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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