Visa Bulletin For December 2012


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; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by November 7th. If not all demand could be satisfied, 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. If 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 announced in this bulletin.

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 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. 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.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. 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, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

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.)

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

01DEC05

01DEC05

01DEC05

01JUL93

08OCT97

F2A

22AUG10

22AUG10

22AUG10

01AUG10

22AUG10

F2B

15NOV04

15NOV04

15NOV04

01NOV92

22MAR02

F3

08JUN02

08JUN02

08JUN02

01MAR93

01AUG92

F4

01APR01

01APR01

01APR01

22JUL96

22MAR89

 

*NOTE: For December, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01AUG10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01AUG10 and earlier than 22AUG10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

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 Pub. L. 102-395.

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.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

22OCT07

01SEP04

C

C

3rd

22DEC06

01JUL06

01NOV02

22DEC06

15AUG06

Other Workers

22DEC06

01JUL03

01NOV02

22DEC06

15AUG06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs

C

C

C

C

C

 

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2013 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For December, immigrant numbers in the DV category are available to qualified DV-2013 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:

Region

All DV Chargeability Areas Except Those Listed Separately

 

AFRICA

15,500

Except: Egypt 8,300
Ethiopia 14,800
Nigeria 10,000

ASIA

2,700

 

EUROPE

9,250

 

NORTH AMERICA (BAHAMAS)

2

 

OCEANIA

500

 

SOUTH AMERICA, and the CARIBBEAN

700

 

 

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-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.

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

For January, immigrant numbers in the DV category are available to qualified DV-2013 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:

Region

All DV Chargeability Areas Except Those Listed Separately

 

AFRICA

18,100

Except: Egypt 10,900
Ethiopia 16,700
Nigeria 10,000

ASIA

3,400

 

EUROPE

10,950

 

NORTH AMERICA (BAHAMAS)

2

 

OCEANIA

600

 

SOUTH AMERICA, and the CARIBBEAN

750

 

D. VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (monthly)

Worldwide dates:

F1:

three or four weeks

F2A:

four to six weeks

F2B:

three to five weeks

F3:

one or two weeks

F4:

one or two weeks


EMPLOYMENT-based categories (monthly)

Employment First: Current

Employment Second:

Worldwide: Current
China: five to eight weeks
India: no movement

Employment Third:

Worldwide:

three to five weeks

China:

one to two months

India:

up to two weeks

Mexico:

three to five weeks

Philippines:

one to three weeks


Employment Fourth: Current

Employment Fifth: Current*

*The following advisory is based strictly on the current demand situation. Since demand patterns can (and sometimes do) change over time, this should be considered a worst case scenario at this point.

It appears likely that a cut-off date will need to be established for the China Employment Fifth preference category at some point during second half of fiscal year 2013. Such action would be delayed as long as possible, since while number use may be excessive over a 1 to 5 month period, it could average out to an acceptable level over a longer (e.g., 4 to 9 month) period. This would be the first time a cut-off date has been established in this category, which is why readers are being provided with the maximum amount of advance notice regarding the possibility.

The above projections for the Family and Employment categories are for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a “Current” projection will remain so for the foreseeable future, with the possible exception of the China Employment Fifth preference category mentioned above.

Latest Posts

Categories

  • Corporate Law
  • Tax
  • Immigration
  • Litigation
  • Family Law
  • Class Action
  • Corporate Formation And Formalities
  • Mergers And Acquisition
  • Joint Ventures
  • Employment Law
  • Real Estate
  • Intellectual Property
  • Doing Business In India
  • Entertainment
  • Estate Planning
  • Premarital, Marital And Cohabitation Agreements
  • Divorce And Legal Separation
  • Spousal Support / Alimony
  • Child Custody, Visitation And Parenting Time
  • Child Support
  • Government Contract
  • Corporate Immigration
  • Employment Based Permanent Residence (green Card)
  • H-1b Visas For Temporary Workers
  • Intracompany Transferee Visa (l-1a/l1b)
  • Tn Visas
  • Labor Certification And National Interest Waiver
  • I-9 Compliance
  • O-1 Visa (individuals Of Extraordinary Ability)
  • H-2 Visas
  • B-1 Visa
  • Family-based Immigration
  • Permanent Residence
  • K Visas
  • International Adoption
  • Us Citizenship & Naturalization
  • Investors
  • Eb-5 Green Card
  • Treaty Trader Visa E-1
  • Treaty Investor Visa E-2
  • Students And Work Authorization
  • F-1 Student Visa
  • M-visas
  • Removal Defense
  • Victims Of Crime
  • Vawa
  • U Visas
  • T Visas
  • Other Immigration Categories
  • International
  • Landlord & Tenant
  • Personal Injury
  • Tax Law
  • Overseas Education Consultancy
  • Universal

© 2024 Chugh LLP Affiliate Network. All Rights Reserved