From: gyuwono@magnus.acs.ohio-state.edu (Gunawan Yuwono) Newsgroups: alt.visa.us Subject: The address of the Department of State Message-ID: <1992Oct2.012710.9172@magnus.acs.ohio-state.edu> Date: 2 Oct 92 01:27:10 GMT I am so glad that there are so many people asked for the address of the United States Department of State. But I am really sorry that I can't e-mail all of you one by one. So I like to post it here. Visa Bulletin Visa Office, Department of State Washington, D.C. 20522-0113 Just send a letter and ask them to put your address into their mailing list. By the way, this Visa Bulletin is a free subscription and is published monthly. That's all folks .....!!!!! I hope you'll find this bulletin useful. From mimsy!cs.umd.edu!haven.umd.edu!news.umbc.edu!europa.eng.gtefsd.com!uunet!digex.net!digex.net!not-for-mail Wed Nov 10 11:33:01 EST 1993 ---------------------BEGIN----------------- IMMIGRANT NUMBERS FOR DECEMBER 1993 PREFERENCES All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Family 1st C C C C 01NOV92 14AUG85 2A* 15MAY91 15MAY91 15MAY91 15MAY91 08MAY91 15MAY91 LB* 15MAY91 15MAY91 15MAY91 15MAY91 15MAY91 15MAY91 2B 22OCT89 22OCT89 12APR89 22OCT89 22OCT89 01APR87 3rd 01OCT91 01OCT91 01OCT91 01OCT91 22JUN85 01MAR83 4th 01JUN84 01JUN84 01JUN84 14FEB83 08DEC81 01JUN77 *NOTE: For DECEMBER, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08MAY91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAY91 and earlier than 15MAY91. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 15MAY91. All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Employment- Based 1st C C C C C C 2nd C 01NOV92 C C C C 3rd C 01JUL93 C 15JAN93 C 01JUL92 Othe 15JAN88 15JAN88 15JAN88 15JAN88 15JAN88 15JAN88 Workers 4th C C C C C 01JAN93 Certain C C C C C 01JAN93 Religious Workers 5th C C C C C C Targeted C C C C C C Employment Areas/ Regional Centers -------------------END---------------------- To subscribe to direct mailing, send mail to rskhanna@access.digex.net -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 rajiv.khanna@permanet.org From mimsy!cs.umd.edu!news.umbc.edu!europa.eng.gtefsd.com!uunet!digex.net!digex.net!not-for-mail Sun Dec 12 20:02:34 EST 1993 ---------------------------------BEGIN--------------- IMMIGRANT NUMBERS FOR JANUARY 1994 PREFERENCES All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Family 1st C C C C 01DEC92 20AUG85 2A* 01JUN91 01JUN91 01JUN91 01JUN91 22MAY91 01JUN91 LB* 01JUN91 01JUN91 01JUN91 01JUN91 01JUN91 01JUN91 2B 01NOV89 01NOV89 11MAY89 01NOV89 01NOV89 15MAY87 3rd 01NOV91 01NOV91 01NOV91 01NOV91 22JUL85 15MAR83 4th 01JUL84 01JUL84 01JUL84 01MAR83 01FEB82 03JUN77 *NOTE: For JANUARY, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22MAY91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22MAY91 and earlier than 01JUN91. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 01JUN91. All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Employment- Based 1st C C C C C C 2nd C 01JAN93 C C C C 3rd C 01JUL93 C 01MAR93 C 01JUL92 Other 01FEB88 01FEB88 01FEB88 01FEB88 01FEB88 01FEB88 Workers 4th C C C C C 15JAN93 Certain C C C C C 15JAN93 Religious Workers 5th C C C C C C Targeted Em- C C C C C C ployment Areas/ Regional Centers Chinese Student Protection Act: C (Applications for adjustment of status under this legislation may be filed regardless of visa number availability.) ------------------------------------- Send mail to rskhanna@access.digex.net to subscribe to the visa bulletin. --------------------END---------------------- -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 rajiv.khanna@permanet.org From mimsy!cs.umd.edu!zombie.ncsc.mil!paladin.american.edu!europa.eng.gtefsd.com!uunet!digex.net!digex.net!not-for-mail Thu Jan 13 16:16:16 EST 1994 ---------------------------------BEGIN--------------- IMMIGRANT NUMBERS FOR FEBRUARY 1994 PREFERENCES All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Family 1st C C C C 22JAN93 26AUG85 2A* 15JUN91 15JUN91 15JUN91 15JUN91 08JUN91 15JUN91 LB* 22JUN91 22JUN91 22JUN91 22JUN91 22JUN91 22JUN91 2B 01NOV89 01NOV89 15JUN89 01NOV89 01NOV89 22JUL87 3rd 01DEC91 01DEC91 01DEC91 01DEC91 01SEP85 30MAR83 4th 08AUG84 08AUG84 08AUG84 08MAR83 01MAY82 08JUN77 *NOTE: For FEBRUARY, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08JUN91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JUN91 and earlier than 15JUN91. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 22JUN91. All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Employment- Based 1st C C C C C C 2nd C 01JUL93 C C C C 3rd C 01JUL93 C 22JUN93 C 01JUL92 Other 08FEB88 08FEB88 08FEB88 08FEB88 08FEB88 08FEB88 Workers 4th C C C C C 25JAN93 Certain C C C C C 25JAN93 Religious Workers 5th C C C C C C Targeted Em- C C C C C C ployment Areas/ Regional Centers Chinese Student Protection Act: C (Applications for adjustment of status under this legislation may be filed regardless of visa number availability.) B. TRANSITION IMMIGRANT (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY AFFECTED" FOREIGN STATES Section 132 of the Immigration Act of 1990 (P.L. 101-649) provides 40,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 for natives of certain countries which had been identified as "adversely affected" for purposes of the "NP-5" immigrant program established under Section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99-603). At least 40 percent of AA-1 numbers are designated for natives of the country which received the greatest number of visas under the NP-5 program (i.e., Ireland). Any numbers unused in fiscal year 1993 will be added to the fiscal year 1994 limitation. For February, immigrant numbers in the AA-1 category are available to qualified applicants chargeable to IRELAND on a "CURRENT" basis. For February, AA-1 numbers for ALL OTHER qualifying countries have been made available to applicants with lottery rank numbers lower than: 11,000 Ireland numbers are expected to remain "CURRENT" for the foreseeable future. There is no way to predict at present what movement there may be during the coming months in the rank cut-off for all other AA-1 countries. Applicants should be aware that AA-1 numbers for these countries could be exhausted prior to September, however, and perhaps as early as July. ENTITLEMENT TO AA-1 VISA STATUS WILL LAST ONLY THROUGH SEPTEMBER 1994, AND AA-1 VISA NUMBERS COULD BE EXHAUSTED EVEN BEFORE SEPTEMBER IF RESPONSE TO VISA LETTERS IS VERY HEAVY. APPLICANTS WHO WISH TO TAKE ADVANTAGE OF THEIR AA-1 REGISTRATION SHOULD RESPOND AS QUICKLY AS POSSIBLE TO THE VISA NOTIFICATION LETTER. D. PROJECTIONS OF PREFERENCE VISA NUMBER AVAILABILITY FOR THE COMING MONTHS Based on current indications of demand, the Visa Office has made the following projections of visa availability for the next few months. It should be noted that variations in demand for visa numbers could slow or expedite availability. Furthermore, advances in the cut-off dates will often slow as the end of the fiscal year approaches and visa issuances near the annual limits. Family FIRST preference: CURRENT for all countries except for MEXICO and PHILIPPINES, where the combination of heavy applicant demand and the annual ceiling under the prorated per-country limit will mean continued oversubscription. The MEXICO date is expected to advance about one month each month. For PHILIPPINES, the cut-off date is likely to move several days per month. Family SECOND preference - 2A: The cut-off dates are expected to advance one or two weeks each month. The heavy concentration of demand in the Family 2A category by applicants with 1991 priority dates continues to limit the rate of cut-off date advance in this category. 2B: The DOMINICAN REPUBLIC cut-off date should advance about one month each month. The PHILIPPINES date is likely to advance several weeks per month. The cut-off date for all other countries will move no more than one week per month, and in some months no advance may be possible. LB Transition Category for Spouses/Children of Legalization Beneficiaries: Advances in the cut-off date are likely to be about one or two weeks per month during the coming months. (Note that FY-1994 is the last year for visa issuance in this category.) Family THIRD preference: For most countries this cut-off date should move about three or four weeks per month. For MEXICO, the date should advance several weeks per month, and for PHILIPPINES about two weeks. Family FOURTH preference: The worldwide date will move about one month per month. For INDIA the cut-off date will advance one to two weeks per month. The PHILIPPINES cut-off date will continue to advance only days at a time because of the very considerable applicant demand in this category. The MEXICO date will advance about six to eight weeks each month. Employment FIRST preference: This category is expected to remain CURRENT. Employment SECOND preference: The preference is CURRENT for all countries EXCEPT CHINA-mainland born. CHINA-mainland born: A steady advance of this cut-off date is expected. No specific prediction on the pace of the movement is possible at present. Employment THIRD preference: The Employment Third preference category for all countries EXCEPT CHINA-mainland born, INDIA, and PHILIPPINES is "CURRENT". CHINA-mainland born: Heavy applicant demand for visa numbers (primarily for adjustment of status cases at INS offices) has not permitted any advance in this cut-off date during the past few months. During the coming months, it may be possible to advance the cut-off date no more than one day; even that depends on a significant amount of unused CHINA numbers from other visa categories falling into this preference. (There is a very heavy concentration of CHINA Employment Third preference applicants with early July 1993 priority dates, primarily persons entitled to derivative status through a beneficiary of the Chinese Student Protection Act.) INDIA: Due to the variations in demand, no specific prediction on the pace of movement of this date is possible at present. PHILIPPINES: The numerical limit is significantly lower for FY-1994 than for the past year. This along with the heavy applicant demand has not permitted any advance in the cut-off date. No specific prediction on the pace of movement of this date is possible at present. "OTHER (UNSKILLED) WORKER" subcategory: This cut-off date will advance about one week per month. Employment FOURTH preference: This category is CURRENT and should remain so, except for PHILIPPINES. Heavy applicant demand in this category for PHILIPPINES visa allocations, including those within the "Certain Religious Worker" classes, will require a cut-off date indefinitely, with gradual forward movement. (Note that the provisions in INA 101(a)(27)(C)(ii)(II) and (III) for visa issuance to Certain Religious Workers expire as of September 30, 1994.) Employment FIFTH preference: This category is expected to remain CURRENT for all chargeabilities for the remainder of FY-1994. ------------------------------------- Send mail to rskhanna@access.digex.net to subscribe to the visa bulletin. --------------------END---------------------- -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 rajiv.khanna@permanet.org From mimsy!cs.umd.edu!news.umbc.edu!europa.eng.gtefsd.com!howland.reston.ans.net!math.ohio-state.edu!cs.utexas.edu!uunet!digex.net!digex.net!not-for-mail Fri Feb 11 19:30:22 EST 1994 ---------------------------------BEGIN--------------- IMMIGRANT NUMBERS FOR MARCH 1994 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%, not more than 5,000 of which to the Religious Workers described in INA Section 101(a)(27)(C)(ii)(II) and (III). Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targetted rural or high-unemployment area, and 300 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, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES. 5. SPOUSES AND CHILDREN OF LEGALIZATION BENEFICIARIES: Section 112 of the Immigration Act of 1990 (P.L. 101-649) provides 55,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 to spouses and children of persons legalized under the three programs established by the Immigration Reform and Control Act of 1986 (P.L. 99-603). The total available for each fiscal year must be reduced, however, by the extent to which immediate relative immigration in the previous year exceeds 239,000. (This category is indicated below by the symbol "LB".) 6. 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 DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Family 1st C C C C 22FEB93 01SEP85 2A* 08JUL91 08JUL91 08JUL91 08JUL91 22JUN91 08JUL91 LB* 01JUL91 01JUL91 01JUL91 01JUL91 01JUL91 01JUL91 2B 08NOV89 08NOV89 19JUL89 08NOV89 08NOV89 22AUG87 3rd 15JAN92 15JAN92 15JAN92 15JAN92 01OCT85 20APR83 4th 15SEP84 15SEP84 15SEP84 15MAR83 15JUN82 13JUN77 *NOTE: For MARCH, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUN91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUN91 and earlier than 08JUL91. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 01JUL91. All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Employment-Based 1st C C C C C C 2nd C C C C C C 3rd C 02JUL93 C C C 01JUL92 Other 01MAR88 01MAR88 01MAR88 01MAR88 01MAR88 01MAR88 Workers 4th C C C C C 01FEB93 Certain C C C C C 01FEB93 Religious Workers 5th C C C C C C Targeted C C C C C C Employment Areas/Regional Centers Chinese Student Protection Act: C (Applications for adjustment of status under this legislation may be filed regardless of visa number availability.) The Department of State has available a recorded message with visa availability information which can be heard at: (area code 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. TRANSITION IMMIGRANT (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY AFFECTED" FOREIGN STATES Section 132 of the Immigration Act of 1990 (P.L. 101-649) provides 40,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 for natives of certain countries which had been identified as "adversely affected" for purposes of the "NP-5" immigrant program established under Section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99-603). At least 40 percent of AA-1 numbers are designated for natives of the country which received the greatest number of visas under the NP-5 program (i.e., Ireland). Any numbers unused in fiscal year 1993 will be added to the fiscal year 1994 limitation. For March, immigrant numbers in the AA-1 category are available to qualified applicants chargeable to IRELAND on a "CURRENT" basis. For March, AA-1 numbers for ALL OTHER qualifying countries have been made available to applicants with lottery rank numbers lower than: 13,500 Ireland numbers are expected to remain "CURRENT" for the foreseeable future. There is no way to predict at present what movement there may be during the coming months in the rank cut- off for all other AA-1 countries. Applicants should be aware that AA-1 numbers for all countries could be exhausted prior to September, perhaps as early as July. ENTITLEMENT TO AA-1 VISA STATUS WILL LAST ONLY THROUGH SEPTEMBER 1994, AND AA-1 VISA NUMBERS COULD BE EXHAUSTED EVEN BEFORE SEPTEMBER IF RESPONSE TO VISA LETTERS IS VERY HEAVY. APPLICANTS WHO WISH TO TAKE ADVANTAGE OF THEIR AA-1 REGISTRATION SHOULD RESPOND AS QUICKLY AS POSSIBLE TO THE NOTIFICATION LETTER. ------------------------------------- Send mail to rskhanna@access.digex.net to subscribe to the visa bulletin. --------------------END---------------------- -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 rajiv.khanna@permanet.org From rskhanna@access.digex.net Fri Mar 11 10:53:23 EST 1994 ---------------------------------BEGIN--------------- IMMIGRANT NUMBERS FOR APRIL 1994 A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during April. 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 March 8th 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. The fiscal year 1994 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 1994 limit for employment-based preference immigrants calculated under INA 201 is 143,213. 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., 27,845 for FY 1994. The dependent area limit is set at 2%, or 7,384. Effective with FY-1994, the 7% per-country limit applies to Hong Kong. 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%, not more than 5,000 of which to the Religious Workers described in INA Section 101(a)(27)(C)(ii)(II) and (III). Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targetted rural or high-unemployment area, and 300 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, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES. 5. SPOUSES AND CHILDREN OF LEGALIZATION BENEFICIARIES: Section 112 of the Immigration Act of 1990 (P.L. 101-649) provides 55,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 to spouses and children of persons legalized under the three programs established by the Immigration Reform and Control Act of 1986 (P.L. 99-603). The total available for each fiscal year must be reduced, however, by the extent to which immediate relative immigration in the previous year exceeds 239,000. The FY 1994 limit has been set under the law at 32,776. (This category is indicated below by the symbol "LB".) 6. 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 DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Family 1st C C C C 24MAR93 06SEP85 2A* 22JUL91 22JUL91 22JUL91 22JUL91 08JUL91 22JUL91 LB* 22JUL91 22JUL91 22JUL91 22JUL91 22JUL91 22JUL91 2B 15NOV89 15NOV89 01AUG89 15NOV89 15NOV89 22SEP87 3rd 22FEB92 22FEB92 22FEB92 22FEB92 22NOV85 01MAY83 4th 01NOV84 01NOV84 01NOV84 15MAR83 22SEP82 15JUN77 *NOTE: For APRIL, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08JUL91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JUL91 and earlier tha n 22JUL91. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 22JUL91. All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Employment- Based 1st C C C C C C 2nd C C C C C C 3rd C 02JUL93 C C C 01AUG92 Other 22MAR88 22MAR88 22MAR88 22MAR88 22MAR88 22MAR88 Workers 4th C C C C C 08FEB93 Certain C C C C C 08FEB93 Religious Workers 5th C C C C C C Targeted C C C C C C Employ- ment Areas/ Regional Centers Chinese Student Protection Act: C (Applications for adjustment of status under this legislation may be filed regardless of visa number availability.) The Department of State has available a recorded message with visa availability information which can be heard at: (area code 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. TRANSITION IMMIGRANT (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY AFFECTED" FOREIGN STATES Section 132 of the Immigration Act of 1990 (P.L. 101-649) provides 40,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 for natives of certain countries which had been identified as "adversely affected" for purposes of the "NP-5" immigrant program established under Section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99-603). At least 40 percent of AA-1 numbers are designated for natives of the country which received the greatest number of visas under the NP-5 program (i.e., Ireland). Any numbers unused in fiscal year 1993 will be added to the fiscal year 1994 limitation. For April, immigrant numbers in the AA-1 category are available to qualified applicants chargeable to IRELAND on a "CURRENT" basis. For April, AA-1 numbers for ALL OTHER qualifying countries have been made available to applicants with lottery rank numbers lower than: 14,500 Ireland numbers are expected to remain "CURRENT" for the foreseeable future. There is no way to predict at present what movement there may be during the coming months in the rank cut-off for all other AA-1 countries. Applicants should be aware that AA-1 numbers for all countries could be exhausted prior to September, perhaps as early as July. ENTITLEMENT TO AA-1 VISA STATUS WILL LAST ONLY THROUGH SEPTEMBER 1994, AND AA-1 VISA NUMBERS COULD BE EXHAUSTED EVEN BEFORE SEPTEMBER IF RESPONSE TO VISA LETTERS IS VERY HEAVY. APPLICANTS WHO WISH TO TAKE ADVANTAGE OF THEIR AA-1 REGISTRATION SHOULD RESPOND AS QUICKLY AS POSSIBLE TO THE NOTIFICATION LETTER. C. VARIOUS DETERMINATIONS OF NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT AS AMENDED BY THE IMMIGRATION ACT OF 1990 DETERMINATION OF FAMILY PREFERENCE NUMERICAL LIMIT FOR FY 1994 Terms of the Immigration and Nationality Act: INA 201(c) specifies that the worldwide level of family-sponsored preference immigrants for a fiscal year is equal to: 465,000 (this figure is applicable for the calculation of the limits for FYs 1992, 1993 and 1994; for subsequent years the figure will be 480,000), minus the number of immigrants described in subparagraphs (A) and (B) of INA 201(b)(2) who, in the previous fiscal year, were issued immigrant visas or who otherwise acquired lawful permanent resident status*, plus employment preference immigrant numbers which were unused during the previous fiscal year. Under INA 201, however, the family-sponsored preference limitation for any fiscal year may not be less than 226,000. Immediate Relative Immigrant Totals for FY 1993: Immigrant visa workload reports received by the Department of State from consular posts worldwide show that during FY 1993 a total of 161,777 immediate relative (IR) visas were issued. This total is subject to a net reduction of 110, however, to take account of issued visas returned unused to consular offices and thus "recaptured" under INA 206. Figures on adjustments of status at local offices of the Immigration and Naturalization Service compiled and provided by INS Headquarters indicate that a total of 97,472 immigrants were granted lawful permanent residence at INS offices in the U.S. during FY 1993 in the categories for spouses, children and parents of United States citizens; this figure includes persons who acquired permanent residence after having been admitted in nonimmigrant "K" (fiance(e)) status. Another 78 children accompanying immediate relative parents were admitted under INA 211(a). INS admission figures record 2,007 children accorded permanent resident status after birth abroad to a permanent resident of the United States. Employment Preference Number Use for FY 1993: The employment-based preference limit for FY 1993 was 161,207. (Visa Bulletin No. 23A, Vol. VII, dated March 10, 1993 provided information on FY 1993 limitations.) A total of 161,053 of these numbers were used for FY 1993 visa issuances or INS adjustments of status and, as required by INA 203(b)(6), an additional 179 were applied to special immigrants who were issued visas or adjusted status during fiscal year 1992 under INA 101(a)(27)(K) [certain U.S. armed forces personnel]. Another 16 were charged for children admitted under INA 211(a) accompanying parents with employment preference visas. There were also 41 employment preference visas returned unused to consular offices; these numbers were "recaptured" per INA 206. Total unused numbers: 161,207 - (161,053 + 16) - 179 + 41 = 0. * The immigrants described in these subparagraphs are 1) immediate relatives, i.e., spouses, children and parents of United States citizens, 2) children admitted under INA 211(a) on the basis of prior issuance of an immigrant visa to their accompanying parent who is such immediate relative, and 3) children born to a lawful permanent resident during a temporary visit abroad. Calculation of FY 1994 Family-Sponsored Preference Limitation: Immediate relative visa issuances during FY 1993: 161,777 (minus net total of "recaptured" FY 1993 IR visas: -110) Immediate relative adjustments of status by INS: 97,472 Children admitted after birth to immediate relative visa holders: 78 Children admitted after birth abroad to lawful permanent residents: 2,007 Immediate Relative etc. Total: 261,224 FY 1994 worldwide family-sponsored level figure: 465,000 minus IR etc. total calculated above: -261,224 plus unused FY 1993 employment pref. numbers: + 0 Total: 203,776 Thus, for FY 1994 the family-sponsored preference limit is fixed at: 226,000 DETERMINATION OF THE EMPLOYMENT PREFERENCE NUMERICAL LIMIT FOR FY 1994 Terms of the Immigration and Nationality Act: INA 201(d) specifies that the worldwide level of employment-based preference immigrants for a fiscal year is equal to: 140,000 plus family preference immigrant numbers which were unused during the previous fiscal year. Family Preference Number Use for FY 1993: The family-sponsored preference limit for FY 1993 was 232,483. (Visa Bulletin No. 23A, Vol. VII, dated March 10, 1993 provided information on FY 1993 limitations.) A total of 229,382 of these numbers were used for visa issuances or INS adjustments of status. Another 82 were charged for children admitted under INA 211(a) accom- panying parents with family preference visas. There were also 194 family prefer- ence visas returned unused to consular offices; the numbers were thus "recaptured" under INA 206. Total unused numbers: 232,483 - (229,382 + 82) + 194 = 3,213. Calculation of FY 1994 Employment-Based Preference Limitation: Worldwide Employment-Based Level figure: 140,000 plus unused FY 1993 family preference numbers: + 3,213 Total: 143,213 For FY 1994, the employment-based preference limit is fixed at: 143,213 (The 3,213 employment preference numbers above the 140,000 minimum are distributed among the five employment preferences according to the percentages specified in INA 203(b).) (In accordance with INA 203(b)(6), the 1,327 special immigrants who were issued visas or adjusted status during FY 1993 under INA 101(a)(27)(K)[certain U.S. armed forces personnel] will be charged against the FY 1994 employment preference limit; the first preference will be reduced by 443, and each of the second and third preferences will be reduced by 442.) DETERMINATION OF PER-COUNTRY LIMITATIONS FOR FY 1994 Terms of the Immigration and Nationality Act: INA 202(a) specifies that the per-country level of family plus employment preference immigrants in any fiscal year may not exceed: For a foreign state: 7% of the total number of family and employment visas for that fiscal year; and For a dependent area: 2% of the total number of family and employment visas for that fiscal year. Calculation of FY 1994 Per-Country Limits: Worldwide Family-Sponsored FY 1994 limit: 226,000 Worldwide Employment-Based FY 1994 limit: 143,213 Total: 369,213 Foreign state limit for FY 1994 (7% of 369,213): 25,845 Dependent area limit for FY 1994 (2% of 369,213): 7,384 (Beginning in FY 1994, the full foreign state limit is applied to Hong Kong pursuant to Sec. 103 of the Immigration Act of 1990.) In accordance with Section 2(d) of the Chinese Student Protection Act of 1992 (P.L. 102-404), the CHINA-mainland born limit for FY 1994 is reduced by 1,000 to 24,845, to compensate for earlier issuances under that legislation. Since the chargeability is subject to visa prorating under INA 202(e), the law specifies that 300 numbers are to be charged against the employment third preference limit, and 700 against the employment fifth preference limit. Under the terms of INA 203(b)(6), FY 1994 per-country limits must be reduced to compensate for the special immigrants who were issued visas or adjusted status during FY 1993 under INA 101(a)(27)(K)[certain U.S. armed forces personnel]. The following FY 1994 per-country limits will be reduced by the amount specified to compensate for such immigrants: Canada 1; Germany 1; Greece 1; Japan 36; Philippines 1,287; and Spain 1. Since the Philippines chargeability is subject to the prorating provisions of INA 202(e), the reduction in that per-country limit will be accomplished under the law as follows: Each of the employment first, second and third preferences will be reduced by 429. ANNUAL NUMERICAL LIMIT FOR THE TRANSITION CATEGORY FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS Terms of the Immigration Act of 1990: For each of fiscal years 1992, 1993 and 1994, section 112 of the Immigration Act of 1990 provides 55,000 immigrant visa numbers for spouses and children of beneficiaries of the legalization programs established by the Immigration Reform and Control Act of 1986. This number is subject to reduction, however, by the amount that immediate relative immigrants in the previous fiscal year exceed 239,000. As indicated in the section above on the family-sponsored preference limitation, the total of immediate relative etc. immigrants in FY 1993 totalled 261,224, i.e., 22,224 above 239,000; 55,000 - 22,224 = 32,776. Thus, for FY 1994, the numerical limit under section 112 of the Immigration Act of 1990 is fixed at: 32,776 ANNUAL NUMERICAL LIMIT FOR THE TRANSITION (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY AFFECTED" COUNTRIES Terms of the Immigration Act of 1990: Section 132 of the Immigration Act of 1990 provides 40,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 for natives of certain countries which had been identified as "adversely affected" for purposes of the NP-5 immigrant program. At least 40% of AA-1 numbers are designated for natives of the country which received the greatest number of visas under the NP-5 program (i.e., Ireland). Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991 (P.L. 102-232) added a stipulation that, if the full number of AA-1 visas or of the portion designated for Ireland is not used in fiscal years 1992 and 1993, the respective shortfall is to be added to the number of such visas to be made available in the succeeding fiscal year. Immigrant Totals for FY 1993: The FY 1993 limit for this category was 41,019, with 17,778 of these designated for Ireland. A total of 34,135 of the numbers were used for visa issuances or INS adjustments of status. However, 34 of the visas were returned unused to consular offices; those numbers were "recaptured" under INA 206. Total unused numbers: 41,019 - 34,135 + 34 = 6,918. Ireland issuances amounted to 14,023; 33 Ireland numbers were "recaptured". Total unused Ireland numbers: 17,778 - 14,023 + 33 = 3,788. Calculation of FY 1994 Numerical Limit Under Section 132: FY 1994 numbers: 40,000 plus unused FY 1993 numbers: + 6,918 Total: 46,918 Thus, for FY 1994, the AA-1 numerical limit under section 132 of the Immigration Act of 1990 is fixed at: 46,918 Numerical Designation for Ireland for FY 1994: Designated minimum of FY 1994 AA-1 limitation (i.e., 40% of 46,918) 18,767 plus unused FY 1993 Ireland numbers: + 3,788 Total: 22,555 Thus, for FY 1994, the share of AA-1 numbers designated for Ireland is fixed at: 22,555 D. AVAILABILITY OF ASYLEE NUMBERS FOR ADJUSTMENT OF STATUS CASES The following information has been provided by the Refugees, Asylum and Parole Office of the Immigration and Naturalization Service: Asylees who filed their application to adjust on or before February 1, 1994 and whose names are included on the Immigration and Naturalization Service centralized computer list may be adjusted at this time. ------------------------------------- Send mail to rskhanna@access.digex.net to subscribe to the visa bulletin. With thanks to Munish Jain, Ohio for volunteering his time to Distribute this document. ------------------------------------------------ --------------------END---------------------- THIS DOCUMENT IS AVAILABLE BY ANONYMOUS FTP TO netcom1.netcom.com, netcom2.netcom.com, etc. through netcom9.netcom.com. The document is found in directory "/pub/rskhanna" and indexed as "AprilVisaBulletin" ---------------------------TOTALLY END--------------- -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 rskhanna@netcom.com From rskhanna@access.digex.net Wed Apr 13 20:38:33 EDT 1994 ---------------------------------BEGIN--------------- IMMIGRANT NUMBERS FOR MAY 1994 A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during May. 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 April 7th 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. The fiscal year 1994 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 1994 limit for employment-based preference immigrants calculated under INA 201 is 143,213. 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., 27,845 for FY 1994. The dependent area limit is set at 2%, or 7,384. Effective with FY-1994, the 7% per-country limit applies to Hong Kong. 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%, not more than 5,000 of which to the Religious Workers described in INA Section 101(a)(27)(C)(ii)(II) and (III). Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targetted rural or high-unemployment area, and 300 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, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES. 5. SPOUSES AND CHILDREN OF LEGALIZATION BENEFICIARIES: Section 112 of the Immigration Act of 1990 (P.L. 101-649) provides 55,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 to spouses and children of persons legalized under the three programs established by the Immigration Reform and Control Act of 1986 (P.L. 99-603). The total available for each fiscal year must be reduced, however, by the extent to which immediate relative immigration in the previous year exceeds 239,000. The FY 1994 limit has been set under the law at 32,776. (This category is indicated below by the symbol "LB".) 6. 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 DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Family 1st C C C C 01MAY93 12SEP85 2A* 01AUG91 01AUG91 01AUG91 01AUG91 24JUL91 01AUG91 LB* 01AUG91 01AUG91 01AUG91 01AUG91 01AUG91 01AUG91 2B 22NOV89 22NOV89 22AUG89 22NOV89 22NOV89 22OCT87 3rd 15MAR92 15MAR92 15MAR92 15MAR92 15JAN86 01JUN83 4th 22NOV84 22NOV84 22NOV84 17MAR83 01NOV82 20JUN77 *NOTE: For MAY, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 24JUL91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 24JUL91 and earlier than 01AUG91. (2A numbers subject to per-country limit are "unavailable" for applican ts chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 01AUG91. All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES Employment- Based 1st C C C C C C 2nd C C C C C C 3rd C 01JUL93 C C C 22AUG92 Other 15APR88 15APR88 15APR88 15APR88 15APR88 15APR88 Workers 4th C C C C C 22FEB93 Certain C C C C C 22FEB93 Religious Workers 5th C C C C C C Targeted C C C C C C Employment Areas/ Regional Centers Chinese Student Protection Act:C (Applications for adjustment of status under this legislation may be filed regardless of visa number availability.) The Department of State has available a recorded message with visa availability information which can be heard at: (area code 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. TRANSITION IMMIGRANT (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY AFFECTED" FOREIGN STATES Section 132 of the Immigration Act of 1990 (P.L. 101-649) provides 40,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 for natives of certain countries which had been identified as "adversely affected" for purposes of the "NP-5" immigrant program established under Section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99-603). At least 40 percent of AA-1 numbers are designated for natives of the country which received the greatest number of visas under the NP-5 program (i.e., Ireland). Any numbers unused in fiscal year 1993 will be added to the fiscal year 1994 limitation. For May, immigrant numbers in the AA-1 category are available to qualified applicants chargeable to IRELAND on a "CURRENT" basis. For May, AA-1 numbers for ALL OTHER qualifying countries have been made available to applicants with lottery rank numbers lower than: 16,000 AA-1 allocations for countries OTHER THAN Ireland may be "current" for June and/or July. It is very possible that all such AA-1 numbers could be used as early as July, however. If that happens, non-Ireland AA-1 numbers would be "unavailable" for August and September. Allocations for Ireland are expected to remain "current" for the foreseeable future, but applicants cannot take for granted that they will remain so through the end of FY-1994. Future AA-1 visa availability will depend entirely on the amount of documentarily qualified applicants ready for visa numbers in each particular month. The AA-1 program expires on September 30, 1994, but AA-1 visa issuance could end even before that date if all numbers are used sooner. Registered applicants who do not obtain visas while numbers are available will lose the benefit of their AA-1 registration. All AA-1 cases should be brought to final action as expeditiously as possible. Applicants cannot assume that AA-1 numbers will be available through the end of September. C. CHINA-mainland born Employment Third Preference Visa Availability The visa cut-off date for the CHINA-mainland born Employment Third Preference category, which had been July 2, 1993, has retrogressed one day to July 1, 1993. Only applicants with priority dates earlier than that cut-off are currently eligible for visa number allocation. This retrogression results from the very heavy demand for numbers by CHINA-mainland born applicants (primarily at INS offices) entitled to derivative status as "following-to-join" spouses/children of principals who had adjusted status under the Chinese Student Protection Act (CSPA). CSPA principals are exempt from the per-country visa limit set by INA 202 and, therefore, are not subject to the CHINA-mainland born cut-off date. Following-to-join derivative applicants do not benefit from such per-country limit exemption, however. Those who come within the CHINA-mainland born chargeability must be allocated numbers under that Employment Third Preference limit. The most common priority date for CSPA applicants is July 1, 1993. During the first two and a half weeks of March, about 3,100 CHINA-mainland born Employment Third Preference numbers were allocated to CSPA derivatives with July 1, 1993 priority dates, and the numbers available for allocation to such cases were temporarily exhausted. The result has been the retrogression of the cut-off date. It is expected that this cut-off date may move forward again toward the end of Fiscal Year 1994. The heavy concentration of applicants with early July 1993 priority dates means that, for the foreseeable future, when advances do occur they will be in small increments. VISA BULLETIN SUBSCRIPTION AND CHANGE OF ADDRESS INFORMATION: Additions or changes to the mailing list should be sent to: Visa Bulletin, Visa Office, Department of State, Washington, D.C. 20522-0113. Only addresses within the U.S. postal system may be placed on the mailing list. Please include a recent mailing label when reporting changes or corrections of address; the Postal Service does NOT automatically notify the Visa Office of address changes. Department of State Publication 9514 CA/VO: April 7, 1994 IMMIGRANT VISA WAITING LIST IN THE FAMILY-SPONSORED AND EMPLOYMENT-BASED PREFERENCES AS OF JANUARY l994 Most prospective immigrant visa applicants qualify for status under the law on the basis of family relationships or employer sponsorship. Entitlement to visa processing in these classes is established ordinarily through approval by the Immigration and Naturalization Service of a petition filed on the applicant's behalf. When such petitions are forwarded by INS to the Department of State, applicants in categories subject to numerical limit are registered on the visa waiting list by the office which is processing the case. Each case is assigned a priority (i.e., registration) date based on the filing date accorded to the petition. Visa issuance within each numerically limited category is possible only if the applicant's place on the waiting list has been reached, i.e., the case priority date is within the visa availability dates published each month by the Department of State. Family and employment preference applicants compete for visa numbers within their respective categories on a worldwide basis according to priority date; a per-country limit on such preference immigrants set by INA 202 places a maximum on the amount of visas which may be issued in a single year to applicants from any one country, however. The Department of State periodically asks consular offices at which immigrant visa cases are registered (as well as the immigrant visa processing center at Rosslyn, Virginia) to report the totals of applicants on the waiting list in the various numerically-limited immigrant categories. Ordinarily such reports are submitted annually in January. (Visa Bulletin No. 23B, Vol. VII, contained a summary of last year's waiting list count.) The figures below have been compiled from the reports submitted to the Department in January 1994 and show the number of immigrant visa applicants on the waiting list in the various preferences and sub- categories established under the Immigration Act of 1990. Provided for comparison are totals prepared following the January 1993 tabulation. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. January l994 Totals Increase/Decrease (and % of total January l993 From 1993 Totals Category registrants) Totals (and % of change) Family Prefs.: FAMILY FIRST 63,499 ( 1.8%) 54,779 +8,720 (+15.9%) FAMILY SECOND Spouses/Children: 1,047,496 (29.0%)* 958,839* +88,657 (+ 9.2%) Adult Sons/ Daughters: 450,579 (12.5%) 391,816 +58,763 (+15.0%) Pref. Total 1,498,075 (41.5%) 1,350,655 +147,420 (+10.9%) FAMILY THIRD 257,110 ( 7.1%) 218,121 +38,989 (+17.9%) FAMILY FOURTH 1,643,463 (45.5%) 1,611,715 +31,748 (+ 2.0%) FAMILY TOTAL 3,462,147 (95.9%) 3,235,270 +226,877 (+ 7.0%) Employment Prefs.: EMPL. FIRST 8,315 ( 0.2%) 6,882 +1,433 (+20.8%) EMPL. SECOND 11,159 ( 0.3%) 18,682 -7,523 (-40.3%) EMPL. THIRD Skilled Workers/ Baccalaureate Degree Holders: 30,735 ( 0.9%) 32,813 -2,078 (- 6.3%) Other (i.e., Unskilled) Workers: 94,348 ( 2.6%) 95,362 -1,014 (- 1.1%) Pref. Total 125,083 ( 3.5%) 128,175 -3,092 (- 2.4%) EMPL. FOURTH 5,241 ( 0.1%)** 4,045** +1,196 (+29.6%) EMPL. FIFTH 176 (minimal)*** 139*** +37 (+26.6%) EMPL. TOTAL 149,974 ( 4.1%) 157,923 -7,949 (- 5.0%) GRAND TOTAL 3,612,121 (100.%) 3,393,193 +218,928 (+ 6.5%) *of which, spouses/children of legalization beneficiaries: 1994: 853,382 (81.5% of Family 2A total); 1993: 739,774 (77.2% of Family 2A total); increase over 1992 total: +113,608 (+15.4%) **of which, certain religious workers in the classes established under the Immigration Act of 1990: 1994: 1,823; 1993: 1,510 ***of which, investors in targetted employment areas: 1994: 76; 1993: 17 Since the 1993 count, all of the family-sponsored preference totals have increased, with the greatest addition in the second preference. The growth in registrations last year has been less than half the nearly half a million increase between the 1992 and 1993 counts, however. The single greatest element in that increase was petition filing for spouses and children by beneficiaries of the 1986 legalization programs, who had become permanent residents of the United States by the early 1990s and were then able to file second preference petitions. Such petition filings seem to have peaked in 1992, however. The total family preference waiting list this year is more than double what it was eight years ago. The employment-sponsored preferences as a group show a decrease. This is not surprising, since the Labor Department has indicated that labor certification filings have dropped over the past few years. Further, with visas now immediately available in most employment preference categories (the "other worker" category being the one notable exception), qualified applicants are able to proceed to prompt final acton on their cases and do not need to spend an extended period on the waiting list. Immigrant visa issuances during fiscal year 1994 are limited by the terms of INA 201 to 226,000 in the family-sponsored preferences and to 143,213 in the employment-based preferences. It should by no means be assumed that once an applicant is registered on the waiting list, the registration is then continually included in the waiting list totals unless and until a visa is issued. The consular procedures mandate a regular culling of visa cases to remove from the count those unlikely to see further action, so that totals are not unreasonably inflated. If, for example, a consular post receives no response within one year from an applicant to whom the visa application instruction letter (i.e., the consular "Packet 3" letter) is sent when the movement of the visa availability cut-off date indicates a visa may become available within a reasonable time frame, the case is considered "inactive" under the consular procedures and is no longer included in waiting list totals. The sixteen countries/areas with the highest number of waiting list registrants are listed below; together these represent 82.1% of the total. This list includes all countries with at least 40,000 persons on the waiting list. Last year the same sixteen were also at the top of the listing by largest number of applicants, although the country order was a bit different. (The per-country limit in INA 202 sets an annual maximum on the amount of preference visas which may be issued to applicants from any one country; the 1994 per-country limit is 25,845.) 1994 TOTAL 1993 TOTAL MEXICO 983,966 856,228 PHILIPPINES 568,552 494,580 INDIA 260,188 258,646 CHINA-mainland born 192,291 188,533 VIETNAM 158,493 101,085 CHINA-Taiwan born 113,388 117,838 KOREA 108,869 124,355 DOMINICAN REPUBLIC 103,139 98,696 EL SALVADOR 91,799 95,093 HAITI 68,563 64,816 JAMAICA 64,352 67,992 HONG KONG 62,638 65,342 PAKISTAN 56,946 63,332 GUYANA 46,640 45,504 POLAND 43,023 42,661 GUATEMALA 42,450 47,319 All Others 646,824 661,173 Worldwide Total 3,612,121 3,393,193 The greatest country increases in this year's count are reflected in the figures for Mexico (where the additional registrations are primarily close family members of legalization beneficiaries), Philippines (where several family preferences show higher figures) and Vietnam (where an increase is concentrated among siblings of U.S. citizens). The totals for many countries actually show a small decline. Mexico registrations alone account for about 57% of the net increase in this year's worldwide waiting list total. A breakdown of the worldwide waiting list by region is: Fam. Prefs. (% of Empl. Prefs. (% of Total (% of Total Family Empl. Waiting Total) Total) List) Africa 63,606 ( 1.8%) 4,064 ( 2.7%) 67,670 ( 1.9%) Asia 1,656,221 (47.8%) 63,685 (42.5%) 1,719,906 (47.6%) Europe 122,713 ( 3.6%) 13,127 ( 8.7%) 135,840 ( 3.8%) N. America* 1,450,492 (41.9%) 53,400 (35.6%) 1,503,892 (41.6%) Oceania 16,035 ( 0.5%) 741 ( 0.5%) 16,776 ( 0.5%) S. America 153,080 ( 4.4%) 14,957 (10.0%) 168,037 ( 4.6%) Total 3,462,147 (100.%) 149,974 (100.%) 3,612,121 (100.%) *North America includes Canada, Mexico, Central America and the Caribbean. FAMILY-SPONSORED PREFERENCES Family FIRST Preference: The worldwide Family FIRST preference numerical limitation is 23,400. Visas are immediately available at present for applicants from all but two countries (Philippines and Mexico) which are oversubscribed on account of their heavy applicant demand. Waiting list details are: Fam. First Percent of Preference Category Country/Area Total Waiting List PHILIPPINES 49,381 77.8% MEXICO 3,980 6.3% Other Countries 10,138 15.9% Total 63,499 100.0% Under the terms of INA 202(e), immigrant numbers for oversubscribed countries are prorated among the various preferences. During FY 1994, there will be 1,638 Family FIRST preference numbers for Philippines. (This compares to 4,000 numbers annually under the former terms of INA 202(e).) For Philippines applicants, the cut-off date in this preference has advanced only about two and a half months during the past year, and the considerable visa demand in excess of the limit will permit very slow movement as far as can be foreseen. Philippines oversubscription has, moreover, become considerably greater during the past year, with the country total nearly 10,000 higher than a year ago. (Cases are added to the waiting list in this category not only by the approval of new FIRST preference petitions, but also through automatic conversion of pending 2B cases into FIRST preference upon the naturalization of the petitioner.) For Mexico, where more FIRST preference visas are available because of the fall-across to the category of unused Mexico employment preference numbers, the oversubscription of this category is at present less severe. For other countries, the preference should remain "current" for the near term, but the prospect of future oversubscription exists, particularly if large quantities of Family 2B cases move into the category following naturalization of petitioners. Family SECOND Preference: The total Family SECOND preference waiting list figure is 1,498,075. Of these, 1,047,496 (70%) are spouses and children of permanent residents of the United States (the 2A class), and 450,579 (30%) are adult sons/daughters of permanent residents (the 2B class). The Family SECOND preference waiting list has increased by 147,420 applicants in the past year. This is the greatest preference increase in terms of absolute numbers, and represents 65% of the entire worldwide family preference waiting list growth during the year. The worldwide Family SECOND preference limit for FY 1994 is 114,200 plus unused FIRST preference numbers; 77% of this total are provided to "2A" spouses and children of permanent residents, while the remaining 23% go to "2B" adult sons and daughters of permanent residents. 2A: About 95,000 visa numbers are expected to be available to this applicant class during FY 1994. The countries with the highest 2A waiting list totals are: Family 2A Percent of Preference Category Country/Area Total Waiting List MEXICO 717,085 68.5% EL SALVADOR 40,359 3.8% HAITI 37,804 3.6% DOMINICAN REPUBLIC 31,637 3.0% INDIA 20,021 1.9% GUATEMALA 18,785 1.8% PHILIPPINES 16,988 1.6% PAKISTAN 13,196 1.3% Other Countries 151,621 14.5% Total 1,047,496 100.0% The 1990 Act has significantly added to the number of visas for the 2A class (issuances during FY 1994 will be close to 50% more than would have been possible under the former provisions of law), and has now virtually equalized the visa waiting period for applicants from all countries. (Previously, there had been substantially earlier cut-off dates for Mexico, Philippines and Dominican Republic applicants.) It is apparent, however, that even with the greater visa availability, the large and rapidly growing waiting list assures continued oversub- scription in the foreseeable future, and the prospect of a lengthening delay between the filing of a petition and the applicant's turn for visa issuance being reached. Over the past year, the visa availability cut-off date for this applicant class advanced six months, and in view of the heavy concentration of applicants with 1991 and 1992 priority dates, even slower movement in the months ahead is likely. As is clear from the section below, the major factor contributing to the greatly increased Family 2A visa demand is the filing of petitions for immediate family members by persons legalized under the terms of the Immigration Reform and Control Act of 1986, who began to be admitted to permanent residence in large numbers during 1989. (Leaving aside petitions filed by legalization beneficiaries, the Family 2A waiting list total is actually lower than a year ago.) Mexico cases represent 60% of Family 2A applicants with 1991 priority dates, 75% of 1992 registrations, and 71% of 1993 cases.) Over the next few years, as the petitioners in 2A cases become eligible to apply for naturalization, some may become citizens and thus pending 2A petitions for their spouses and children would be converted automatically into the immediate relative visa category, which is not subject to numerical limit and for which, therefore, there is no waiting period. There is potential for a possible, indeed probable, major increase in immediate relative visas in coming years, therefore, with a corresponding drop in the Family 2A waiting list. It is not possible at present to quantify this prospect, however. Spouses and Children of Legalization Beneficiaries: Separate and in addition to the Family 2A preference limit, the Immigration Act of 1990 includes a transition provision which authorizes up to 55,000 visas in each of FYs 1992, 1993 and 1994 for spouses and children of those permanent residents who acquired status through the legalization programs established under the Immigration Reform and Control Act of 1986. The 1994 numerical limit calculated for this category is actually 32,776, under the offset provision which factors last year's immediate relative immigration into the determination. Of the 1,047,496 applicants registered in the 2A category, 853,382 (81.5%) have been identified as spouses and children of legalization beneficiaries, and as such they are entitled to status this year under both the Family 2A classification and this "LB" transition provision, with visa issuance determined by the category in which a visa first becomes available for their priority date. Countries with the highest number of applicants entitled to status under the transition provision are: "LB" Cat. Percent of Applicant Category Country/Area Total Waiting List MEXICO 675,626 79.2% EL SALVADOR 34,293 4.0% HAITI 26,277 3.1% GUATEMALA 15,689 1.8% INDIA 13,052 1.5% DOMINICAN REPUBLIC 10,645 1.3% Other Countries 77,800 9.1% Total 853,382 100.0% Since persons from Mexico comprised about three-quarters of the legalization beneficiaries, it is not surprising to find that most of the spouses/children for whom such beneficiaries subsequently filed immigration preference petitions are from that country. Since 1992, the transition provision has helped to reduce the pressure on the Family 2A category by providing additional visas for this major applicant component. The phase-out of the transition provision within a few months will in effect reduce the annual visa issuance to spouses and children of permanent residents, with the inevitable result an even slower rate of advance in the Family 2A cut-off date. 2B: Visa numbers for this class of adult sons and daughters are expected to total about 28,500 during FY 1994, about one-third fewer than might have been available under the former terms of the law. The waiting list far exceeds the annual limit. Applicant totals are: Family 2B Percent of Preference Category Country/Area Total Waiting List MEXICO 84,067 18.7% DOMINICAN REPUBLIC 48,671 10.8% PHILIPPINES 43,887 9.8% CHINA-mainland born 21,701 4.8% EL SALVADOR 20,429 4.5% JAMAICA 20,179 4.5% HAITI 18,489 4.1% INDIA 15,898 3.5% GUYANA 14,450 3.2% CHINA-Taiwan born 10,482 2.3% KOREA 10,457 2.3% Other Countries 141,869 31.5% Total 450,579 100.0% The combination of the reduced numerical limit for this visa category under the terms of the Immigration Act of 1990, and the growing applicant demand indicated by the substantially greater waiting list (up more than 58,000 in the past year) means slow movement of this visa cut-off date and an increasingly long wait for a 2B visa. The worldwide Family 2B cut-off date has advanced only about six weeks during the past year and the pace of movement is unlikely to increase very significantly in the foreseeable future. Family THIRD Preference: The annual visa limit is 23,400 compared with 27,000 under the former provisions of law. Two oversubscribed countries (Philippines and Mexico) have sufficiently heavy demand in this preference to require a cut-off date earlier than the worldwide date. Countries with highest registrations are: Fam. Third Percent of Preference Category Country/Area Total Waiting List PHILIPPINES 143,987 56.0% MEXICO 35,373 13.8% POLAND 13,943 5.4% Other Countries 63,807 24.8% Total 257,110 100.0% The Family THIRD preference waiting list grow by almost 39,000 (nearly 18%) during the past year. More than three-quarters of the increase was in the Philippines; under the visa prorating provisions of INA 202(e), annual issuances for that country are limited to 1,638, however. The greater applicant demand in this category makes likely a gradually lengthening wait for a visa in the years ahead. Family FOURTH Preference: Applicants registered in the Family FOURTH preference total 1,643,463, which is the largest single element of the waiting list. Annual visa issuances are limited to 65,000. Because of the very heavy demand concentrated in this preference, the wait for a visa is longer than in any other category. The countries listed below have the largest number of FOURTH preference applicants: Fam. Fourth Percent of Preference Category Country/Area Total Waiting List PHILIPPINES 292,693 17.8% INDIA 213,593 13.0% CHINA-mainland born 148,909 9.1% MEXICO 136,592 8.3% VIETNAM 130,760 7.9% CHINA-Taiwan born 95,119 5.8% KOREA 77,247 4.7% HONG KONG 52,648 3.2% PAKISTAN 35,819 2.2% Other Countries 460,083 28.0% Total 1,643,463 100.0% Philippines and Vietnam had the most significant increases in this visa category during the past year. Many countries in fact showed a drop in total Family FOURTH preference applicants. Perhaps the steadily growing waiting period, now approaching ten years for countries of most favorable visa availability and even longer for some oversubscribed countries, is discouraging new petition filing. The huge waiting list assures that the cut-off dates in this preference are likely to continue to move slowly. Estimated FY 1994 Family FOURTH preference visa issuances under the per-country limit for the three countries with the earliest cut-off dates are: Philippines 4,550; India 9,000; Mexico 6,500. A comparison of these figures with their waiting list totals illustrates the extent of oversubscription and the inevitable very slow progress expected in the cut-off dates. EMPLOYMENT-BASED PREFERENCES The employment-based categories were extensively revised by the 1990 Act and the numerical limits were considerably increased, from a total of 54,000 for the former third and sixth preferences to at least 140,000 for the entire new series of employment preferences. Before the provisions of the 1990 Act took effect, the former third and sixth preferences had been oversubscribed; for most countries, the Employment FIRST and SECOND preferences and the skilled worker/professional segment of THIRD preference became "current" in October 1991 and remain so. With Employment preference visas readily available for most qualified applicants (except for those in the Other (i.e., Unskilled) Worker category) and with new labor certification filings down in recent years, it is not surprising that the Employment waiting list total has in fact declined since last year's count. It is important to note that more than half of all Employment preference immigrants are adjustment of status cases at INS offices. Cases pending with INS are not counted in the consular waiting list tally. Thus, in several Employment preference categories the waiting list understates the actual immigrant demand. Employment FIRST Preference: As of January, registrations in this category were 8,315 against a FY 1994 limit of 40,959 (28.6% of 143,213), plus any unused numbers from the Employment FOURTH and FIFTH preferences, which fall "up" to FIRST. Visa availability is "current" for all countries. During FY 1993, 21,632 numbers were used in this preference; FY 1994 number use is likely to be close to that figure, with about half of Employment FIRST preference numbers falling to the SECOND preference. The country with the largest number of applicants currently on the FIRST preference waiting list is Canada, with 1,152 (13.9% of the worldwide total). Employment SECOND Preference: The FY 1994 visa limit is 40,959 plus unused numbers from the FIRST preference. The waiting list as of January 1994 is down 40% from the 18,682 counted last year, and 66% from the 32,452 of January 1992. The totals in those years consisted primarily of former third preference cases automatically carried into this category when the 1990 Act took effect. The preference has been "current" for most countries since October 1991 and, with more visas issued than new petitions approved, the size of the waiting list has diminished. Consular registration figures show only three countries with more than 1,000 applicants on the SECOND preference waiting list: Empl. Second Percent of Preference Category Country/Area Total Waiting List PHILIPPINES 2,839 25.5% INDIA 1,674 15.0% CHINA-mainland born 1,020 9.1% Other Countries 5,626 50.4% Total 11,159 100.0% This category is "current" at present for all chargeabilities. The preference is likely to remain "current" in the foreseeable future, with total FY 1994 number use expected to be perhaps slightly more than half the 29,415 numbers used in FY 1993. Employment THIRD Preference: The preference is entitled to 28.6% of the 143,213 FY 1994 Employment numbers, i.e., 40,959, plus the unused numbers from the category above. INA 203(b)(3)(B) specifies that no more than 10,000 of these numbers may be provided to applicants in the "Other (i.e., Unskilled) Worker" subcategory, however. The Employment THIRD preference waiting list components for "Skilled Workers" (i.e., at least two years of training or experience required for labor certification) and "Professionals with Baccalaureate Degree" total 30,735 (25% of all registrations in the preference), down by about 2,000 (6.3%) from last year's total. Again, this is not surprising since the category is "current" for all but two chargeabilities at the present time. Countries with the highest number of such applicants are: Empl. Third Preference: Percent of Skilled Wkr/ Waiting List Professional in These Country/Area Components Classes PHILIPPINES 10,679 34.7% KOREA 1,913 6.2% CHINA-mainland born 1,709 5.6% INDIA 1,359 4.4% CHINA-Taiwan born 1,155 3.8% IRAN 883 2.9% MEXICO 831 2.7% CANADA 758 2.5% Other Countries 11,448 37.2% Total 30,735 100.0% While the figures for most countries are lower this year than last, the Philippines total has increased by more than 5,000. Other Workers: Applicants within this segment of the Employment THIRD preference amount to 94,348, i.e., 63% of the entire Employment preference waiting list, and about 75% of the THIRD preference total. The figure includes not just the workers themselves, but (as in all other preference categories) derivative spouses and children as well, who are entitled to the same status and order of consideration as the principal under INA 203(d). As noted above, the annual limit set by law for issuances to this component of THIRD preference is 10,000. It is the one element within the Employment preferences which has been consistently oversubscribed. The Other Worker applicant total has dropped by about 1,000 (1%) over the past year, perhaps in part because the long wait for a visa in the category has helped to discourage new cases. Countries with the most registrations are: Empl. Third Percent of Preference: Waiting List Other Worker in This Country/Area Component Class EL SALVADOR 15,530 16.5% KOREA 11,018 11.7% TRINIDAD AND TOBAGO 7,599 8.0% PHILIPPINES 6,332 6.7% GUATEMALA 5,679 6.0% MEXICO 5,655 6.0% JAMAICA 3,602 3.8% CHINA-mainland born 2,622 2.8% Other Countries 36,311 38.5% Total 94,348 100.0% The estimated total number use in the Employment THIRD preference during FY 1994 will probably be about 62,000. (This includes about 12,000 adjustments of status for beneficiaries of the Chinese Student Protection Act; the application period for benefits under the CSPA began on July 1, 1993 and will end on June 30, 1994. CSPA cases, even though placed by law within the worldwide Employment THIRD preference numerical limitation, are processed by INS under special rules of entitlement, and are not reflected in the waiting list figures.) In view of the anticipated fall into this preference of many thousands of numbers from above, visas can be expected to remain "current" in the immediate future for most applicants within the "Skilled Worker" and "Professional" components. The notable exceptions are allocations for Philippines and China. Philippines registrations are considerably in excess of the visas available annually under the country limit; a slow-moving visa cut-off date is in prospect for the foreseeable future. In the China-mainland born chargeability, several thousand spouses and children of Chinese Student Protection Act beneficiaries are likely to "follow-to-join" the principals in the year ahead; the added visa demand (not reflected in the waiting list total above) is likely to assure continued oversubscription of China Employment THIRD preference numbers for the immediate future. In the "Other Worker" subcategory, where visa demand is already so much in excess of the annual limit, slow forward movement of the cut-off date is expected. Employment FOURTH Preference: The worldwide FY 1994 visa limit (7.1% of 143,213) is 10,168 in this preference. Only 5,241 applicants were counted in the January 1994 waiting list tally, 1,823 of whom in the classes for "certain religious workers" established under INA 101(a)(27)(C)(ii)(II) and (III). Perhaps 6,400 immigrant numbers within this preference are expected to be used during FY 1994, about 2,300 of which for "certain religious workers". (Note that under the current terms of the INA, the visa provisions for "certain religious workers" are due to expire as of September 30, 1994.) The preference should remain "current" for applicants from all countries other than Philippines. Under prorating, the Philippines Employment FOURTH preference is entitled to 712 numbers for FY 1994 and visa demand, particularly from former U.S. government employees, is likely to remain in excess of that limit. The Philippines waiting list for this preference is 1,620 (30% of the worldwide total). Any unused FOURTH preference numbers fall up to Employment FIRST preference. Employment FIFTH Preference: The FY 1994 limit is 10,168. There are 176 applicants currently registered on the visa waiting list, 76 of whom are investors in "targetted areas". The three chargeabilities with the greatest number of registrants (China-Taiwan born: 62; China-mainland born: 33; and Hong Kong: 27) together represent 69% of registrants. (As noted above, cases being processed by INS for adjustment of status are not included in the consular waiting list count.) During FY 1993, 596 Employment FIFTH preference numbers were used. Visas are available at present for all applicants; the current estimate is that about 500 numbers will be used this year. Any unused numbers from this annual limit fall up to Employment FIRST preference. ------------------------------------- Send mail to rskhanna@access.digex.net to subscribe to the visa bulletin. With thanks to Munish Jain, Ohio for volunteering his time to Distribute this document. ------------------------------------------------ --------------------END---------------------- THIS DOCUMENT IS AVAILABLE BY ANONYMOUS FTP TO netcom1.netcom.com, netcom2.netcom.com, etc. through netcom9.netcom.com. The document is found in directory "/pub/rskhanna" and indexed as "MayVisaBulletin" ---------------------------TOTALLY END--------------- -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 rskhanna@netcom.com From rskhanna@access.digex.net Sat May 14 21:46:25 EDT 1994 ---------------------------------BEGIN--------------- IMMIGRANT NUMBERS FOR JUNE 1994 A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during June. 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 May 6th 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. The fiscal year 1994 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 1994 limit for employment-based preference immigrants calculated under INA 201 is 143,213. 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., 27,845 for FY 1994. The dependent area limit is set at 2%, or 7,384. Effective with FY-1994, the 7% per-country limit applies to Hong Kong. 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%, not more than 5,000 of which to the Religious Workers described in INA Section 101(a)(27)(C)(ii)(II) and (III). Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targetted rural or high-unemployment area, and 300 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, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES. 5. SPOUSES AND CHILDREN OF LEGALIZATION BENEFICIARIES: Section 112 of the Immigration Act of 1990 (P.L. 101-649) provides 55,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 to spouses and children of persons legalized under the three programs established by the Immigration Reform and Control Act of 1986 (P.L. 99-603). The total available for each fiscal year must be reduced, however, by the extent to which immediate relative immigration in the previous year exceeds 239,000. The FY 1994 limit has been set under the law at 32,776. (This category is indicated below by the symbol "LB".) 6. 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 Family All Charge- ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES 1st C C C C 08JUN93 19SEP85 2A* 08AUG91 08AUG91 08AUG91 08AUG91 01AUG91 08AUG91 LB* 08AUG91 08AUG91 08AUG91 08AUG91 08AUG91 08AUG91 2B 22NOV89 22NOV89 01SEP89 22NOV89 22NOV89 25NOV87 3rd 15MAR92 15MAR92 15MAR92 15MAR92 01FEB86 08JUN83 4th 22NOV84 22NOV84 22NOV84 22MAR83 01NOV82 22JUN77 *NOTE: For JUNE, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01AUG91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01AUG91 and earlier than 08AUG91. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) Applicants qualified for the "LB" (Spouse/Child of Legalization Beneficiary) category whose priority date does not permit allocation of a "2A" number under the 2A cut-off dates above are eligible for an "LB" number as long as their priority date is earlier than 08AUG91. Employment- All Charge- Based ability Areas CHINA- Except Those mainland DOMINICAN Listed born REPUBLIC INDIA MEXICO PHILIPPINES 1st C C C C C C 2nd C C C C C C 3rd C 01JUL93 C C C 08OCT92 Other 01MAY88 01MAY88 01MAY88 01MAY88 01MAY88 01MAY88 Workers 4th C C C C C 08APR93 Certain C C C C C 08APR93 Religious Workers 5th C C C C C C Targeted C C C C C C Employment Areas/Regional Centers Chinese Student Protection Act: C (Applications for adjustment of status under this legislation may be filed regardless ofvisa number availability.) B. TRANSITION IMMIGRANT (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY AFFECTED" FOREIGN STATES Section 132 of the Immigration Act of 1990 (P.L. 101-649) provides 40,000 immigrant visas during each of fiscal years 1992, 1993 and 1994 for natives of certain countries which had been identified as "adversely affected" for purposes of the "NP-5" immigrant program established under Section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99-603). At least 40 percent of AA-1 numbers are designated for natives of the country which received the greatest number of visas under the NP-5 program (i.e., Ireland). Any numbers unused in fiscal year 1993 will be added to the fiscal year 1994 limitation. For June, immigrant numbers in the AA-1 category are available to qualified applicants chargeable to all AA-1 countries on a "CURRENT" basis. AA-1 allocations for countries OTHER THAN Ireland have become "current" for June. It is very possible that all such AA-1 numbers could be used before the end of the fiscal year in September, however. If that happens, NON-Ireland AA-1 numbers would be "unavailable" for the last weeks of the fiscal year. Allocations for Ireland are expected to remain "current" for the foreseeable future, but applicants cannot take for granted that they will remain so through the end of FY-1994. Future AA-1 visa availability will depend entirely on the amount of documentarily qualified applicants ready for visa numbers in each particular month. THE AA-1 PROGRAM EXPIRES ON SEPTEMBER 30, 1994, BUT AA-1 VISA ISSUANCE COULD END EVEN BEFORE THAT DATE IF ALL NUMBERS ARE USED SOONER. REGISTERED APPLICANTS WHO DO NOT OBTAIN VISAS WHILE NUMBERS ARE AVAILABLE WILL LOSE THE BENEFIT OF THEIR AA-1 REGISTRATION. ALL AA-1 CASES SHOULD BE BROUGHT TO FINAL ACTION AS EXPEDITIOUSLY AS POSSIBLE. APPLICANTS CANNOT ASSUME THAT AA-1 NUMBERS WILL BE AVAILABLE THROUGH THE END OF SEPTEMBER. C. PROJECTIONS OF PREFERENCE VISA NUMBER AVAILABILITY FOR THE COMING MONTHS Based on current indications of demand, the Visa Office has made the following projections of visa availability for the summer months. It should be noted that variations in demand for visa numbers could slow or expedite availability. Moreover, advances in the cut-off dates often slow as the September 30 end of the visa (fiscal) year approaches and visa issuances near the annual limits. There is always a possibility for cut-off date retrogression toward the end of the visa year to keep issuances within the annual limits. Family FIRST preference: CURRENT for all countries except MEXICO and PHILIPPINES, where the combination of heavy applicant demand and the annual ceiling under the prorated per-country limit will mean continued oversubscription. The MEXICO date is expected to advance about one month each month. For PHILIPPINES, the cut-off date is likely to move a few days per month. Family SECOND (2A and 2B), THIRD, and FOURTH preferences: The cut-off date advances during the first three quarters of the visa year (October 1993 through June 1994) have used most of the numbers available for the preferences under the annual limits. Thus, little or no further forward movement should be expected during the final quarter of the year (July through September). With the start of the new fiscal year in October, regular advances in these cut-off dates will resume. Small advances may be possible during the summer months in the following categories for the oversubscribed countries indicated: DOMINICAN REPUBLIC and PHILIPPINES 2B preference, MEXICO and PHILIPPINES Third preference, and INDIA and PHILIPPINES Fourth preference. LB Transition Category for Spouses/Children of Legalization Beneficiaries: This transition category expires at the end of visa year 1994 (i.e., in September). Most of the "LB" numbers have already been used, and little or no further advance in this cut- off date is likely. Notwithstanding the end of this Transition category, all spouses and children of permanent resident legalization beneficiaries for whom immigrant petitions have been approved continue to be entitled to visas in the Family 2A preference when their priority date is reached. Visa issuance in the "LB" category has in effect helped reduce demand for Family 2A visa numbers, which has allowed the Family 2A cut-off date to advance faster than would have been possible otherwise. The end of "LB" allocations will mean that the Family 2A cut-off date is likely to advance a little slower during the coming year than has been possible over the past year. Employment FIRST preference: This category is expected to remain CURRENT. Employment SECOND preference: The preference is expected to remain CURRENT for all countries. Employment THIRD preference: This category is expected to remain CURRENT for all chargeabilities EXCEPT CHINA- mainland born and PHILIPPINES. CHINA-mainland born: Heavy applicant demand for visa numbers (primarily for adjustment of status cases at INS offices) has limited the advance in this cut-off date during the past few months. There is a concentration of CHINA Employment Third preference applicants with early July 1993 priority dates, primarily spouses and children entitled to derivative status through a beneficiary of the Chinese Student Protection Act. It is possible that the cut-off date will move forward a little in the summer, but advances will be in very limited increments, probably one day at a time. PHILIPPINES: Continued small advances in this date are likely over the coming months. "OTHER (UNSKILLED) WORKER" subcategory: Some further advances may be possible during the summer but, as issuances approach the 10,000 limit for the year, cut-off date movement is likely to slow. Employment FOURTH preference: This category is CURRENT and should remain so, except for PHILIPPINES. Heavy applicant demand for PHILIPPINES visa allocations, including those within the "Certain Religious Worker" classes, will require a cut-off date indefinitely, with gradual forward movement. (Note that the provisions in INA 101(a)(27)(C)(ii)(II) and (III) for visa issuance to Certain Religious Workers expire as of September 30, 1994. The special immigrant classification for Ministers of Religion is permanent, however, and will not be affected by the expiration of the provisions for other religious workers.) Employment FIFTH preference: This category is expected to remain CURRENT for all chargeabilities for the remainder of FY-1994. (Note that in October, the first month of the new visa year, the CHINA-mainland born Employment FIFTH preference is likely to be "UNAVAILABLE". All of the numbers initially provided to this category must be deducted to cover CHINA applicants processed previously under the Chinese Student Protection Act. Subsequent visa availability in the CHINA- mainland born investor category will depend on the extent to which numbers unused by other CHINA-mainland born categories fall to the Employment FIFTH preference later in FY-1995.) ------------------------------------- Send mail to rskhanna@access.digex.net to subscribe to the visa bulletin. With thanks to Munish Jain, Ohio for volunteering his time to Distribute this document. ------------------------------------------------ --------------------END---------------------- THIS DOCUMENT IS AVAILABLE BY ANONYMOUS FTP TO netcom1.netcom.com, netcom2.netcom.com, etc. through netcom9.netcom.com. The document is found in directory "/pub/rskhanna" and indexed as "JuneVisaBulletin" ---------------------------TOTALLY END--------------- -- ----------------------------------------------------------------- LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@immigration.com Washington, DC 20036-3403 rskhanna@businesslaw.com