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Visa BulletinNumber 96 VISA BULLETIN FOR AUGUST 2006A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 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 2006 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 2006 limit for Employment-based preference immigrants calculated under INA 201 is 143,949. 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., 25,896 for FY-2006. The dependent area limit is set at 2%, or 7,399. 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 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 Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers. 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.)
*NOTE: For August, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier
than 08SEP99. 2A numbers SUBJECT to per-country limit are “Unavailable”.
The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month. Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, 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. Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 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. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 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 reduction has resulted in the DV-2006 annual limit being reduced 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 August, immigrant numbers in the DV category are available to qualified DV-2006 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:
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-2006 program ends as of September 30, 2006. DV visas may not be issued to DV-2006 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2006 principals are only entitled to derivative DV status until September 30, 2006. DV visa availability through the very end of FY-2006 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 SEPTEMBER
D. RETROGRESSION OF FAMILY AND EMPLOYMENT CUT-OFF DATES Worldwide: Family 1st (to 01JAN97) E. IMMIGRANT VISA AVAILABILITY FOR SEPTEMBER F. SCHEDULE A VISA AVAILABILITY DURING FY-2007 The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2007 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 82,000 applicants have been registered and notified and may now 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-2007 numbers will be used during fiscal year 2007 (October 1, 2006 until September 30, 2007). Applicants registered for the DV-2007program were selected at random from over 5.5 million qualified entries received during the 60-day application period that ran from 12:00 AM on October 5, 2005, until midnight, December 4, 2005. 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 in their notification letter and must fully complete the information requested. Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2007 will end. Selected applicants who do not receive visas by September 30, 2007 will derive no further benefit from their DV-2007 registration. Similarly, spouses and children accompanying or following to join DV-2007 principal applicants are only entitled to derivative diversity visa status until September 30, 2007. Only participants in the DV-2007 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2008 lottery if they wish. The dates for the registration period for the DV-2008 lottery program will be widely publicized during August 2006. * 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.
Natives of the following countries were not eligible to participate in DV-2007: Canada, China (mainland-born, excluding Hong
Kong S.A.R., and Taiwan), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines,
Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 143,949 Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2006 the
per-country limit is 25,896. The dependent area annual limit is 2%, or 7,399. 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. 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: 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: (area code 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 of State Publication 9514 |
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