IMMIGRANT NUMBERS FOR MARCH 1998 A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Immigration and Naturalization Service reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by February 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.
Immediately that it becomes necessary during the monthly allocation
process to retrogress a cut-off date, supplemental requests for numbers
will be honored only if the priority date falls within the new cut-off
date.
2. Section 201 of the Immigration and Nationality Act (INA) sets an
annual minimum family-sponsored preference limit of 226,000. The
worldwide level for annual employment-based preference immigrants
is at least 140,000. Section 202 prescribes that the per-country
limit for preference immigrants is set at 7% of the total annual
family-sponsored and employment-based preference limits, i.e.,
25,620. The dependent area limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment
of immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any
numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of
Permanent Residents: 114,200, plus the number (if any) by which the
worldwide family preference level exceeds 226,000, and any unused
first preference numbers:
A. Spouses and Children: 77% of the overall second preference
limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of
the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any
numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any
numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based
preference level, plus any numbers not required for fourth and
fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or
Persons of Exceptional Ability: 28.6% of the worldwide employment
-based preference level, plus any numbers not required by first
preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of
the worldwide level, plus any numbers not required by first and
second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less
than 3,000 of which reserved for investors in a targeted rural or
high-unemployment area, and 3,000 set aside for investors in
regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment
-based preference visas be issued to eligible immigrants in the
order in which a petition in behalf of each has been filed.
Section 203(d) provides that spouses and children of preference
immigrants are entitled to the same status, and the same order of
consideration, if accompanying or following to join the principal.
The visa prorating provisions of Section 202(e) apply to allocations
for a foreign state or dependent area when visa demand exceeds the
per-country limit. These provisions apply at present to the
following oversubscribed chargeability areas: CHINA-mainland born,
INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates
that the class is oversubscribed (see paragraph 1); "C" means current,
i.e., numbers are available for all qualified applicants; and "U" means
unavailable, i.e., no numbers are available. (NOTE: Numbers are
available only for applicants whose priority date is earlier than
the cut-off date listed below.)
PREFERENCES
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Family
1st 08JUL96 08JUL96 08JUL96 01JUL93 22DEC86
2A* 15OCT93 15OCT93 15OCT93 08DEC92 15OCT93
2B 15AUG91 15AUG91 15AUG91 01JUN91 15AUG91
3rd 22SEP94 22SEP94 22SEP94 01MAY89 15NOV86
4th 01OCT87 01OCT87 22JAN86 15JAN87 15APR78
*NOTE: For March, 2A numbers EXEMPT from per-country limit are available
to applicants from all countries with priority dates earlier than
08DEC92. 2A numbers SUBJECT to per-country limit are available to
applicants chargeable to all countries EXCEPT MEXICO with priority
dates beginning 08DEC92 and earlier than 15OCT93. (All 2A numbers
provided for MEXICO are exempt from the per-country limit; there are
no 2A numbers for MEXICO subject to per-country limit.)
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22MAY97 C C C
2nd C 15APR96 22JUN96 C C
3rd C 01FEB94 08MAY95 C C
Other 01MAR91 01MAR91 01MAR91 01MAR91 01MAR91
Workers
4th C C C C C
Certain 01JUL97 01JUL97 01JUL97 01JUL97 01JUL97
Religious
Workers
5th C C C C C
Targeted Employ- C C C C C
ment Areas/
Regional Centers
The Department of State has available a recorded message with visa
availability information which can be heard at (202) 663-1541. This
recording will be updated in the middle of each month with information
on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides 55,000
immigrant visas each fiscal year to permit immigration opportunities
for persons from countries other than the principal sources of current
immigration to the United States. DV visas are divided among six
geographic regions. Not more than 3,850 visas (7% of the 55,000 visa
limit) may be provided to immigrants from any one country.
For March, immigrant numbers in the DV category are available to
qualified DV-98 applicants chargeable to all regions/eligible countries
on a "CURRENT" basis, except as listed below.
All DV Charge-
ability Areas
Except Those
Region Listed Separately
AFRICA AF 27,200
ASIA AS 10,641 EXCEPT: BANGLADESH AS 6,002
EUROPE EU 17,711 EXCEPT: ALBANIA EU 10,229
BULGARIA EU 13,653
NORTH AMERICA CURRENT
(BAHAMAS)
OCEANIA CURRENT
SOUTH AMERICA, CURRENT
CENTRAL AMERICA,
and the CARIBBEAN
(NOTE: It remains to be seen if applicant demand will increase
sufficiently to require oversubscription of any other region/country
in a subsequent month.)
Entitlement to immigrant status in the DV category lasts only through
the end of the fiscal (visa) year for which the applicant is selected
in the lottery. The year of entitlement for all applicants registered
for the DV-98 program ends as of September 30, 1998. DV visas may not
be issued to DV-98 applicants after that date. Similarly, spouses
and children accompanying or following to join DV-98 principals are
only entitled to derivative DV status until September 30, 1998. DV
visa availability through the very end of FY-1998 cannot be taken
for granted. Numbers could be exhausted prior to September 30. Once
all numbers provided by law for the DV-98 program have been used, no
further issuances will be possible.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.