United States Department of State
Bureau of Consular Affairs

VISA BULLETIN

U.S. Department of State
96/01/01 Visa Bulletin Number 58, Volume VII
Bureau of Consular Affairs


                      United States Department of State 
                          Bureau of Consular Affairs
 
Number 58                Volume VII              Washington, D.C. 
 
                   IMMIGRANT NUMBERS FOR JANUARY 1996 
 
A.  STATUTORY NUMBERS. 
 
1.  This bulletin summarizes the availability of immigrant numbers 
during January.  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 December 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 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    29JAN86 
2A*   22AUG92         22AUG92       22AUG92   01MAR92    22AUG92 
2B    01AUG90         01AUG90       01AUG90   01AUG90    01AUG90 
3rd   08MAY93         08MAY93       08MAY93   08AUG87    08JUN84 
4th   08OCT85         08OCT85       15JUN84   15JAN85    15SEP77 
 
*NOTE:  For JANUARY, 2A numbers EXEMPT from per-country limit are 
available to applicants from all countries with priority dates earlier 
than 01MAR92.  2A numbers SUBJECT to per-country limit are available to 
applicants chargeable to all countries EXCEPT MEXICO with priority dates 
beginning 01MAR92 and earlier than 22AUG92.  (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        08JAN94 
 
Certain C                 C           C        C        08JAN94 
Religious Workers 
 
5th     C                 C           C        C            C 
 
Targeted   C              C           C        C            C 
Employment Areas/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 January, immigrant numbers in the DV category are available to 
qualified applicants chargeable to all regions/eligible countries as 
follows.  When an allocation cut-off number is shown, visas are 
available only for applicants with DV regional lottery rank numbers 
BELOW the specified allocation cut-off number: 
 
               All DV Charge- 
               ability Areas 
               Except Those 
Region         Listed Separately 
 
AFRICA         CURRENT 

ASIA           AS 07,481       EXCEPT:  BANGLADESH  AS 04,085 

EUROPE         CURRENT 

NORTH AMERICA  CURRENT 
 (BAHAMAS) 

OCEANIA        CURRENT 

SOUTH AMERICA, CURRENT 
 CENTRAL AMERICA, 
 and the CARIBBEAN 
 
NOTE:  Increased demand for DV numbers by applicants from Asia 
(regional) and Bangladesh (country) has resulted in the establishment of 
the above rank cut-offs.  A rank cut-off will remain in effect for the 
foreseeable future in order to hold issuances within the annual limits 
(regional/country). 
 
For February, a rank cut-off will also be established for Oceania 
(regional), and a cut-off will remain in effect for March. 
 
For March, it will be necessary to establish a rank cut-off forPoland 
(country). 
 
All other areas (other than those mentioned) will stay "Current" for 
February and March.  It remains to be seen if applicant demand will 
increase sufficiently to oversubscribe any other region/country for a 
subsequent month. 
 
C.  RECENT AMENDMENT TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL 
(FAM) 
 
Transmittal Letter VISA-129 dated November 9, 1995, which updates the 
visa portion (Vol. 9) of the FAM, is now available. 
 
VISA-129 amends 9 FAM, Part I, Section 40.21(a) Notes and Procedural 
Notes expanding the information provided in N2.4 and amending N13.4, and 
Section 40.21(b) Notes and Procedural Notes adding N2 and amending N4 
(now N5). 
 
There is a charge of $5.00 per copy of VISA-129.  A check payable to the 
Department of State must accompany the order.  This TL 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 fax 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:December 11, 1995 
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