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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