United States Department of State
Bureau of Consular Affairs

VISA BULLETIN

Number 5
Volume VIII
Washington, D.C.

IMMIGRANT NUMBERS FOR MAY 1999

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during May. 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 April 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.

1. 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 employment-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., 25,620. The dependent area limit is set at 2%, or 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 3,000 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: CHINA-mainland born, 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              01JAN98	01JAN98		01JAN98	01AUG93	01AUG87



2A*              01NOV94	01NOV94		01NOV94	01OCT93	01NOV94



2B               15JUN92	15JUN92		15JUN92	22JUL91	15JUN92



3rd              22JUL95	22JUL95		22JUL95	01OCT90	08JUN87



4th              08JUL88	08JUL88		01AUG86	08MAR88	08DEC78

*NOTE: For May, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01OCT93. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01OCT93 and earlier than 01NOV94. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	          All Charge-

	          ability Areas	CHINA-   

	          Except Those	mainland    

	          Listed	born		INDIA	MEXICO	PHILIPPINES



Employment-

  Based



1st                    C	15APR98	   	C	   C	   C   



2nd                    C	01FEB97		22NOV97    C	   C 



3rd                    C	15APR95		01APR96	   C	   C   



  Other             15SEP92	15SEP92		15SEP92	15SEP92	15SEP92

    Workers



4th                    C	   C	   	C	   C	   C



  Certain              C	   C	   	C	   C 	   C   

    Religious				  

    Workers



5th                    C        01SEP98        	C           C	   C 



  Targeted Employ-     C        01SEP98        	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 (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 50,000 immigrant visas each fiscal year to permit 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 3,500 visas (7% of the 50,000 visa limit) may be provided to immigrants from any one country.

For May, immigrant numbers in the DV category are available to qualified DV-99 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              AF 30,351        



  ASIA                AS  8,510	     EXCEPT:  BANGLADESH  AS 7,140



  EUROPE              EU 18,700      EXCEPT:	ALBANIA  EU 13,290



  NORTH AMERICA       NA     24

   (BAHAMAS)



  OCEANIA             OC    845  



  SOUTH AMERICA,      SA  2,460

    CENTRAL AMERICA,

    and the CARIBBEAN

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-99 program ends as of September 30, 1999. DV visas may not be issued to DV-99 applicants after that date. Similarly, spouses and children accompanying or following to join DV-99 principals are only entitled to derivative DV status until September 30, 1999. DV visa availability through the very end of FY-1999 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-99 program have been used, no further issuances will be possible.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE AND JULY

For June, immigrant numbers in the DV category are available to qualified DV-99 applicants chargeable to all regions/eligible countries as follows:

		 All DV Charge-

                 ability Areas

                 Except Those

  Region         Listed Separately



  AFRICA              AF 33,500      



  ASIA                AS 10,000		



  EUROPE              EU 20,460      EXCEPT:	ALBANIA  EU 16,290



  NORTH AMERICA       NA     24

   (BAHAMAS)



  OCEANIA             OC    950  



  SOUTH AMERICA,      SA  2,600

    CENTRAL AMERICA,

    and the CARIBBEAN

For July, immigrant numbers in the DV category are available to qualified DV-99 applicants chargeable to all regions/eligible countries as follows:

		 All DV Charge-

                 ability Areas

                 Except Those

  Region         Listed Separately



  AFRICA              AF 38,180      



  ASIA                AS 11,970		



  EUROPE              EU 22,340      EXCEPT:	ALBANIA  EU 18,900



  NORTH AMERICA       NA     24

   (BAHAMAS)



  OCEANIA             OC  1,012  



  SOUTH AMERICA,      SA  2,850

    CENTRAL AMERICA,

    and the CARIBBEAN

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

The following Transmittal Letters (TLs), which update the visa portion (Vol. 9) of the FAM, are now available:

VISA-185, dated February 26, 1999, which updates Parts 40, 41, 42 and Appendices.
Cost $50.50.

VISA-186, dated March 25, 1999, which updates 41.102 Notes and Appendix N, 300.
Cost $3.75.

VISA-187, dated March 30, 1999, which updates 40.41 Exhibit I; 41.2 Regs/Statutes and Notes; and 41.105 Regs/Statutes. Cost $4.50.

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 offers the monthly Visa Bulletin on the Internet's Worldwide Web. The Internet Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the Visa section which contains the Visa Bulletin.

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 each Bulletin faxed.

(The Department of State also has available a recorded message with visa cut-off dates which can be heard at (202) 663-1541. The recording is updated in the middle of each month with information on cut-off dates for the following month.)

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. 20522-0106

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.)

The Visa Bulletin can also be contacted by e-mail at the following address:

VISABULLETIN@STATE.GOV

(The Visa Bulletin is not distributed by e-mail, however.)

Department of State Publication 9514
CA/VO:April 8, 1999

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