United States Department of State
Bureau of Consular Affairs

VISA BULLETIN

Number 7
Volume VIII
Washington, D.C.

IMMIGRANT NUMBERS FOR JULY 1999

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during July. 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 June 10th 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. The fiscal year 1999 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The fiscal year 1999 limit for employment-based preference immigrants calculated under INA 201 is 160,898. 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., 27,083 for FY-1999. The dependent area limit is set at 2%, or 7,738.

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              01APR98        01APR98    01APR98    08AUG93   01OCT87

2A*              22FEB95        22FEB95    22FEB95    01FEB94   22FEB95

2B               01AUG92        01AUG92    01AUG92    01AUG91   01AUG92

3rd              01AUG95        01AUG95    01AUG95    01FEB91   01AUG87

4th              22JUL88        22JUL88    01OCT86    15MAY88   01MAR79

*NOTE: For July, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22FEB94. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01FEB9493 and earlier than 22FEB95. (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           C          C          C         C   

2nd                    C        01SEP97     01OCT98      C         C 

3rd                    C        15JUL95     01SEP96      C         C   

  Other             01JAN93     01JAN93     01JAN93   01JAN93   01JAN93
    Workers

4th                    C           C           C         C         C

  Certain              C           C           C         C         C   
    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 (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 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 3,850 visas (7% of the 50,000 visa limit) may be provided to immigrants from any one country.

For July, 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 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

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 AUGUST and SEPTEMBER

For August, 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 Current      
  ASIA                AS Current                
  EUROPE              EU 25,100  
  NORTH AMERICA       NA     24
   (BAHAMAS)
  OCEANIA             OC  Current  
  SOUTH AMERICA,      SA  3,071
    CENTRAL AMERICA,
    and the CARIBBEAN

The remainder of the Visa Bulletin has not been completed, pending the receipt of additional information. When the information is available the Bulletin will be updated.

OBTAINING THE MONTHLY VISA BULLETIN: The Department of State's Bureau of Consular Affairs offers the monthly Visa Bulletin on the Internet's World Wide 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:June 10, 1999

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