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Full Guide to the Visa Bulletin

Visa Bulletin

VISA BULLETIN

NOVEMBER 2011

FAMILY-SPONSORED PREFERENCES

First:(F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third:(F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth:(F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family- Sponsored

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

22JUL04

22JUL04

22JUL04

01APR93

08FEB97

F2A *

15FEB09

15FEB09

15FEB09

01DEC08

15FEB09

F2B

01AUG03

01AUG03

01AUG03

22NOV92

15JUL01

F3

22SEP01

22SEP01

22SEP01

08DEC92

22JUN92

F4

15JUN00

15JUN00

15JUN00

22APR96

22AUG88

*NOTE: For November, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01DEC08. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01DEC08 and earlier than 15FEB09. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

01NOV07

01NOV07

C

C

3rd

22DEC05

22AUG04

22JUL02

22DEC05

22DEC05

Other Workers*

15NOV05

22APR03

15JUN02

15NOV05

15NOV05

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

Targeted Employment Areas/Regional Centers and Pilot Programs

C

C

C

C

C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2012 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For November, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

13,000

Except: Egypt 8,000
Ethiopia 10,000
Nigeria 10,000

ASIA

10,000

EUROPE

11,000

NORTH AMERICA
(BAHAMAS)

4

OCEANIA

500

SOUTH AMERICA,
and the CARIBBEAN

550

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN DECEMBER

For December, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

18,500

Except:
Egypt 12,700
Ethiopia 13,500
Nigeria 12,000

ASIA

15,000

EUROPE

13,500

NORTH AMERICA
(BAHAMAS)

5

OCEANIA

575

SOUTH AMERICA,
and the CARIBBEAN

600

D. CHINA-MAINLAND BORN AND INDIA EMPLOYMENT-BASED SECOND PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS

The November Employment-based Second preference cut-off date for applicants from China and India is the most favorable since August 2007. This advancement is expected to generate significant levels of demand based on new filings for adjustment of status at U.S. Citizenship and Immigration Services offices. While significant future cut-off date movements are anticipated, they may not be made on a monthly basis. Readers should not expect such movements to be the norm throughout the fiscal year, and an eventual retrogression of the cut-off at some point during the year is a distinct possibility.Visa Bulletin Explained:


--------------------------------
The Visa bulletin is an information-based document or web page that supplies non-citizens with valuable information concerning the ever-changing laws and regulations associated with the obtainment of a Visa or green card.

The visa-bulletin is a government-issued and updated; the information supplied enables a non-immigrant, in the process of applying for residency or citizenship, to observe vital updates that will invariably affect their application.

The majority of green card applicants must wait before they can obtain a green card; this delay is associated with the United States’ tendency to place limits on the number of Visas offered and the types of immigrants that can be approved each year. To limit immigration of certain countries and to encourage immigration of other nations, the United States’ government places a quota for all categories concerning immigration. These quotas are active during the given fiscal year and then reset for the subsequent year.

To aid those involved with immigration, the visa bulletin will constantly update their petitions and application processes during the grace period.

The Visa Bulleting, through The United States’ Department of State, publishes a monthly “Visa Bulletin.”

The Visa bulletin demonstrates and reveals what cases currently possess a “visa number”; this number will reveal which beneficiaries can process and resume their applications.

If an applicant is a beneficiary of an immigration petition that possesses a quota, the individual can use the Visa Bulletin to elucidate on their status concerning the acquisition of a green card.

The Visa Bulletin also provides information concerning the United States’ Diversity Visa Program, which is also known as the green card lottery.

Instructions Concerning the Visa Bulletin

Before viewing the Visa Bulletin, an applicant must first understand their attached priority date. To find out their priority date, the applicant must refer to their USCIS notice of receipt. The applicant, or the petitioner, should receive this receipt shortly after the petition for immigration was filed. The priority date is used to mark the date when a visa number becomes available to the applicant.Following acknowledgement of the priority date, the applicant must then access the monthly Visa Bulletin. The Visa Bulletin can be accessed through the State Department’s Bureau of Consular Affairs web site.

When accessing the Visa Bulletin the applicant must observe their visa preference category. Refer to the USCIS website for details on specific green card preference categories.

The applicant must then locate his or her country of residence on the Visa Bulletin. The Bulleting shows the visa preference categories in one column and the coordinating dates in the parallel column. The majority of countries are grouped together, although a few exceptions—such as India, Mexico, China, and the Philippines—are listed separately. These separated countries have the highest number of applicants.

Once the country has been selected, check the cut-off date or status indicator. If the selection reads “C” for “Current” it means visa numbers are available for all pending applications. If the selection reads “U” it means no visa numbers are available. If a date shows up, the applicant must compare it with their priority date; a visa number will be available if the priority date is earlier than the cut-off date.

Once a visa number is available proceed with the application.

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