United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
U.S. Department of State
96/02/01 Visa Bulletin Number 59, Volume VII
Bureau of Consular Affairs
United States Department of State
Bureau of Consular Affairs
Number 59 Volume VII Washington, D.C.
_____________________________________________________________________
IMMIGRANT NUMBERS FOR FEBRUARY 1996
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers
during February. 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 January 17th 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 04FEB86
2A* 15SEP92 15SEP92 15SEP92 08MAR92 15SEP92
2B 15AUG90 15AUG90 15AUG90 15AUG90 15AUG90
3rd 15MAY93 15MAY93 15MAY93 01SEP87 08AUG84
4th 01NOV85 01NOV85 01AUG84 01MAR85 19SEP77
*NOTE: For FEBRUARY, 2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates earlier
than 08MAR92. 2A numbers SUBJECT to per-country limit are available to
applicants chargeable to all countries EXCEPT MEXICO with priority dates
beginning 08MAR92 and earlier than 15SEP92. (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 08MAR94
Certain C C C C 08MAR94
Religious
Workers
5th C C C C C
Targeted Employ- C C C C C
ment 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 February, 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 06,358 EXCEPT: BANGLADESH AS 04,085
EUROPE CURRENT
NORTH AMERICA CURRENT
(BAHAMAS)
OCEANIA OC 00,451
SOUTH AMERICA, CURRENT
CENTRAL AMERICA,
and the CARIBBEAN
NOTE: Increased demand for DV numbers by applicants from Oceania has
made necessary the establishment of the above rank cut-off for February.
For March, it will be necessary to establish a rank cut-off for Poland
(country) because of heavy applicant demand for numbers. For April, it
will also be necessary to establish regional rank cut-offs for Africa
and Europe.
C. CHANGE IN VISA SERVICE AT CONSULAR OFFICE IN NEW ZEALAND
Effective January 1996, the Embassy at Wellington, New Zealand ceased
nonimmigrant visa operations for the general public, except in the A, G,
and J (for USIS-funded programs) categories. These categories will
continue to be issued at Wellington until April 30, 1996. After that
date the Consulate General, Auckland will be the sole visa processing
office in New Zealand.
D. RECENT AMENDMENTS TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL
(FAM)
Transmittal Letter VISA-130 dated November 30, 1995, VISA-131 dated
December 1, 1995, and VISA-132 dated December 18, 1995 which updates the
visa portion (Vol. 9) of the FAM, are now available.
VISA-130 amends 9 FAM, Part II, Section 41.122 Procedural Notes which
have been rewritten reflecting instructions for consular officers
regarding the revocation of nonimmigrant visas. VISA-131 amends 9 FAM,
Part IV, Appendix C regarding documentation requirements and changes in
reciprocity agreements between the United States and Finland, Germany,
Greece, Liberia, Lithuania, Singapore, and South Africa. VISA-132 amends
9 FAM, Part II, Section 41.51 Exhibit I to include Moldova in the
countries having Treaty Trader and Treaty Investor agreements with the
United States.
There is a charge of $1.75 per copy of VISA-130, $4.50 per copy of VISA-
131 and $1.50 per copy of VISA-132. 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
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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
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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
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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:January 17, 1996
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