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.
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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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