United States Department of State
Bureau of Consular Affairs


1995 October Visa Bulletin No. 55, Vol. VII  
Bureau of Consular Affairs  

                     United States Department of State
                        Bureau of Consular Affairs

Number 55               Volume VII                 Washington, D.C.

                    IMMIGRANT NUMBERS FOR OCTOBER 1995


1.  This bulletin summarizes the availability of immigrant numbers 
during October.  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 September 8th 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.  Section 201 of the Immigration and Nationality Act (INA) sets an 
annual minimum family-sponsored preference limit of 226,000.  The 
worldwide level for annual empolyment-based preference immigrants is at 
least 140,000.  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., a minimum of 25,620.  The 
dependent area limit is set at 2%, or a minimum of 7,320.

3.  Section 203 of the INA prescribes preference classes for allotment 
of immigrant visas as follows:


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.


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

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 oversubcribed chargeability areas:  

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.)

         All Charge-
         ability Areas    CHINA- 
         Except Those     mainland 
         Listed           born      INDIA     MEXICO    PHILIPPINES

1st       C           C           C           01APR95     15JAN86

2A*       01JUL92     01JUL92     01JUL92     22FEB92     01JUL92

2B        01JUN90     01JUN90     01JUN90     01JUN90     01JUN90

3rd       01MAR93     01MAR93     01MAR93     08JUL87     01MAR84 

4th       22AUG85     22AUG85     15APR84     01NOV84     15SEP77

*NOTE:  For OCTOBER, 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 01JUL92.  (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  
         Listed           born       INDIA    MEXICO    PHILIPPINES

1st        C           C           C           C           C   

2nd        C           C           C           C           C   

3rd        C           C           C           C        01MAY94

  Other    01MAR91     01MAR91     01MAR91     01MAR91     01MAR91

4th        C           C           C           C        02DEC93

  Certain  C           C           C           C        02DEC93

5th        C           C           C           C           C   

  Targeted Employment Areas/
Regional Centers
           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.


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 

The allotment of FY-1996 visa numbers for each region is as follows:  
Africa, 20,426; Asia, 7,087; Europe, 24,257; North America (Bahamas), 8; 
South America, Central America, and the Caribbean, 2,407; and Oceania, 

For October, immigrant numbers in the DV category are available to 
qualified applicants chargeable to all regions/eligible countries on a 
"CURRENT" basis.

       (NOTE:  All regions/countries will be "Current" for November and
       December as well.  It remains to be seen if applicant demand will
       increase sufficiently to require oversubscription of any 
       region/country for a subsequent month.)


Further to item E in Visa Bulletin No. 54, the total of applicants 
registered for the DV-96 program chargeable to Venezuela is 190.  Two 
persons had been listed for Colombia, which is not a qualified country 
for the DV-96 program; those applicants were actually entitled to 
Venezuela chargeability through spouse and should have been included in 
the Venezuela figure.


INS use of visa numbers, particularly in the Family 2A and the "Other 
Workers" categories, is increasing dramatically in consequence of many 
adjustment of status applications filed under INA 245(i).  In the months 
ahead, INS number use is expected to be very heavy.  As a result, there 
will be limited movement of some preference cut-off dates during FY-96.

Mexico Family First preference is oversubscribed for October and this 
cut-off date is not likely to advance in the foresseable future.

As demand for visa numbers increases, the prospect of cut-off date 
retrogression in certain categories also increases.  Retrogression is 
not likely in the early months of the fiscal (visa) year, but interested 
parties should remain alert to the possibility as the year proceeds.


Transmittal Letters VISA-109A dated August 9, 1995, and VISA-120 dated 
August 25, 1995, which update the visa portion (Vol. 9) of the FAM, are 
now available.

VISA-109A corrects errors which were contained in 9 FAM, Part II, 
Section 41.111 Procedural Notes issued under VISA-109.  VISA-120 updates 
9 FAM, Part I, Section 41.21 Exhibit I, adding four new International 
Organizations designated by Executive Order 12904.

There is a charge of $.75 per copy of VISA-109A, and $1.00 per copy of 
VISA-120.  A check payable to the Department of State must accompany the 
order.  These TLs may be obtained from:

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

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

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:August 8, 1995


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