United States Department of State
Bureau of Consular Affairs

VISA BULLETIN


U.S. DEPARTMENT OF STATE                       
APRIL 1995 VISA BULLETIN NUMBER 48, VOLUME VII
BUREAU OF CONSULAR AFFIARS



                        United States Department of State
                            Bureau of Consular Affairs


Number 48      Volume VII                                      Washington, D.C.
_______________________________________________________________________________
_

                         IMMIGRANT NUMBERS FOR APRIL 1995


A.  STATUTORY_NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during 
April. Consular officers are required to report to the Department of 
Statedocumentarily qualified applicants for numerically limited visas; the 
Immigration and Naturalization Service reports applicants for adjustment 
ofstatus.  Allocations were made, to the extent possible under the 
numericallimitations, for the demand received by March 8th in the chronological 
order ofthe reported priority dates.  If the demand could not be satisfied 
within thestatutory or regulatory limits, the category or foreign state in 
which demandwas excessive was deemed oversubscribed.  The cut-off date for an 
oversubscribedcategory is the priority date of the first applicant who could 
not be reachedwithin the numerical limits.  Only applicants who have a priority 
date earlierthan the cut-off date may be allotted a number.  Immediately that 
it becomesnecessary during the monthly allocation process to retrogress a cut-
off date,supplemental requests for numbers will be honored only if the priority 
datefalls within the new cut-off date.

2.  The fiscal year 1995 limit for family-sponsored preference 
immigrantsdetermined in accordance with Section 201 of the Immigration and 
Nationality Act(INA) is 253,721.  The fiscal year 1995 limit for employment-
based preferenceimmigrants calculated under INA 201 is 146,503.  Section 202 
prescribes that theper-country limit for preference immigrants is set at 7% of 
the total annualfamily-sponsored and employment-based preference limits, i.e., 
28,016 for FY1995.  The dependent area limit is set at 2%, or 8,004.

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 
notrequired 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 
familypreference level exceeds 226,000, and any unused first preference 
numbers:

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

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

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

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


EMPLOYMENT-BASED_PREFERENCES

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

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

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

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

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 
of which reserved for investors in a targeted rural or high-unemployment area, 
and 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 
preferen

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

PREFERENCES
             All Charge-
             ability Areas    CHINA- 
             Except Those     mainland  DOMINICAN
             Listed           born      REPUBLIC  INDIA     MEXICO    
PHILIPPINES
Family

1st                  C           C         C         C         C      07DEC85

2A*               22MAR92     22MAR92   22MAR92   22MAR92   01FEB92   22MAR92

2B                22MAR90     22MAR90   22MAR90   22MAR90   22MAR90   01OCT89

3rd               22SEP92     22SEP92   22SEP92   22SEP92   15APR87   08OCT83 

4th               08MAY85     08MAY85   08MAY85   01SEP83   01MAY84   12AUG77


*NOTE:  For APRIL, 2A numbers EXEMPT_from_per-country_limit are available to 
applicants from all countries with priority dates earlier than 01FEB92.  2A 
numbers SUBJECT_to_per-country_limit are available to applicants chargeable to 
all countries EXCEPT_MEXICO with priority dates beginning 01FEB92 and earlier 
than 22MAR92.  (2A numbers subject to per-country limit are "unavailable" for 
applicants chargeable to MEXICO.)  (The three-year transition program which had 
provided additional visas for spouses/children of legalization beneficiaries 
has ended; petitions approved on behalf of such spouses/children continue to 
accord them status in the Family 2A preference, however.)




             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        15JUL93      C         C         C      15MAR94

  Other           01NOV89     01NOV89   01NOV89   01NOV89   01NOV89   01NOV89
    Workers

4th                  C           C         C         C         C      15AUG93

  Certain            C           C         C         C         C      15AUG93
    Religious
    Workers          

5th                  C           C         C         C         C         C   

  Targeted Employ-   C           C         C         C         C         C 
    ment Areas/
    Regional Centers


The Department of State has available a recorded message with visa availability 
information which can be heard at:  (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.  DIVERSITY_IMMIGRANT_(DV)_CATEGORY

Section 203(c) of the Immigration and Nationality Act provides 55,000 immigrant 
visas each fiscal year (beginning with FY-1995) to provide immigration 
opportunities for persons from countries other than the principal sources of 
current immigration to the United States.  DV visas are divided among six 
geographic regions.  Not more than 3,850 visas (7% of the 55,000 visa limit) 
may be provided to immigrants from any one country.

The allotment of FY-1995 visa numbers for each region is as follows:  Africa, 
20,200; Asia, 6,837; Europe, 24,549; North America (Bahamas), 8; South America, 
Central America, and the Caribbean, 2,589; and Oceania, 817.

For April, immigrant numbers in the DV category are available to qualified 
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 
 
               All DV Charge-
               ability Areas
               Except Those
  Region       Listed Separately
 
  AFRICA            AF 21,714     

  ASIA              AS 04,293       EXCEPT:  BANGLADESH  AS 03,157
 
  EUROPE             Current        EXCEPT:  POLAND  (see note 1 below)
 
  NORTH AMERICA     (see note 2 below)
   (BAHAMAS)
 
  OCEANIA           OC 01,065
 
  SOUTH AMERICA,    SA 04,778
    CENTRAL AMERICA,
    and the CARIBBEAN


   NOTE 1:  Visas have already been made available for FY-1995 to the Poland 
   limit (3,850).  At present there are no numbers available for allocation for 
   this category.  Further allocations will be possible only to the extent that 
   numbers already allocated are returned unused and can then be reallocated. 
   When the April DV allocations were initially made, Diversity visa numbers 
   were provided for Poland applicants with lottery rank numbers below 7,459. 
   Applicants for whom numbers were allocated and scheduled for visa interviews
   and sent notification letters by the National Visa Center.  Such scheduled 
   visa interviews are not affected by the unavailability of further 
   allocations,but if final action on such cases is not taken during the month 
   for which a visa number has been allocated, there is no assurance that a 
   further allocation will be possible in the future. 


   NOTE 2:  Visas have already been made available for FY-1995 to the North
   America limit (8).  At present there are no numbers available for allocation
   for this region.  Further allocations will be possible only to the extent 
   that numbers already allocated are returned unused and can then be 
   reallocated. When the April DV allocations were initially made, Diversity 
   visa numbers were provided for North America applicants with lottery rank  
   numbers below 10. Applicants for whom numbers were allocated were scheduled 
   for visa interviews and sent notification letters by the National Visa 
   Center.  Such scheduled visa interviews are not affected by the 
   unavailability of further allocations, but if final action on such cases is 
   not taken during the month for which a visa number has been allocated, there 
   is no assurance that a further allocation will be possible in the future. 


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 Fiscal (visa) Year 
1995 ends as of September 30, 1995, and their lottery registration will confer 
no benefit after that date.

As with earlier lotteries, to permit DV visas to be made available to the 
limits,substantially more persons have been registered than there are visas, 
since many applicants are liable not to pursue their visa case.  

Allocation cut-offs will be established if visa demand is in excess of the 
supplyof visa numbers.  Heavy demand within a particular region or country 
could make necessary the retrogression (backward movement) of a rank cut-off.  
Suchallocation cut-offs and retrogressions are a real possibility for the 
months ahead.  No applicant can take future DV visa availability for granted.  
DV visa numbers could be exhausted even before the end of the fiscal (visa) 
year.  With each passing month, fewer and fewer DV numbers remain.  APPLICANTS 
CANNOT ASSUMETHAT DV VISAS WILL BE AVAILABLE THROUGH SEPTEMBER.   


C.  TRANSITION DIVERSITY (AA-1) CATEGORY FOR NATIVES OF CERTAIN "ADVERSELY 
AFFECTED"_COUNTRIES

Section 217 of the Immigration and Nationality Technical Corrections Act of 
1994(P.L. 103-416) permits the 1,404 AA-1 visa numbers which were unused during 
thethree year (FYs 1992 through 1994) term of that program to be issued in FY-
1995;1,303 of these numbers are reserved for applicants from Ireland 
(includingNorthern Ireland).  Entitlement to these visas is limited

For AA-1 countries other than Ireland (and Northern Ireland), visa recipients 
will be identified from persons who have already been notified of their 
registration for a Diversity (DV-1) visa; there will be no additional 
applicants registered.  Additional registrations are needed to permit use of 
all of the AA-1 visas reserved for Ireland (and Northern Ireland), however.  
Notification lettersfor the additional persons registered for those AA-1 
numbers were mailed duringMarch 1995.

For April, immigrant numbers in the AA-1 category are available to 
qualified applicants as follows:  (If an allocation cut-off number is 
indicated, visas areavailable only for applicants with rank order numbers below 
the specified allocation cut-off.):

AFRICA (eligible countries:  Algeria and Tunisia):   Unavailable (allocation   
has been made to the numerical limit)

ASIA (eligible countries:  Indonesia and Japan):  4,293   

EUROPE (For the 24 AA-1 chargeability areas in Europe, NOT including Ireland 
and  Northern Ireland):  No determination has been made on April AA-1 visa  
availability for this area pending clarification of Poland DV visa  
availability.  For Ireland and Northern Ireland:  Current

SOUTH AMERICA (eligible country:  Argentina):   4,778  

An interim rule for the Fiscal Year 1995 AA-1 program was published in the 
Federal Register on February 8, 1995 (Fed. Reg. Vol. 60, No. 26, 7443-7446). 
AA-1 visa availability for countries other than Ireland (including Northern 
Ireland) will be closely influenced by Diversity (DV) visa availability for the 
various regions and countries.

Since the amount of AA-1 visas is so limited and since the visa numbers could 
be exhausted even before the September 30 end of FY-1995, applicants who intend 
to take advantage of this program must pursue their cases as expeditiously 
as possible.

D.  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 1995

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:

  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 1994:

Immigrant visa workload reports received by the Department of
State from consular posts worldwide show that during FY 1994 a
total of 160,274 immediate relative (IR) visas were issued.  This
total is subject to a net reduction of 69, 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 93,578 immigrants were
granted lawful permanent residence at INS offices in the U.S.
during FY 1994 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 55 children accom-
panying immediate relative parents were admitted under INA 211(a).



     * 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 
  
       immediate relative, and 3) children born to a lawful 
       permanent resident during a temporary visit abroad.


INS admission figures record 1,871 children accorded permanent
resident status after birth abroad to a permanent resident of the
United States.

Employment Preference Number Use for FY 1994:

The employment-based preference limit for FY 1994 was 143,213. 
(Visa Bulletin No. 34, Vol. VII, dated March 8, 1994 provided
information on FY 1994 limitations.)  A total of 112,491 of these
numbers were used for FY 1994 visa issuances or INS adjustments of
status and, as required by INA 203(b)(6), an additional 1,327 were
applied to special immigrants who were issued visas or adjusted
status during fiscal year 1993 under INA 101(a)(27)(K) [certain
U.S. armed forces personnel].  Another 9 were charged for children
admitted under INA 211(a) accompanying parents with employment
preference visas.  There were also 44 employment preference visas
returned unused to consular offices; these numbers were
"recaptured" per INA 206.  Total unused numbers:  143,213 -
(112,491 + 9) - 1,327 + 44 = 29,430.

Calculation of FY 1995 Family-Sponsored Preference Limitation:

  Immediate relative visa issuances during FY 1994:   160,274
  (minus net total of "recaptured" FY 1993 IR visas:     - 69)
  Immediate relative adjustments of status by INS:     93,578
  Children admitted after birth to
        immediate relative visa holders:                   55
  Children admitted after birth abroad
        to lawful permanent residents:                __1,871
  Immediate Relative etc. Total:                      255,709

  FY 1995 worldwide family-sponsored level figure:    480,000
  minus IR etc. total calculated above:              -255,709
  plus unused FY 1994 employment pref. numbers:      +_29,430
  Total:                                              253,721

Thus, for FY 1995 the family-sponsored preference limit is fixed
at:  
                                                      253,721

(Per INA 203(a)(2), the 27,721 numbers above the family preference
minimum of 226,000 are to be added to the second preference.)


     DETERMINATION OF THE EMPLOYMENT PREFERENCE NUMERICAL LIMIT
                            FOR FY 1995

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 1994:

The family-sponsored preference limit for FY 1994 was 226,000. 
(Visa Bulletin No. 34, Vol. VII, dated March 8, 1994 provided
information on FY 1994 limitations.)  A total of 219,672 of these
numbers were used for visa issuances or INS adjustments of status.
 Another 51 were charged for children admitted under INA 211(a)
accompanying parents with family preference visas.  There were
also 226 family preference visas returned unused to consular
offices; the numbers were thus "recaptured" under INA 206.  Total
unused numbers:  226,000 - (219,672 + 51) + 226 = 6,503.

Calculation of FY 1995 Employment-Based Preference Limitation:

  Worldwide Employment-Based Level figure:            140,000
  plus unused FY 1994 family preference numbers:     +__6,503
  Total:                                              146,503

For FY 1995, the employment-based preference limit is fixed at:

                                                      146,503

(The 6,503 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 1,043 special immigrants
who were issued visas or adjusted status during FY 1994 under INA
101(a)(27)(K)[certain U.S. armed forces personnel] will be charged
against the FY 1995 employm



        DETERMINATION OF PER-COUNTRY LIMITATIONS FOR FY 1995

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:           253,721
  Worldwide Employment-Based FY 1994 limit:           146,503
  Total:                                              400,224

  Foreign state limit for FY 1994 (7% of 400,224):     28,016
  Dependent area limit for FY 1994 (2% of 400,224):     8,004


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
1995 is reduced by 1,000 to 27,016, 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 1995 per-country limits must
be reduced to compensate for the special immigrants who were
issued visas or adjusted status during FY 1994 under INA
101(a)(27)(K)[certain U.S. armed forces personnel].  The following
FY 1995 per-country limits will be reduced by the amount specified
to compensate for such immigrants:  Canada 1; Italy 3; Japan 48;
and Philippines 991.  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:  The employment first preference will be reduced by 331,
and each of the second and third preferences will be reduced by
330.


   ANNUAL NUMERICAL LIMIT FOR THE TRANSITION (AA-1) CATEGORY FOR 
         NATIVES OF CERTAIN "ADVERSELY AFFECTED" COUNTRIES

Terms of Law:

Section 132 of the Immigration Act of 1990 provided 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 were 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 were not used in
fiscal years 1992 and 1993, the respective shortfall was to be
added to the number of such visas to be made available in the
succeeding fiscal year.  Section 217 of the Immigration and
Nationality Technical Corrections Act of 1994 (P.L. 103-416)
permits the AA-1 numbers which were unused during the three year
(FYs 1992 through 1994) term of that program to be issued in
FY-1995.


Immigrant Totals for FY 1994:

The FY 1994 limit for this category was 46,918, with 22,555 of
these designated for Ireland.  A total of 45,521 of the numbers
were used for visa issuances or INS adjustments of status. 
However, 7 of the visas were returned unused to consular offices;
those numbers were "recaptured" under INA 206.  Total unused
numbers:  46,918 - 45,521 + 7 = 1,404.  Ireland issuances amounted
to 21,810; 6 Ireland numbers were "recaptured".  Total unused
Ireland numbers:  22,555 - 21,810 + 6 = 751.

Calculation of FY 1995 Numerical Limit Under Section 132:

For FY 1995, the AA-1 numerical limit is fixed at:  
                                                       1,404

Numerical Designation for Ireland for FY 1995:

  Designated minimum of FY 1995 AA-1 lim
        (i.e., 40% of 1,404)                             562
  plus unused FY 1994 Ireland numbers:                +__751
  Total:                                               1,313

Thus, for FY 1995, the share of AA-1 numbers designated for
Ireland is fixed at:  
                                                       1,313 


E.  RECENT_AMENDMENTS_TO_THE_VISA_PORTION_OF_THE_FOREIGN_AFFAIRS_MANUAL_(FAM)

Transmittal Letters VISA-105 dated February 3, 1995, VISA-106 dated February 
17,1995, VISA-107 dated February 21, 1995, and VISA-108 February 24, 1995, 
which updated the visa portion (Vol. 9) of the FAM, are now available.
VISA-105 contains changes to the Regulations and Related Statutory Provisions 
in Part 40 of 9 FAM, Part I to Reflect changes resulting from enactment of the
Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-
416). VISA-106 amends 9 FAM, Parts II Section 41.2 Regulations and Statutes, 
41.61 Statutes, and 41.62 Statutes.  VISA-107 serves as a checklist of valid
Transmittal Letters in 9 FAM, Parts I through III.  VISA-108 amends 9 FAM, Part
II Section 41.24 to add several International Organizations as designated by
Executive Order pursuant to various treaties or under the International
Organization Immunities Act of December 29, 1945.

There is a charge of $7.00 per copy of VISA-105, $3.00 per copy of VISA-106,
$1.50 per copy of VISA-107, and $1.00 per copy of VISA-108.  A check payable to
the Department of State must accompany the order.  These TLs may be obtained
from:

                            Distribution Services (OIS/PS/PR)
                            Room B847 A
                            Department of State
                            Washington, D.C.  20520




OBTAINING_THE_MONTHLY_VISA_BULLETIN:  The Department of State's Bureau of
Consular Affairs now offers the monthly "Visa Bulletin" on the INTERNET.  The
INTERNET address to access the Bulletin is dosfan.lib.uic.edu.  From the gopher
menu, select Travel Information and you will find the Visa Bulletin in the
Bureau of Consular Affairs section.

In addition to the INTERNET, the "Visa Bulletin" can be accessed and downloaded
from the Consular Affairs electronic bulletin board.  Those with a computer and
modem should dial (202) 647-9225.  No password or special software are 
required.

Individuals may also obtain the "Visa Bulletin" by FAX.  From a FAX phone, dial
(202) 647-3000.  Follow the prompts and enter in the code 1038 to have the
Bulletin FAXed to you.

To be placed on the Department of State's Visa Bulletin mailing list, please
write 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.  (Obtaining the Visa Bulletin by mail is a much
slower option than any of the alternatives mentioned above.)



Department of State Publication 9514
CA/VO:March 8, 1995

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