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North Houston Attorneys The Law Offices of Smith & Garg, Attorneys at Law

North Houston Immigration Lawyer

VISA BULLETIN FOR NOVEMBER 2007

A.  STATUTORY NUMBERS
1.  This bulletin summarizes the availability of immigrant numbers during November. 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 October 5th 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. 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.  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
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 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 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.)


Family

All Charge- ability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPPINES

1st 

08DEC01

08DEC01

08DEC01

01JUN92

22JUL92

2A

15DEC02 

15DEC02  

15DEC02 

01MAY02

15DEC02

2B

15SEP98

15SEP98

15SEP98

15MAR92

22DEC96

3rd

01MAR00

01MAR00

01MAR00

08JUN92

01MAR91

4th

22MAY97

08SEP96

22JUN96 

22AUG94

08AUG85

NOTE:  For November, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY02.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAY02 and earlier than 15DEC02. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

 

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born

INDIA

MEXICO

PHILIP-PINES

Employ-ment
-Based

 

 

 

 

 

1st

C

C

C

C

C

2nd

C

01JAN06

01APR04

C

C

3rd

01AUG02

01SEP01

22APR01

22APR01

01AUG02

Other
Workers

01OCT01

01OCT01

01OCT01

01OCT01

01OCT01

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

C

C

C

C

C

Targeted Employ-ment Areas/
Regional Centers

C

C

C

C

C


The Department of State has made available to the public 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.

B.  DIVERSITY IMMIGRANT (DV) CATEGORY
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-2007 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 September, immigrant numbers in the DV category are available to qualified DV-2007 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

6,700

Except: Egypt - 6,000;
Ethiopia - 5,000; Nigeria - 6,300
4,700

ASIA

2,100

 

EUROPE

5,800

 

NORTH AMERICA (BAHAMAS)

2

 

OCEANIA

300

 

SOUTH AMERICA, and the CARIBBEAN

400

 

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-2007 program ends as of September 30, 2007.  DV visas may not be issued to DV-2007 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007.  DV visa availability through the very end of FY-2007 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 OCTOBER For October, immigrant numbers in the DV category will be available for qualified DV-2008 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

10,000

Except: Egypt - 6,000;
Ethiopia - 5,000; Nigeria - 6,300

ASIA

3,500

 

EUROPE

9,200

 

NORTH AMERICA (BAHAMAS)

3

 

OCEANIA

500

 

SOUTH AMERICA, and the CARIBBEAN

700

 

D.  VISA AVAILABILITY IN THE COMING MONTHS
During recent months, the cut-off dates in several of the Worldwide Family preference categories have moved very quickly.  It is expected that such cut-off date movement will continue during the first quarter of fiscal year 2008.   Should the level of demand begin to increase at a significant rate, it may be necessary to slow or stop such movements at some point later in the fiscal year. 

 

Please contact our office to see how we can assist you in obtaining either an immigrant or nonimmigrant visa. Also, please review our website to learn more about our Areas of Practice.

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