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വിസ ബുള്ളറ്റിന്‍-ഒക്ടോബര്‍, 2018

Published on 26 September, 2018
വിസ ബുള്ളറ്റിന്‍-ഒക്ടോബര്‍, 2018

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.

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F101JUN11
01JUN1101JUN1101AUG9722DEC06
F2A22AUG1622AUG1622AUG1601AUG1622AUG16
F2B22NOV1122NOV1122NOV1115MAY9715MAY07
F315JUN0615JUN0615JUN0622DEC95 08JUN95
F415FEB0515FEB0501MAY0422JAN9808JUN95

22MAR05
22MAR05
22DEC10
01FEB16
01FEB16

*NOTE: For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01AUG16. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01AUG16 and earlier than 22AUG16. All F2A numbers provided for MEXICO are exempt from the per-country limit.

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F108MAR1208MAR1208MAR1208OCT9815FEB08
F2A01DEC1701DEC1701DEC1701DEC1701DEC17
F2B22MAR1422MAR1422MAR1422JUN9715DEC07
F308JAN0708JAN0708JAN0722DEC9801JUN97
F401JUN0501JUN0501JAN0522JUN9808APR96

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.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Employment-
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINESVIETNAM
1st01APR1701JUN1601APR1701JUN1601APR1701APR1701APR17
2ndC01APR15C26MAR09CCC
3rdC01JUN15C01JAN09C01JUN17C
Other WorkersC01MAY07C01JAN09C01JUN17C
4thCC15FEB16C22OCT16CC
Certain Religious WorkersUUUUUUU
5th Non-Regional Center
(C5 and T5)
C15AUG14CCCC01JAN16
5th Regional Center
(I5 and R5)
UUUUUUU

*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.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICO PHILIPPINES 
1st01JUN1801OCT1701JUN1801OCT1701JUN1801JUN18
2ndC15JUN15C22MAY09 CC
3rdC08AUG15C01OCT09C01JUL17
Other WorkersC01JUN08C01OCT09C01JUL17
4thCC01MAY16CCC
Certain Religious WorkersCC01MAY16CCC
5th Non-Regional Center
(C5 and T5)
C01OCT14CCCC
5th Regional Center
(I5 and R5)
C01OCT14CCCC

6.  The Department of State has a recorded message with the Final Action date information which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on final action dates for the following month.

B.  DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF OCTOBER

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-2019 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 October, immigrant numbers in the DV category are available to qualified DV-2019 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:

RegionAll DV Chargeability Areas Except
Those Listed Separately
 
AFRICA2,750Except:  Egypt  1,900
ASIA1,000

Except:  Iran    800
             Nepal  600

EUROPE2,000 
NORTH AMERICA (BAHAMAS) 4 
OCEANIA100 
SOUTH AMERICA,
and the CARIBBEAN
150 

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-2019 program ends as of September 30, 2019. DV visas may not be issued to DV-2019 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2019 principals are only entitled to derivative DV status until September 30, 2019. DV visa availability through the very end of FY-2019 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.  THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN NOVEMBER

For November, immigrant numbers in the DV category are available to qualified DV-2019 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:

RegionAll DV Chargeability Areas Except
Those Listed Separately
 
AFRICA6,400Except: Egypt  4,000
ASIA1,600Except: Iran    1,550
            Nepal  1,100
EUROPE4,400 
NORTH AMERICA (BAHAMAS) 9 
OCEANIA200 
SOUTH AMERICA,
and the CARIBBEAN
355 

D.  SCHEDULED EXPIRATION OF TWO EMPLOYMENT CATEGORIES

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to section 202 of the Consolidated Appropriations Act, 2018 (Public Law 115-141), the non-minister special immigrant program expires on September 30, 2018.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2018. Visas issued prior to this date will only be issued with a validity date of September 29, 2018, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight September 29, 2018.

The final action date for this category has been listed as “Unavailable” for October.  If there is legislative action extending this category for FY-2019, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a February 15, 2016 final action date and Mexico, which would be subject to an October 22, 2016 final action date.  

Employment Fifth Preference Categories (I5 and R5):

Section 204 of the Consolidated Appropriations Act, 2018 (Public Law 115-141) extended this immigrant investor pilot program until September 30, 2018. The I5 and R5 visas may be issued until close of business on September 30, 2018, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after September 30, 2018.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for October.  If there is legislative action extending them for FY-2019, the final action dates would immediately become “Current” for October for all countries except China-mainland born I5 and R5, which would be subject to an August 15, 2014 final action date and Vietnam I5 and R5, which would be subject to a January 1, 2016 final action date.  

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