United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
U.S. DEPARTMENT OF STATE
1995 August Visa Bulletin No. 53, Vol. VII
Bureau of Consular Affairs
United States Department of State
Bureau of Consular Affairs
Number 53 Volume VII Washington, D.C.
IMMIGRANT NUMBERS FOR AUGUST 1995
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers
during August. 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 July 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.
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 visas be issued to eligible immigrants in the order in
which a petition in behalf of each has been filed. Section 203(d)
provides that spouses and children of preference immigrants are entitled
to the same status, and the same order of consideration, if accompanying
or following to join the principal. The visa prorating provisions of
Section 202(e) apply to allocations for a foreign state or dependent
area when visa demand exceeds the per-country limit. These provisions
apply at present to the following oversubscribed chargeability areas:
CHINA-mainland born, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES.
5. 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 08JAN86
2A* 15JUN92 15JUN92 15JUN92 15JUN92 22FEB92 15JUN92
2B 22MAY90 22MAY90 22MAY90 22MAY90 22MAY90 22MAY90
3rd 15DEC92 15DEC92 15DEC92 15DEC92 22JUN87 01FEB84
4th 15AUG85 15AUG85 15AUG85 15MAR84 01OCT84 13SEP77
*NOTE: For AUGUST, 2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates earlier
than 22FEB92. 2A numbers SUBJECT to per-country limit are available to
applicants chargeable to all countries EXCEPT MEXICO with priority dates
beginning 22FEB92 and earlier than 15JUN92. (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 01NOV93 C C C 01MAY94
Other 01JAN91 01JAN91 01JAN91 01JAN91 01JAN91 01JAN91
Workers
4th C C C C C 22NOV93
Certain C C C C C 22NOV93
Religious
Workers
5th C C C C C C
Targeted Employment Areas/Regional Centers
C C C C C C
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 August, 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 allocation cut-off number:
All DV Charge-
ability Areas
Except Those
Region Listed Separately
AFRICA AF 19,114 EXCEPT: ETHIOPIA 15,503
NIGERIA 8,126
ASIA AS 05,736 EXCEPT: BANGLADESH AS 05,502
EUROPE Current EXCEPT: POLAND (see note 1 below)
NORTH AMERICA (see note 1 below)
(BAHAMAS)
OCEANIA OC 00,419
SOUTH AMERICA, (see note 2 below)
CENTRAL AMERICA,
and the CARIBBEAN
NOTE 1: Visas have already been made available to the FY-1995
numerical limit for Poland and North America. At present, additional
Poland and North America allocations are unavailable.
NOTE 2: When the August DV allocations were made, no Diversity visa
numbers were available for South America. No South America allocations
were provided for August, therefore.
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. FY-1995 Diversity
visa cases should be brought to completion as soon as possible.
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 reserved for
applicants from Ireland (including Northern Ireland). Entitlement to
these visas is limited to natives of the countries which had earlier
been identified as "adversely affected" for purposes of the "NP-5"
immigrant program established under Section 314 of the Immigration
Reform and Control Act of 1986 (P.L. 99-603). Applicants for these
visas are to be selected from among those who had submitted applications
for Diversity (DV-1) visas during the June 1994 mail-in period.
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 were
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 August, immigrant numbers in the AA-1 category are available to
qualified applicants as follows:
AFRICA (eligible countries: Algeria and Tunisia): Unavailable
(allocation has been made to the numerical limit)
ASIA (eligible countries: Indonesia and Japan): No determination has
yet been made on August AA-1 visa availability.
EUROPE (For the 24 AA-1 chargeability areas in Europe, NOT including
Ireland and Northern Ireland): No determination has yet been made on
August AA-1 visa availability.
For Ireland and Northern Ireland: Current
SOUTH AMERICA (eligible country: Argentina): No determination has yet
been made on August AA-1 visa availability.
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:July 7, 1995
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