The following are highlights from the monthly State Department Visa Bulletin. The most significant development by far this month is the retrogression of employment-based immigrant numbers for nationals of the People’s Republic of China. For the first time ever, Chinese nationals are facing backlogs in the EB-1, EB-2 and EB-3 categories. EB-1 visas are backed up until 1 January 1997, EB-2 applications are backed up until 8 October 1995 and EB-3 petitions are backlogged until 1 November 1993. That means, for example, that as of 1 December 1997, only EB-1 applicants whose I-140 petitions were FILED before 1 January 1997 can apply to adjust status or consular process or, if such an application is already pending, can complete processing of the green card petitions. If a person already has an adjustment application pending, the application will be held up for a final decision until the numbers become current again. Employtent Authorization Documents can be extended during such time and advance parole documents will continue to be issued. If an applicant has not yet filed for adjustment of status, the application will not be accepted until a priority date becomes current. The million dollar question is how fast will these numbers move. That’s difficult to predict since the priority dates are determined based on the number of people applying in these categories each month. Last year, a similar regrogression occurred for Indian nationals. Those numbers have jumped forward and backward for the last year and are still not current. But that is not to say that the numbers won’t move more quickly should applications drop for Chinese workers.
A. STATUTORY NUMBERS (This communication provides priority dates
and other transitional information as taken from the State
Department's Visa Bulletin released November 12, 1997.) On the
following chart, the listing of a date for any class indicates that
the class is oversubscribed; "C" means current, i.e., numbers are
available for all qualified applicants; and "U" means unavailable,
i.e., no numbers are available.
PREFERENCES
FAMILY
All Charge-
ability Areas CHINA
Except Those Mainland
Listed born INDIA MEXICO PHILIPPINES
1st 01SEP95 01SEP95 01SEP95 01MAY93 23OCT86
2A* 15JUL93 15JUL93 15JUL93 010CT92 15JUL93
2B 15JUN91 15JUN91 15JUN91 08MAY91 15JUN91
3rd 01JUN94 01JUN94 01JUN94 01JAN89 01JUL86
4th 22APR87 22APR87 08AUG85 01OCT86 10MAR78
*NOTE: For DECEMBER, 2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates
earlier than 01OCT92. 2A numbers SUBJECT to per-country limit are
available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 01OCT92 and earlier than 15JUL93.
(2A numbers subject to per-country limit are "unavailable" for
applicants chargeable to MEXICO.)
EMPLOYMENT-BASED
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
1st C 01JAN97 C C C
2nd C 08OCT95 01DEC95 C C
3rd C 01NOV93 15DEC94 C C
Other 01JUN90 01JUN90 01JUN90 01JUN90 01JUN90
Workers
4th C C C C C
Certain 15FEB97 15FEB97 15FEB97 15FEB97 15FEB97
Religious Workers
5th C C C C C
Targeted C C C C C
Employment 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.
ADDITIONAL HIGHLIGHTS FROM THE DECEMBER 1997 VISA BULLETIN
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides
55,000 immigrant visas each fiscal year to provide 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 DECEMBER, immigrant numbers in the DV category are available to
qualified applicants chargeable to all regions/eligible countries
on a CURRENT basis.
(NOTE: For January, a rank cut-off will be establish for Africa
and Asia (regional) as well as Albania (country) to hold issuances
within the numerical limits. All other areas will remain "Current"
for January. It remains to be seen if applicant demand will
increase sufficiently to require oversubscription of any other
region/country for 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.
C. OVERSUBSCRIPTION OF THE CHINA-MAINLAND BORN CHARGEABILITY
Continued heavy use of China-mainland born visa numbers has
oversubscribed this chargeability for December, and has required
the established of cut-off dates for the Employment FIRST, SECOND,
and THIRD preferences. (The October Visa Bulletin (number 79)
contained an item (D) which alerted readers that oversubscription
of these preferences was possible.) In the Employment First and
Second preferences, the heavy demand for numbers has been primarily
from adjustment of status cases at INS offices. CHINA-mainland
born Employment Third preference demand comes not only from
adjustment of status cases, but also from consular visa
applications by following-to-join family members of persons who
obtained status under the Chinese Student Protection Act; many of
those cases have relatively early priority dates. Cut-off date
movement in these Employment preferences categories during the
coming months depends on the extent of future visa demand. No
specific predictions are possible at this time.
D. INDIA EMPLOYMENT SECOND AND THIRD PREFERENCE VISA AVAILABILITY
There has been no movement in INDIA Employment SECOND and THIRD
preference cut-off dates for the month of December. Applicant
demand in these categories continues to be heavy. The rate at
which a cut-off date advances depends on how many applicants in
each category need visa numbers, and on their priority dates. A
cut-off date is established when there are no more numbers
available for a month. Since it is not possible to determine how
many applicants with relatively early priority dates will use
number each month, there is no way to predict the rate of cut-off
date movement in the INDIA Employment Second and Third preferences
during the coming months.
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. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.