United States Department of State
Bureau of Consular Affairs

VISA BULLETIN

U.S. Department of State
95/12/01 Visa Bulletin Number 57, Nolume VII
Bureau of Consular Affairs



               United States Department of State 
                  Bureau of Consular Affairs 
 
 
Number 57      Volume VII                       Washington, D.C. 
________________________________________________________________ 
                 IMMIGRANT NUMBERS FOR DECEMBER 1995 
 
 
A.  STATUTORY NUMBERS 
 
1.  This bulletin summarizes the availability of immigrant numbers 
during December.  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 November 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.  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     24JAN86 
 
2A*       01AUG92     01AUG92     01AUG92     22FEB92     01AUG92 
 
2B        15JUL90     15JUL90     15JUL90     15JUL90     15JUL90 
 
3rd       15APR93     15APR93     15APR93     15JUL87     01MAY84  
 
4th       15SEP85     15SEP85     01MAY84     01DEC84     15SEP77 
 
 
*NOTE:  For DECEMBER, 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 01AUG92.  (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         DIA    EXICO     ILIPPINES 
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        16DEC93 
 
  Certain  C         C           C           C        16DEC93 
  Religious 
  Workers 
 
5th      C           C           C           C           C    
 
  Targeted Employ ment 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 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 December, immigrant numbers in the DV category are available to 
qualified applicants chargeable to all regions/eligible countries on a 
"CURRENT" basis. 
  
 
(NOTE:  For January and February, there will be rank cut-offs for Asia 
(regional) and Bangladesh (country) to hold issuances within the limits. 
For February, a rank cut-off will also be established for Oceania 
(regional).  All other areas will stay "Current" for January and 
February. 
     It remains to be seen if applicant demand will increase 
sufficiently to oversubscribe any other region/country for a subsequent 
month.) 
 
 
C.  PROJECTIONS OF PREFERENCE VISA NUMBER AVAILABILITY FOR THE COMING 
MONTHS 
 
Based on current indications of demand, the Visa Office has made the 
following projections of visa availability for the coming months.  It 
should be noted that variations in demand for visa numbers could slow or 
expedite availability.   
 
Family FIRST preference:  CURRENT for all countries except MEXICO and 
PHILIPPINES, where the combination of heavy applicant demand and the 
annual ceiling under the prorated per-country limit will mean continued 
oversubscription.  The MEXICO date is not expected to advance in the 
foreseeable future.  For PHILIPPINES, the cut-off date is likely to move 
a few days per month.  (NOTE:  Steadily increasing worldwide demand in 
the Family FIRST preference could oversubscribe this category for all 
countries within the year.) 
 
Family SECOND preference: 
 
     (2A) Very slow forward movement in this category is expected during 
the next few months due to heavy applicant demand for visa numbers. 
 
     (2B) This cut-off date is likely to advance about one week per 
month. 
 
Family THIRD preference:  An advance of a couple of weeks per month is 
expected in the worldwide date.  The MEXICO date will move ahead slowly, 
while the PHILIPPINES date should advance several weeks per month. 
 
Family FOURTH preference:  The cut-off date in this category should 
advance up to two weeks per month.  The INDIA and MEXICO dates are 
likely to move a few weeks at a time, but PHILIPPINES will advance no 
more than a few days per month. 
 
Employment FIRST preference:  This category is expected to remain 
CURRENT. 
 
Employment SECOND preference:  The preference is expected to remain 
CURRENT for all countries.  
 
Employment THIRD preference:  This category is expected to remain 
CURRENT for all chargeabilities EXCEPT PHILIPPINES, where little or no 
cut-off date advance is likely in the near future. 
 
"OTHER (UNSKILLED) WORKER" subcategory:  After the rapid advance of this 
cut-off date during the past year, applicant demand for number use, 
particularly for adjustment of status cases at INS offices, has 
increased significantly.  Little or no cut-off advance is likely during 
the next few months. 
 
Employment FOURTH preference:  This category is CURRENT and should 
remain so, except for PHILIPPINES.  Heavy applicant demand for 
PHILIPPINES visa allocations, including those within the "Certain 
Religious Worker" classes, will require a cut-off date indefinitely, 
with slow forward movement consistent with that of the past year.   
 
Employment FIFTH preference:  This category is expected to remain 
CURRENT for all chargeabilities 
 
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.

 
D.  VISA SERVICES AT KIEV, UKRAINE 
 
The American Embassy at Kiev, Ukraine processes only NONIMMIGRANT visas 
other than Fiance (K) visas.  IMMIGRANT and FIANCE (K) visa services for 
residents of Ukraine are provided by the American Embassy at Warsaw, 
Poland.  This information 
is noted because many visa inquiries being received at Kiev concern 
categories which that office does not handle. 
 
 
E.  RECENT AMENDMENTS TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL 
(FAM) 
 
Transmittal Letter VISA-127 dated October 13, 1995, and VISA-128 dated 
October 20, 1995, which update the visa portion (Vol. 9) of the FAM, are 
now available. 
 
VISA-127 amends 9 FAM, Part IV, Appendix C regarding documentation 
requirements and changes in reciprocity agreements between the United 
States and Central African Republic, Congo, Georgia, Korea, Latvia, 
Malaysia, Sudan, Uganda, and Ukraine.  VISA-128 makes changes to Section 
40.1 Notes regarding the expanded definition of the term "aggravated 
felony", and Section 40.4 Note 10.1.  
 
 
There is a charge of $5.50 per copy of VISA-127, and $4.00 per copy of 
VISA-128.  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:November 7, 1995

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