A.  STATUTORY NUMBERS

 

1.  This bulletin summarizes the availability of immigrant numbers during September. 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 August 9th. 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. The fiscal year 2012 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 2012 limit for employment-based preference immigrants calculated under INA 201 is 144,951. 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., 25,967 for FY-2012. The dependent area limit is set at 2%, or 7,419.

 

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.)

 

All Charge-

	ability Areas	CHINA-
	Except Those	mainland
Family-	Listed	born	INDIA	MEXICO	PHILIPPINES
Sponsored
F1	01OCT05	01OCT05	01OCT05	08JUN93	08NOV94
F2A	08MAY10	08MAY10	08MAY10	15APR10	08MAY10
F2B	15SEP04	15SEP04	15SEP04	22AUG92	01JAN02
F3	15MAY02	15MAY02	15MAY02	22JAN93	22JUL92
F4	08MAR01	22JAN01	08MAR01	15JUN96	01FEB89

 

*NOTE:   For September, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15APR10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15APR10 and earlier than 08MAY10. 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,