Most Popular

Business Contracts
Forms
Immigration
Mock Trial

General Business Contracts

Featured Resources And Help With Immigration Visas

Visa Bulletin For June 2012

Visa Bulletin For June 2012

Number 45
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during June. 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 May 8th. 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

22JUN05

22JUN05

22JUN05

15MAY93

01JUL97

F2A

01JAN10

01JAN10

01JAN10

08DEC09

01JAN10

F2B

15APR04

15APR04

15APR04

01JAN92

08DEC01

F3

01APR02

01APR02

01APR02

15JAN93

22JUL92

F4

08JAN01

15DEC00

08JAN01

01JUN96

22JAN89

*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08DEC09. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08DEC09 and earlier than 01JAN10. (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

U

U

C

C

3rd

08JUN06

08AUG05

15SEP02

08JUN06

22MAY06

Other Workers

08JUN06

22APR03

15SEP02

08JUN06

22MAY06

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-2012 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 June, immigrant numbers in the DV category are available to qualified DV-2012 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

CURRENT

ASIA

CURRENT

EUROPE

CURRENT

Except: Uzbekistan 17,050

NORTH AMERICA (BAHAMAS)

CURRENT

OCEANIA

CURRENT

SOUTH AMERICA, and the CARIBBEAN

CURRENT

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-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 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 JULY

For July, immigrant numbers in the DV category are available to qualified DV-2012 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

CURRENT

ASIA

CURRENT

EUROPE

CURRENT

Except: Uzbekistan 17,700

NORTH AMERICA (BAHAMAS)

CURRENT

OCEANIA

CURRENT

SOUTH AMERICA, and the CARIBBEAN

CURRENT

D. CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CATEGORY IS UNAVAILABLE

Despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Such demand is primarily based on cases which had originally been filed with the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third preference category, and are now eligible to be upgraded to Employment Second preference status. The potential amount of such “upgrade” demand is not currently being reported, but it was evident that the continued availability of Employment Second preference numbers for countries other than China and India was being jeopardized. Therefore, it was necessary to make the China and India Employment Second preference category “Unavailable” in early April, and it will remain so for the remainder of FY-2012.

Numbers will once again be available for China and India Employment Second preference cases beginning October 1, 2012 under the FY-2013 annual numerical limitations. Every effort will be made to return the China and India Employment Second preference cut-off date to the May 1, 2010 date which had been reached in April 2012. Readers should be advised that it is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before spring 2013.

USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings during May, based on the originally announced May cut-off date.

E. EMPLOYMENT FIRST AND SECOND PREFERENCE VISA AVAILABILITY

Item F of the May Visa Bulletin (number 44) provided projections regarding visa availability in the coming months. Information received from the USCIS after the publication of that item requires an update in the projections for the Employment First and Second preference categories.

Employment First: Based on the current rate of demand, it may be necessary to establish a cut-off date at the end of the fiscal year in an effort to limit number use within the annual numerical limit.

Employment Second: Based on the current rate of demand, it may be necessary to establish a cut-off date for this category for all countries other than China and India. Such action may be required at any time during the next few months.

Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand patterns experienced in recent months.

F. DIVERSITY VISA LOTTERY 2013 (DV-2013) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2013 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 105,628 applicants have been registered. Applicants may check the status of their entry using the confirmation number through Entrant Status Check on the website www.dvlottery.state.gov. Entrants selected may make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2013 numbers will be used during fiscal year 2013 (October 1, 2012 until September 30, 2013).

Applicants registered for the DV-2013 program were selected at random from 7,941,400 qualified entries (12,577,463 with derivatives) received during the 30-day application period that ran from noon, Eastern Daylight Time on Tuesday, October 4, 2011, until noon, Eastern Daylight Time on Saturday, November 5, 2011. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions provided on the website www.dvlottery.state.gov.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact the USCIS for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2013 will end. Selected applicants who do not receive visas by September 30, 2013 will derive no further benefit from their DV-2013 registration. Similarly, spouses and children accompanying or following to join DV-2013 principal applicants are only entitled to derivative diversity visa status until September 30, 2013.

Dates for the DV-2014 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2014 program should check the Department of State’s Visa web page for more details in September.

* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress

in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2013 program:

AFRICA

ALGERIA 2,161

GABON 38

SAO TOME & PRINCIPE 0

ANGOLA 47

GAMBIA, THE 85

SENEGAL 394

BENIN 809

GHANA 5,105

SEYCHELLES 0

BOTSWANA 18

GUINEA 1,350

SIERRA LEONE 2,516

BURKINA FASO 296

GUINEA-BISSAU 25

SOMALIA 197

BURUNDI 94

KENYA 4,410

SOUTH AFRICA 956

CAMEROON 3,858

LESOTHO 6

SOUTH SUDAN 5

CAPE VERDE 25

LIBERIA 1,916

SUDAN 747

CENTRAL AFRICAN REP. 18

LIBYA 138

SWAZILAND 3

CHAD 28

MADAGASCAR 40

TANZANIA 150

COMOROS 8

MALAWI 29

TOGO 1,065

CONGO 156

MALI 80

TUNISIA 145

CONGO, DEMOCRATIC REPUBLIC OF THE 3,924

MAURITANIA 31

UGANDA 513

COTE D'IVOIRE 805

MAURITIUS 67

ZAMBIA 87

DJIBOUTI 79

MOROCCO 2,068

ZIMBABWE 169

EGYPT 5,015

MOZAMBIQUE 10

EQUATORIAL GUINEA 19

NAMIBIA 21

ERITREA 804

NIGER 53

ETHIOPIA 4,910

NIGERIA 6,218

RWANDA 369

ASIA

AFGHANISTAN 128

ISRAEL 175

OMAN 10

BAHRAIN 15

JAPAN 440

QATAR 24

BHUTAN 4

JORDAN 251

SAUDI ARABIA 287

BRUNEI 8

NORTH KOREA 0

SINGAPORE 31

BURMA 403

KUWAIT 137

SRI LANKA 802

CAMBODIA 986

LAOS 1

SYRIA 170

HONG KONG SPECIAL ADMIN.REGION 92

LEBANON 269

TAIWAN 360

INDONESIA 215

MALAYSIA 67

THAILAND 75

IRAN 6,029

MALDIVES 0

TIMOR-LESTE 1

IRAQ 164

MONGOLIA 167

UNITED ARAB EMIRATES 98

NEPAL 4,370

YEMEN 266

EUROPE

ALBANIA 1,520

GERMANY 1,253

NORTHERN IRELAND 45

ANDORRA 0

GREECE 99

NORWAY 50

ARMENIA 1,174

HUNGARY 246

POLAND 2,038

AUSTRIA 108

ICELAND 38

PORTUGAL 40

AZERBAIJAN 373

IRELAND 138

Macau 2

BELARUS 1,195

ITALY 396

ROMANIA 711

BELGIUM 79

KAZAKHSTAN 533

RUSSIA 2,846

BOSNIA & HERZEGOVINA 54

KOSOVO 183

SAN MARINO 0

BULGARIA 1,299

KYRGYZSTAN 237

SERBIA 303

CROATIA 75

LATVIA 140

SLOVAKIA 100

CYPRUS 10

LIECHTENSTEIN 0

SLOVENIA 5

CZECH REPUBLIC 73

LITHUANIA 248

SPAIN 196

DENMARK 77

LUXEMBOURG 4

SWEDEN 162

Faroe Islands 9

MACEDONIA 262

SWITZERLAND 131

ESTONIA 47

MALTA 4

TAJIKISTAN 330

FINLAND 72

MOLDOVA 1,330

TURKEY 1,807

FRANCE 549

MONACO 3

TURKMENISTAN 94

French Polynesia 11

MONTENEGRO 11

UKRAINE 6,424

New Caledonia 0

NETHERLANDS 109

UZBEKISTAN 5,101

Saint Barthelemy 4

Aruba 8

VATICAN CITY 0

GEORGIA 723

Curacao 7

Sint Maarten 2

NORTH AMERICA

BAHAMAS, THE 16

OCEANIA

AUSTRALIA 1,035

NAURU 14

TONGA 91

Christmas Islands 0

NEW ZEALAND 373

TUVALU 3

Cocos Island 2

Cook Islands 0

VANUATU 5

Norfolk Island 4

Niue 7

WESTERN SAMOA 30

FIJI 597

Tokelau 7

KIRIBATI 5

PALAU 1

MARSHALL ISLANDS 0

PAPUA NEW GUINEA 18

MICRONESIA, FEDERATED STATES OF 1

SAMOA 0

SOLOMON ISLANDS 0

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN

ANTIGUA & BARBUDA 3

DOMINICA 17

SAINT LUCIA 19

ARGENTINA 117

GRENADA 18

VINCENT & THE GRENADINES 14

BARBADOS 5

GUYANA 43

SURINAME 4

BELIZE 22

HONDURAS 90

TRINIDAD & TOBAGO 137

BOLIVIA 74

NICARAGUA 65

URUGUAY 15

CHILE 42

PANAMA 31

VENEZUELA 924

COSTA RICA 63

PARAGUAY 8

CUBA 490

SAINT KITTS & NEVIS 5


Natives of the following countries were not eligible to participate in DV-2013: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

G. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State's Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

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 normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department May 8, 2012