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Matthew Kolken on Deportation And Removal

October 2010 Visa Bulletin Released

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Number 25

Volume IX

Washington, D.C.



A. STATUTORY NUMBERS


1. This bulletin summarizes the availability of immigrant numbers during October.
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
September
9th 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 which has been 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. 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 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.)





















































Family All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
1st 15FEB06 15FEB06 15FEB06 15DEC92 01MAR97
2A 01APR10 01APR10 01APR10 01JAN10 01APR10
2B 01APR05 01APR05 01APR05 22JUN92 01SEP02
3rd 01MAY02 01MAY02 01MAY02 22OCT92 01MAR95
4th 01DEC01 01DEC01 01DEC01 08DEC95 01APR91

*NOTE: For October, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN10.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT the MEXICO with priority dates beginning 01JAN10 and earlier than 01APR10.  (All 2A numbers provided for the MEXICO are exempt from
the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)





















































































Employment- Based

All Chargeability Areas Except Those Listed


CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 22MAY06 08MAY06 C C
3rd 08JAN05 08NOV03 15JAN02 22APR01 08JAN05
Other Workers 22MAR03 22MAR03 15JAN02 22APR01 22MAR03
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/ Regional Centers C C C C C
5th Pilot Programs C C C C C

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.


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-2011 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 October,
immigrant numbers in the DV category are available to qualified DV-2011
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
9,000 Except: Egypt  5,550
Ethiopia  7,450
Nigeria 7,450
ASIA
9,000  
EUROPE
9,600  
NORTH AMERICA (BAHAMAS)
1  
OCEANIA
350  
SOUTH AMERICA, and the CARIBBEAN
450  

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-2011 program ends
as of September
30, 2011.  DV visas may not be issued to DV-2011
applicants after that date.  Similarly, spouses and children
accompanying
or following to join DV-2011 principals are only
entitled to derivative DV status until September 30, 2011.  DV visa
availability
through the very end of FY-2011 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 November,
immigrant numbers in the DV category are available to qualified DV-2011
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
12,000 Except: Egypt  9,300
Ethiopia  11,000
Nigeria 10,000
ASIA
10,750  
EUROPE
12,500  
NORTH AMERICA (BAHAMAS)
2  
OCEANIA
650  
SOUTH AMERICA, and the CARIBBEAN
675  

D. OBTAINING THE MONTHLY VISA BULLETIN


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:
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:  (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
CA/VO:September 9, 2010



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