Visa Bulletin
For September 2012
Number 48
Volume IX
Washington, D.C.
Volume IX
Washington, D.C.
A. STATUTORY
NUMBERS
1. This bulletin summarizes the availability of
immigrant numbers during September. Consular officers are required to
report to the Department of State documentarily qualified applicants for
numerically limited visas; U.S. Citizenship and Immigration Services in the
Department of Homeland Security reports applicants for adjustment of
status. Allocations were made, to the extent possible, in chronological
order of reported priority dates, for demand received by August 9th. If
not all demand could be satisfied, 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. If 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 announced in this
bulletin.
2. The fiscal year 2012 limit for family-sponsored
preference immigrants determined in accordance with Section 201 of the
Immigration and Nationality Act (INA) is 226,000. The fiscal year 2012
limit for employment-based preference immigrants calculated under INA 201 is
144,951. 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., 25,967 for FY-2012. The
dependent area limit is set at 2%, or 7,419.
3. 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.
4. Section 203(a) of the INA prescribes
preference classes for allotment of Family-sponsored immigrant visas as
follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and
Daughters of U.S. 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, plus any unused first preference numbers:
A. (F2A)
Spouses and Children of Permanent Residents: 77% of the overall second
preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B)
Unmarried Sons and Daughters (21 years of age or older) of Permanent
Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters
of U.S. Citizens: 23,400, plus any numbers not required by first and
second preferences.
Fourth: (F4) Brothers and Sisters of
Adult U.S. Citizens: 65,000, plus any numbers not required by first three
preferences.
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.)
|
Family-Sponsored
|
All Charge-ability Areas Except Those Listed
|
CHINA- mainland born
|
INDIA
|
MEXICO
|
PHILIPPINES
|
|
F1
|
01OCT05
|
01OCT05
|
01OCT05
|
08JUN93
|
08NOV94
|
|
F2A
|
08MAY10
|
08MAY10
|
08MAY10
|
15APR10
|
08MAY10
|
|
F2B
|
15SEP04
|
15SEP04
|
15SEP04
|
22AUG92
|
01JAN02
|
|
F3
|
15MAY02
|
15MAY02
|
15MAY02
|
22JAN93
|
22JUL92
|
|
F4
|
08MAR01
|
22JAN01
|
08MAR01
|
15JUN96
|
01FEB89
|
*NOTE: For
September, F2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates earlier
than 15APR10. F2A numbers SUBJECT to per-country limit
are available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 15APR10 and earlier than 08MAY10. (All F2A
numbers provided for MEXICO are exempt from the per-country limit; there are no
F2A numbers for MEXICO subject to per-country limit.)
5. Section 203(b) of the INA prescribes
preference classes for allotment of Employment-based immigrant visas as
follows:
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 Pub. L.
102-395.
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.)
|
Employment- Based
|
All Chargeability Areas Except Those Listed
|
CHINA- mainland born
|
INDIA
|
MEXICO
|
PHILIPPINES
|
|
1st
|
C
|
C
|
C
|
C
|
C
|
|
2nd
|
01JAN09
|
U
|
U
|
01JAN09
|
01JAN09
|
|
3rd
|
01OCT06
|
15DEC05
|
08OCT02
|
01OCT06
|
01AUG06
|
|
Other Workers
|
01OCT06
|
22JUN03
|
08OCT02
|
01OCT06
|
01AUG06
|
|
4th
|
C
|
C
|
C
|
C
|
C
|
|
Certain Religious Workers
|
C
|
C
|
C
|
C
|
C
|
|
5th
Targeted Employment Areas/ Regional Centers and Pilot Programs |
C
|
C
|
C
|
C
|
C
|
*Employment Third Preference Other Workers
Category: Section 203(e) of the Nicaraguan and Central American Relief
Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of
Pub. L. 105-139, provides that once the Employment Third Preference Other
Worker (EW) cut-off date has reached the priority date of the latest EW
petition approved prior to November 19, 1997, the 10,000 EW numbers available
for a fiscal year are to be reduced by up to 5,000 annually beginning in the
following fiscal year. This reduction is to be made for as long as
necessary to offset adjustments under the NACARA program. Since the EW
cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction
in the EW annual limit to 5,000 began in Fiscal Year 2002.
6. The Department of State has a recorded
message with visa availability information which can be heard at: (202)
663-1541. This recording is updated on or about the tenth of each month
with information on cut-off dates for the following month.
B.
DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the INA provides up to 55,000
immigrant visas each fiscal year to permit additional immigration opportunities
for persons from countries with low admissions during the previous five
years. The NACARA stipulates that beginning with DV-99, and for as long
as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will
be made available for use under the NACARA program. This resulted in
reduction of the DV-2012 annual limit to 50,000. DV visas are divided
among six geographic regions. No one country can receive more than seven
percent of the available diversity visas in any one year.
For September, immigrant numbers in the DV
category are available to qualified DV-2012 applicants chargeable to all
regions/eligible countries as follows. When an allocation cut-off number is
shown, visas are available only for applicants with DV regional lottery rank numbers
BELOW the specified allocation cut-off number:
|
Region
|
All DV Chargeability Areas Except Those Listed
Separately
|
|
|
AFRICA
|
CURRENT
|
|
|
ASIA
|
CURRENT
|
|
|
EUROPE
|
CURRENT
|
|
|
NORTH AMERICA (BAHAMAS)
|
CURRENT
|
|
|
OCEANIA
|
CURRENT
|
|
|
SOUTH AMERICA, and the CARIBBEAN
|
CURRENT
|
|
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-2012 program ends as of September 30, 2012. DV
visas may not be issued to DV-2012 applicants after that date. Similarly,
spouses and children accompanying or following to join DV-2012 principals are
only entitled to derivative DV status until September 30, 2012. DV visa
availability through the very end of FY-2012 cannot be taken for granted.
Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY
(DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER
For October, immigrant numbers in the DV
category are available to qualified DV-2013 applicants chargeable to all
regions/eligible countries as follows. When an allocation cut-off number is
shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
|
Region
|
All DV Chargeability Areas Except Those Listed
Separately
|
||
|
AFRICA
|
8,000
|
Except: Egypt 5,500
Ethiopia 5,500 Nigeria 5,500 |
|
|
ASIA
|
1,900
|
|
|
|
EUROPE
|
5,700
|
|
|
|
NORTH AMERICA (BAHAMAS)
|
2
|
|
|
|
OCEANIA
|
250
|
|
|
|
SOUTH AMERICA, and the CARIBBEAN
|
450
|
|
|
D. DETERMINATION OF THE NUMERICAL
LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND
NATIONALITY ACT (INA)
The State Department is required to make a
determination of the worldwide numerical limitations, as outlined in Section
201(c) and (d) of the INA, on an annual basis. These calculations are
based in part on data provided by U.S. Citizenship and Immigration Services
(CIS) regarding the number of immediate relative adjustments in the preceding
year and the number of aliens paroled into the United States under Section
212(d)(5) in the second preceding year. Without this information, it is
impossible to make an official determination of the annual limits. To
avoid delays in processing while waiting for the CIS data, the Visa Office (VO)
bases allocations on the minimum annual limits outlined in Section 201 of the
INA. On August 8th, CIS provided the required data to VO.
The Department of State has determined the Family and
Employment preference numerical limits for FY-2012 in accordance with the terms
of Section 201 of the INA. These numerical limitations for FY-2012 are as
follows:
Worldwide Family-Sponsored preference
limit: 226,000
Worldwide Employment-Based preference limit: 144,951
Worldwide Employment-Based preference limit: 144,951
Under INA Section 202(A), the per-country limit is
fixed at 7% of the family and employment annual limits. For FY-2012 the
per-country limit is 25,967. The dependent area annual limit is 2%, or
7,419.
E.
OBTAINING THE MONTHLY VISA BULLETIN
The Department of
State's Bureau of Consular Affairs publishes the monthly Visa Bulletin on their
website at www.travel.state.gov
under the Visas section. Alternatively, visitors may access the Visa Bulletin
directly by going to:
To be placed on the
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send an E-mail to the following E-mail address:
and in the message body
type:
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To be removed from the
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Visa-Bulletin
The Department of State
also has available a recorded message with visa cut-off dates which can be
heard at: (202) 663-1541. The recording is normally updated by the middle of
each month with information on cut-off dates for the following month.
Readers may submit
questions regarding Visa Bulletin related items by E-mail at the following
address:
(This address cannot be
used to subscribe to the Visa Bulletin.)
Department of State Publication
9514
CA/VO: August 9, 2012
CA/VO: August 9, 2012
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