United States Department of State
Bureau of Consular Affairs

VISA BULLETIN


U.S. Department of State
1995 November Visa Bulletin No. 56, Vol. VII
Bureau of Consular Affairs



                       United States Department of State
                           Bureau of Consular Affairs


Number 56             Volume VII                     Washington, D.C.
=====================================================================

                    IMMIGRANT NUMBERS FOR NOVEMBER 1995


A.  STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers 
during November.  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 October 5th 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 oversubscribed 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     21JAN86

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

2B          08JUN90     08JUN90     08JUN90     08JUN90     08JUN90

3rd         01APR93     01APR93     01APR93     08JUL87     01MAR84 

4th         01SEP85     01SEP85     15APR84     01NOV84     15SEP77


*NOTE:  For NOVEMBER, 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 22JUL92.  (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        08DEC93

  Certain      C           C           C           C        08DEC93
    Religious
    Workers

5th            C           C           C           C           C   

Targeted Employment
  Areas/       C           C           C           C           C
  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 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 November, 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 December as 
well.  For January, a rank cut-off will be established for Asia 
(Regional) and Bangladesh (country) to hold issuances within the limits.  
All other areas will stay "Current" for January.  It remains to be seen 
if applicant demand will increase sufficiently to require 
oversubscription of any region/country for a subsequent month.)



C.  IMMIGRANT NUMBER USE DURING FY-1995, AND NUMERICAL LIMITS FOR FY-
1996

During FY-1995, ALL FAMILY preference numbers provided under the terms 
of INA 201 were used for visa issuances at consular offices or for cases 
processed by the Immigration and Naturalization Service.  EMPLOYMENT 
preference visa demand was significantly below the annual limit under 
INA 201, however.  Preliminary figures for number use in the EMPLOYMENT 
categories are as follows:

   First Preference     17,730
   Second Preference    10,718
   Third Preference     52,131  (10,000 of which for "Other Workers")
   Fourth Preference     5.701  (2,423 of which for "certain religious 
                                 workers")
   Fifth Preference        548
   Employment Total     86,828

ALL 55,000 Diversity (DV) visa numbers were issued, as were the last of 
the Transition Diversity (AA-1) numbers.

For FY-1996, preliminary indications are that the FAMILY preference 
worldwide limit will be about 290,000.  The EMPLOYMENT preference limit 
will be 140,000, and there will be 55,000 Diversity (DV) visa numbers 
also.


D.  CHANGE IN VISA SERVICES AT SEVERAL CONSULAR OFFICES

Effective with the end of September 1995, visa services will no longer 
be provided at the following consular offices:

Equatorial Guinea:  Embassy, Malabo
Germany:  Consulate General, Munich
Japan:  Consulate, Fukuoka and Consulate General, Sapporo  
Western Samoa:  Embassy, Apia


E.  RECENT AMENDMENTS TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL 
(FAM)

Transmittal Letters VISA-121 dated September 1, 1995, VISA-122 dated 
September 5, 1995, VISA-123 dated September 8, 1995, VISA-124 dated 
September 22, 1995, and VISA-125 dated September 25, 1995, which update 
the visa portion (Vol. 9) of the FAM, are now available.

VISA-121 amends 9 FAM, Part II, Section 41.58 Regs/Statutes which 
relates to nonimmigrant visas for religious workers.  VISA-122 amends 9 
FAM, Part III, Section 42.32(d)(1) Regs/Statutes to note the extension 
of the category for immigrant religious workers (other than ministers) 
to September 30, 1997.  VISA-123 announces the redesignated Appendices P 
(U.S. - Canada Free Trade Agreement), Q (Special Agricultural Workers) 
and R (Temporary Resident Aliens), based on the restructuring and 
redesignation system of appendices as described in TL VISA-119.  VISA-
124 amends 9 FAM, Part IV, Appendix C regarding documentation 
requirements and changes in reciprocity agreements between the United 
States and Moldova, Poland and Turkmenistan.  VISA-125 reflects the 
amendment of Section 41.56 Notes due to a change in the final rule.  
VISA-126 amends 9 FAM, Part IV, Appendix C regarding documentation 
requirements and changes in reciprocity agreements between the United 
States and Benin, Burma (Myanmar), and Kenya.

There is a charge of $1.00 per copy of VISA-121, $.50 per copy of VISA-
122, $5.50 per copy of VISA-123, $2.00 per copy of VISA-124, $2.00 per 
copy of VISA-125, and $2.00 per copy of VISA-126.  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 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 or 
to change an address, 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:October 5, 1995
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