United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
U.S. DEPARTMENT OF STATE
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
A. STATUTORY NUMBERS
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:
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 oversubcribed chargeability areas:
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
Listed born INDIA MEXICO PHILIPPINES
Family
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
Employment-
Based
1st C C C C C
2nd C C C C C
3rd C C C C 01MAY94
Other 01MAR91 01MAR91 01MAR91 01MAR91 01MAR91
Workers
4th C C C C 02DEC93
Certain C C C C 02DEC93
Religious
Workers
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.
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-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,
815.
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.)
C. DV-96 LOTTERY RESULTS
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.
D. NOTE ON FY-96 PREFERENCE IMMIGRANT VISA NUMBER AVAILABILITY
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.
E. RECENT AMENDMENTS TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL
(FAM)
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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