United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
U.S. DEPARTMENT OF STATE
MAY 1995 VISA BULLETIN NUMBER 49, VOLUME VII
BUREAU OF CONSULAR AFFIARS
United States Department of State
Bureau of Consular Affairs
Number 49 Volume VII Washington, D.C.
_______________________________________________________________________________
_
IMMIGRANT NUMBERS FOR MAY 1995
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 1995 limit for family-sponsored preference immigrants
determined in accordance with Section 201 of the Immigration and Nationality
Act (INA) is 253,721. The fiscal year 1995 limit for employment-based
preference immigrants calculated under INA 201 is 146,503. 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.,
28,016 for FY 1995. 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 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.
-2- May 1995
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
preference
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 17DEC85
2A* 01APR92 01APR92 01APR92 01APR92 15FEB92 01APR92
2B 15APR90 15APR90 15APR90 15APR90 15ARP90 01APR90
3rd 08OCT92 08OCT92 08OCT92 08OCT92 15APR87 22OCT83
4th 08JUN85 08JUN85 08JUN85 15OCT83 01MAY84 19AUG77
*NOTE: For MAY, 2A numbers EXEMPT_from_per-country_limit are available to
applicants from all countries with priority dates earlier than 15FEB92. 2A
numbers SUBJECT_to_per-country_limit are available to applicants chargeable to
all countries EXCEPT_MEXICO with priority dates beginning 15FEB92 and earlier
than 01APR92. (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.)
-3- May 1995
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 17JUL93 C C C 15MAR94
Other 01JAN90 01JAN90 01JAN90 01JAN90 01JAN90 01JAN90
Workers
4th C C C C C 08OCT93
Certain C C C C C 08OCT93
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.
-4- May 1995
For May, 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 allo
All DV Charge-
ability Areas
Except Those
Region Listed Separately
AFRICA AF 21,953 EXCEPT: ETHIOPIA 14,695
NIGERIA 17,455
ASIA AS 04,293 EXCEPT: BANGLADESH AS 02,292
EUROPE Current EXCEPT: POLAND (see note 1 below)
NORTH AMERICA (see note 2 below)
(BAHAMAS)
OCEANIA OC 00,564
SOUTH AMERICA, SA 02,536
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 this category.
Further allocations will be possible only to the extent that numbers already
made available are returned unused and can then be reallocated. When the
May DV allocations were initially made, Diversity visa numbers were provided
for Poland applicants with lottery rank numbers below 1,314. 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.
NOTE 2: Visas have already been made available for FY-1995 to the North
America limit (8). At present further North America DV allocations are
"Unavailable".
Some North America numbers made available to consular offices may be
returned unused to the Department of State at the end of the month of
allocation; such numbers would then be available for reallocation. It is
not likely that the amount of such numbers will be very great, however.
For North America DV applicants scheduled for visa interviews at consular
offices abroad through May, visa numbers have already been made available.
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.
-5- May 1995
Allocation cut-offs will be established if visa demand is in excess of the
supply of visa numbers. Heavy demand within a particular region or country
could make necessary the retrogression (backward movement) of a rank cut-off.
Such allocation 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 September, the last month of the
fiscal (visa) year. With each passing month, fewer and fewer DV numbers
remain. APPLICANTS CANNOT ASSUME THAT 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 the three year (FYs 1992 through 1994) term of that program to be issued
in FY-1995; 1,303 of these numbers are re
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 letters for the additional persons registered for those AA-1
numbers were mailed during March 1995.
For May, immigrant numbers in the AA-1 category are available to qualified
applicants as follows: (If an allocation cut-off number is indicated, visas
are available 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 May 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): 2,536
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.
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:April 7, 1995
United States Department of State
Bureau of Consular Affairs
Number 49A Volume VII Washington,
D.C.
_______________________________________________________________________________
_
IMMIGRANT VISA WAITING LIST
IN THE FAMILY-SPONSORED AND EMPLOYMENT-BASED PREFERENCES
AS OF JANUARY l995
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 pet
The Department of State periodically asks consular offices at which immigrant
visa cases are registered as well as the National Visa Center at Portsmouth,
New Hampshire to report the totals of applicants on the waiting list in the
various numerically-limited immigrant categories. (Visa Bulletin No. 36A, Vol.
VII, contained a summary of last year's waiting list count.)
-A2-
The figures below have been compiled from the reports submitted to the
Department in January 1995 and show the number of immigrant visa applicants on
the waiting list in the various preferences and subcategories established under
the Immigration Act of 1990. Provided for comparison are totals prepared
following the January 1994 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 l995 Totals Increase/Decrease
(and % of total January l994 From 1994 Totals
Category ___registrants)____ ___Totals___ (and_%_of_change)
Family Prefs.:
FAMILY FIRST 69,540 ( 1.9%) 63,499 +6,041 (+ 9.5%)
FAMILY SECOND
Spouses/Children: 1,138,544 (30.8%) 1,047,496 +91,048 (+ 8.7%)
Adult Sons/
Daughters: 494,064 (13.4%) 450,579 +43,485 (+ 9.7%)
Pref. Total 1,632,608 (44.2%) 1,498,075 +134,533 (+ 9.0%)
FAMILY THIRD 260,414 ( 7.1%) 257,110 +3,304 (+ 1.3%)
FAMILY_FOURTH______1,592,424_(43.1%)___1,643,463_____-51,039_(-_3.1%)
FAMILY TOTAL 3,554,986 (96.3%) 3,462,147 +92,839 (+ 2.7%)
Employment Prefs.:
EMPL. FIRST 9,361 ( 0.3%) 8,315 +1,046 (+12.6%)
EMPL. SECOND 9,097 ( 0.2%) 11,159 -2,062 (-18.5%)
EMPL. THIRD
Skilled Workers/
Baccalaureate
Degree Holders: 32,560 ( 0.9%) 30,735 +1,825 (+ 5.9%)
Other (i.e.,
Unskilled)
Workers: 78,946 ( 2.1%) 94,348 -15,402 (-16.3%)
Pref. Total 111,506 ( 3.0%) 125,083 -13,577 (-10.9%)
EMPL. FOURTH 7,393 ( 0.2%)* 5,241* +2,152 (+41.1%)
EMPL._FIFTH______________163_(minimal)**_____176**_______-13_(-_7.4%)
EMPL. TOTAL 137,520 ( 3.7%) 149,974 -12,454 (- 8.3%)
GRAND TOTAL 3,692,506 (100.%) 3,612,121 +80,385 (+ 2.2%)
*of which, certain religious workers in the classes established
under the Immigration Act of 1990: 1995: 3,331; 1994: 1,823
**of which, investors in targeted employment areas: 1995: 79;
1994: 76
-A3-
Since the 1994 count, the family-sponsored preference total has increased about
93,000 (2.7%), with the addition concentrated almost entirely in the second
preference. This relatively modest growth in registrations during the past
year contrasts with the nearly half a million increase between the 1992 and
1993 counts. 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 petitioning
peaked in 1992. Nevertheless, even with the more restrained second preference
growth over the past couple of years, that preference is now for the first time
the largest component of the family-sponsored waiting list, surpassing the
fourth (list has just about doubled since 1987.
The employment-sponsored preferences as a group show a decrease. This is not
surprising, since the Labor Department has been reporting a decline in labor
certification filings 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 action on their cases and do not need to spend
an extended period on the waiting list. Although the "other (i.e., unskilled)
worker" category remains substantially oversubscribed, even here the number of
pending cases has declined for the second consecutive year. The nearly six
year interlude from labor certification filing in this category to the
beneficiary's turn for a visa being reached may be discouraging both
prospective employers and intending workers from pursuing such cases.
Immigrant visa issuances during fiscal year 1995 are limited by the terms of
INA 201 to no more than 253,721 in the family-sponsored preferences and to
146,503 in the employment-based preferences.
It should by no means be assumed that once an applicant is registered, the case
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.
-A4-
The sixteen countries/areas with the highest number of waiting list registrants
are listed below; together these represent about 82% of the total. This list
includes all countries with at least 38,700 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 1995 per-country limit is
28,016.)
1995 TOTAL 1994 TOTAL
MEXICO 1,039,706 983,966
PHILIPPINES 564,207 568,552
INDIA 254,333 260,188
CHINA-mainland born 207,489 192,291
VIETNAM 167,051 158,493
DOMINICAN REPUBLIC 111,118 103,139
CHINA-Taiwan born 103,925 113,388
SOUTH KOREA 96,754 108,869
EL SALVADOR 88,108 91,799
HAITI 71,808 68,563
JAMAICA 64,024 64,352
HONG KONG 63,191 62,638
PAKISTAN 59,101 56,946
GUYANA 47,731 46,640
POLAND 44,874 43,023
GUATEMALA 38,700 42,450
All Others 670,386 646,824
Worldwide Total 3,692,506 3,612,121
The greatest country increase in this year's count is reflected in the figure
for Mexico (where the additional registrations are concentrated in the Family
SECOND preference classes for close family members of U.S. residents). The
totals for many countries actually show a small decline. Mexico registrations
alone
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 64,934 ( 1.8%) 4,301 ( 3.1%) 69,235 ( 1.9%)
Asia 1,660,726 (46.7%) 57,651 (41.9%) 1,718,377 (46.5%)
Europe 124,916 ( 3.5%) 14,183 (10.3%) 139,099 ( 3.8%)
N. America* 1,533,347 (43.2%) 45,297 (33.0%) 1,578,644 (42.8%)
Oceania 15,049 ( 0.4%) 636 ( 0.5%) 15,685 ( 0.4%)
S. America __156,014_(_4.4%) _15,452_(11.2%) __171,466_(_4.6%)
Total 3,554,986 (100.%) 137,520 (100.%) 3,692,506 (100.%)
*North America includes Canada, Mexico, Central America and the Caribbean.
-A5-
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 one country
(Philippines) which is oversubscribed on account of its very heavy applicant
demand. Waiting list details are:
Fam. First Percent of
Preference Category
Country/Area ___Total___ Waiting_List
PHILIPPINES 51,842 74.5%
MEXICO 4,021 5.8%
Other Countries 13,677 _19.7%
Total 69,540 100.0%
Under the terms of INA 202(e), immigrant numbers for oversubscribed countries
are prorated among the various preferences. During FY 1995, 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 has advanced only three months during the past
year. The waiting list is already more than 31 times the annual visa limit,
and the considerable demand will assure very slow cut-off date movement as far
as can be foreseen. 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 Philippines applicants, the
naturalization of petitioners can surprisingly have an adverse impact on the
visa case of their adult unmarried sons/daughters. Since under visa prorating
there are more Philippines numbers available for the 2B class (sons/daughters
of non-citizen permanent residents) than for FIRST preference (sons/daughters
of U.S. citizens), the shift of a Philippines case from 2B (where the cut-off
date is more favorable than its FIRST preference counterpart) can result in a
greatly increased delay before the would-be immigrant obtains a visa. Thus,
there is a de facto disincentive toward naturalization for petitioners with
sons/daughters from the Philippines who are waiting for a visa based on that
family relationship.
For other countries, the preference is likely to remain "current" for the near
term, but there is a real prospect of oversubscription within the next few
years, given the nearly half a million Family 2B waiting list. The several
years' interval between 2B petition filing and visa issuance assures that more
and more petitioners will be eligible to naturalize and convert the petitions
to Family FIRST preference long before 2B visas become available. When FIRST
preference demand exceeds the 23,400 annual limit, a worldwide visa
availability cut-off date will need to be established.
Family_SECOND_Preference:
The total Family SECOND preference waiting list figure is 1,632,608. Of these,
1,138,544 (70%) are spouses and children of permanent residents of the United
States (the 2A class), and 494,064 (30%) are adult unmarried sons/dau
-A6-
The worldwide Family SECOND preference limit for FY 1995 is 141,921 plus unused
FIRST preference numbers; 77% of this total are provided to "2A" applicants,
while the remaining 23% go to the "2B" class.
2A: About 115,000 visa numbers are expected to be available to this applicant
class during FY 1995. The countries with the highest 2A waiting list totals
are:
Family 2A Percent of
Preference Category
Country/Area ___Total___ Waiting_List
MEXICO 770,281 67.6%
DOMINICAN REPUBLIC 40,032 3.5%
EL SALVADOR 39,730 3.5%
HAITI 38,562 3.4%
PHILIPPINES 21,984 1.9%
INDIA 18,680 1.6%
GUATEMALA 17,927 1.6%
JAMAICA 13,870 1.2%
PAKISTAN 13,322 1.2%
VIETNAM 13,169 1.2%
Other Countries __150,987 _13.3%
Total 1,138,544 100.0%
The 1990 Act has significantly increased the number of visas for the 2A class
(issuances during FY 1995 will be close to 75% 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 oversubscription 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 about six months, but in view of the
heavy concentration of applicants, even slower movement in the year ahead is
probable.
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. Spouses and
children of legalization beneficiaries are estimated to represent approximately
80% of the 1.1 million 2A applicants. Since persons from Mexico comprised
about three-quarters of the legalization beneficiaries, it is not surprising to
find that Mexico represents so large a part of the 2A waiting list. (Separate
and in addition to the Family 2A category, the Immigration Act of 1990 also
established a transition program under which 142,031 visas were provided to
spouses and children of legalization beneficiaries; this program concluded in
1994.)
Over the next few years, as the petitioners in 2A cases become eligible to
apply for naturalization, many 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. This makes possible,
indeed probable, a major increase in immediate relative visas in coming years,
with a corresponding drop in the Family 2A waiting list. There is no basis at
present to quantify this prospect, however.
-A7-
2B: Visa numbers for this class of adult sons and daughters are expected to
total about 34,500 during FY 1995, about one-quarter fewer than might have been
available under the former terms of the law. The waiting list far exceeds the
annual limit. Applicant totals are:
Preference Category
Country/Area ___Total___ Waiting_List
MEXICO 106,797 21.6%
DOMINICAN REPUBLIC 47,704 9.7%
PHILIPPINES 41,906 8.5%
CHINA-mainland born 23,439 4.7%
EL SALVADOR 22,139 4.5%
HAITI 21,483 4.3%
JAMAICA 21,312 4.3%
INDIA 16,825 3.4%
GUYANA 15,094 3.1%
CHINA-Taiwan born 10,689 2.2%
SOUTH KOREA 10,458 2.1%
Other Countries 156,218 _31.6%
Total 494,064 100.0%
The combination of the reduced numerical limit under the terms of the
Immigration Act of 1990 and the growing applicant demand indicated by the
substantially greater waiting list (up more than 43,000 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 four months
during the past year and the pace of movement is unlikely to increase 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
substantially earlier than the worldwide date. Countries with highest
registrations are:
Fam. Third Percent of
Preference Category
Country/Area ___Total___ Waiting_List
PHILIPPINES 146,905 56.4%
MEXICO 29,770 11.4%
POLAND 13,076 5.0%
Other Countries _70,663 _27.2%
Total 260,414 100.0%
The heavy applicant demand in the Family THIRD preference makes likely a
gradually lengthening wait for a visa in the years ahead.
-A8-
Family_FOURTH_Preference:
Applicants registered in the Family FOURTH preference total 1,592,424. Annual
visa issuances are limited to 65,000. Because of the demand so much in excess
of available visas, the waiting period 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 283,989 17.8%
INDIA 207,263 13.0%
CHINA-mainland born 153,805 9.7%
VIETNAM 134,860 8.5%
MEXICO 121,826 7.7%
CHINA-Taiwan born 86,176 5.4%
SOUTH KOREA 67,316 4.2%
HONG KONG 52,137 3.3%
PAKISTAN 36,987 2.3%
Other Countries __448,065 _28.1%
Total 1,592,424 100.0%
For many years this preference was the largest single element of the visa
registration list. The steadily growing waiting period, now about ten years
for countries of most favorable visa availability and even longer for some
oversubscribed countries, appears to have discouraged new petition filing,
however, and the result has been a relatively constant FOURTH preference
applicant figure in the recent past. This January's preference total, down 3%
from last year, is below the fig
Applicant registrations so much in excess of the annual visa limit assure that
cut-off dates in the preference are likely to continue to move slowly.
Estimated FY 1995 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.
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 every year since the 1990 Act took effect. 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 actual immigrant demand.
-A9-
Employment_FIRST_Preference:
As of January, registrations in this category were 9,361 against a FY 1995
limit of 41,900 (28.6% of 146,503), 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 1994, 21,646 numbers were used in this
preference; FY 1995 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 1,556 (17% of the worldwide total),
followed by Great Britain and Northern Ireland, with 1,067 (11%).
Employment_SECOND_Preference:
The FY 1995 visa limit is 41,900 plus unused numbers from the FIRST preference.
The waiting list as of January 1995 (9,097) is down 18.5% from last year, and
72% from the 32,452 of January 1992. That total consisted primarily of former
third preference cases automatically carried into the category when the 1990
Act took effect. The preference has been "current" 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 two 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 2,593 28.5%
INDIA 1,468 16.1%
Other Countries _5,036 _55.4%
Total 9,097 100.0%
This category is "current" at present for all chargeabilities and is likely to
remain so in the foreseeable future, with total FY 1995 number use expected to
be no more than the 14,517 used in FY 1994.
Employment_THIRD_Preference:
The preference is entitled to 28.6% of the 146,503 FY 1995 Employment numbers,
i.e., 41,900, 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.
-A10-
The Employment T
of all registrations in the preference). This figure is up by 1,825 from last
year's total. 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 7,611 23.4%
CHINA-mainland born 5,229 16.1%
SOUTH KOREA 1,745 5.4%
INDIA 1,438 4.4%
MEXICO 1,341 4.1%
CHINA-Taiwan born 856 2.6%
CANADA 822 2.5%
IRAN 801 2.5%
Other Countries _12,717 _39.0%
Total 32,560 100.0%
The most significant increase is in the CHINA-mainland born chargeability, and
represents to a great extent spouses and children of persons who received
permanent resident status under the Chinese Student Protection Act during 1993
and 1994. Such family members are entitled by law to derivative
following-to-join status in the THIRD preference.
Other Workers: Applicants within this segment of the Employment THIRD
preference amount to 78,946, i.e., 57% of the entire Employment preference
waiting list, and about 71% 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 15,000 (16%) over the past year, perhaps because the long (about six
year) wait for a visa has helped to discourage new cases and has given persons
previously registered time to reconsider their employment and immigration
plans. Countries with the most registrations are:
Empl. Third Percent of
Preference: Waiting List
Other Worker in This
Country/Area _Component_ ___Class____
EL SALVADOR 10,830 13.7%
SOUTH KOREA 8,702 11.0%
TRINIDAD AND TOBAGO 6,919 8.8%
PHILIPPINES 5,638 7.1%
MEXICO 5,010 6.4%
GUATEMALA 3,344 4.2%
JAMAICA 2,663 3.4%
PERU 2,567 3.3%
CHINA-mainland born 2,308 2.9%
Other Countries 30,965 _39.2%
Total 78,946 100.0%
-A11-
The estimated total number use in the Employment THIRD preference during
FY 1995 will probably be about 62,000. 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; continued oversubscription is in prospect for the
foreseeable future. In the China-mainland born charge
spouses and children of Chinese Student Protection Act beneficiaries are likely
to "follow-to-join" the principals in the year ahead; this "extra" visa demand
will assure continued oversubscription of China Employment THIRD preference
numbers and a slow moving visa cut-off date.
In the "Other Worker" subcategory, with visa demand so much in excess of the
annual limit, a significant wait for a visa must be expected to continue for
the indefinite future.
Employment_FOURTH_Preference:
The worldwide FY 1995 visa limit (7.1% of 146,503) is 10,402 in this
preference. Only 7,393 applicants were counted in the January 1995 waiting
list tally, 3,331 of whom in the classes for "certain religious workers"
established under INA 101(a)(27)(C)(ii)(II) and (III).
The preference should remain "current" for applicants from all countries other
than Philippines. Under prorating, the Philippines Employment FOURTH
preference is entitled to 728 numbers for FY 1995 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 1,528 (21% of the
worldwide total). There are likely to be perhaps two to three thousand unused
FOURTH preference numbers, which fall up to Employment FIRST preference.
Employment_FIFTH_Preference:
The FY 1995 limit is 10,401. There are 163 applicants currently registered on
the visa waiting list, 79 of whom are investors in "targeted areas". The four
chargeabilities with the greatest number of registrants (China-Taiwan born:
48, China-mainland born: 25, South Korea: 15, and Hong Kong: 12) together
represent 61% of the waiting list. (As noted above, cases being processed by
INS for adjustment of status are not included in the consular waiting list
count.)
During FY 1994, 464 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.
CA/VO:March 22, 1995
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