Visa Bulletin - September 2011

Number 36
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during September. 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 August 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. The fiscal year 2011 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 2011 limit for employment-based preference immigrants calculated under INA 201 is 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 for FY-2011.  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 Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 15MAR93 01NOV96
F2A 01DEC08 01DEC08 01DEC08 22SEP08 01DEC08
F2B 01JUL03 01JUL03 01JUL03 01NOV92 22MAR01
F3 22AUG01 22AUG01 22AUG01 22NOV92 15MAY92
F4 15APR00 15APR00 15APR00 22MAR96 08JUL88

*NOTE:  For September, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22SEP08.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22SEP08 and earlier than 01DEC08.  (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 15APR07 15APR07 C C
3rd 22NOV05 15JUL04 08JUL02 22NOV05 22NOV05
Other Workers 01AUG05 22APR03 01JUN02 01AUG05 01AUG05
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-2011 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 September, 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 CURRENT Except: Ethiopia 32,700
ASIA CURRENT  
EUROPE CURRENT Except: Uzbekistan  UNAVAILABLE
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-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 October, 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 8,500

Except: Egypt 5,000
Ethiopia 7,000
Nigeria 7,000

ASIA 8,000  
EUROPE 8,500  
NORTH AMERICA (BAHAMAS) 3  
OCEANIA 300  
SOUTH AMERICA, and the CARIBBEAN 400  

D. DIVERSITY VISA LOTTERY 2012 (DV-2012) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2012 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 100,021 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-2012 numbers will be used during fiscal year 2012 (October 1, 2011 until September 30, 2012).

Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-day application period that ran from noon on October 5, 2010, until noon, November 3, 2010.  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 U.S. 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 2012 will end.  Selected applicants who do not receive visas by September 30, 2012 will derive no further benefit from their DV-2012 registration.  Similarly, spouses and children accompanying or following to join DV-2012 principal applicants are only entitled to derivative diversity visa status until September 30, 2012.

Only participants in the DV-2012 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-2013 lottery if they wish.  The dates for the registration period for the DV-2013 lottery program are expected to be widely publicized at some point during the coming months.

* 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-2012 program: 

AFRICA
ALGERIA 1,799
ANGOLA 42
BENIN 511
BOTSWANA 7
BURKINA FASO 226
BURUNDI 56
CAMEROON 3,374
CAPE VERDE 9
CENTRAL AFRICAN
  REP. 3
CHAD 33
COMOROS 9
CONGO 105
CONGO, DEMOCRATIC
  REPUBLIC OF THE 3,445
COTE D'IVOIRE 553
DJIBOUTI 38
EGYPT 4,664
EQUATORIAL GUINEA 4
ERITREA 670
ETHIOPIA 4,902
GABON 48
GAMBIA, THE 113
GHANA 5,832
GUINEA 899
GUINEA-BISSAU 3
KENYA 4,720
LESOTHO 8
LIBERIA 2,101
LIBYA 136
MADAGASCAR 17
MALAWI 16
MALI 76
MAURITANIA 29
MAURITIUS 59
MOROCCO 1,890
MOZAMBIQUE 13
NAMIBIA 10
NIGER 32
NIGERIA 6,024
RWANDA 333
SAO TOME AND
  PRINCIPE 0
SENEGAL 270
SEYCHELLES 6
SIERRA LEONE 3,397
SOMALIA 175
SOUTH AFRICA 833
SUDAN 757
SWAZILAND 0
TANZANIA 175
TOGO 845
TUNISIA 113
UGANDA 418
ZAMBIA 79
ZIMBABWE 123
 
ASIA
AFGHANISTAN 109
BAHRAIN 29
BANGLADESH 2,373
BHUTAN 5
BRUNEI 0
BURMA 370
CAMBODIA 596
HONG KONG
  SPECIAL ADMIN.
  REGION 54
INDONESIA 256
IRAN 4,453
IRAQ 153
ISRAEL 175
JAPAN 435
JORDAN 152
NORTH KOREA 0
KUWAIT 108
LAOS 1
LEBANON 274
MALAYSIA 118
MALDIVES 0
MONGOLIA 209
NEPAL 3,258
OMAN 11
QATAR 19
SAUDI ARABIA 217
SINGAPORE 45
SRI LANKA 708
SYRIA 160
TAIWAN 391
THAILAND 73
TIMOR-LESTE 9
UNITED ARAB
  EMIRATES 92
YEMEN 149
 

EUROPE

ALBANIA 1,508
ANDORRA 1
ARMENIA 998
AUSTRIA 130
AZERBAIJAN 304
BELARUS 493
BELGIUM 105
BOSNIA &
  HERZEGOVINA 83
BULGARIA 883
CROATIA 107
CYPRUS 26
CZECH REPUBLIC 104
DENMARK 73
ESTONIA 49
FINLAND 91
FRANCE 574
     French Polynesia 7
     New Caledonia 1
GEORGIA 620
GERMANY 1,709
GREECE 105
HUNGARY 325
ICELAND 56
IRELAND 213
ITALY 529
KAZAKHSTAN 434
KOSOVO 137
KYRGYZSTAN 321
LATVIA 83
LIECHTENSTEIN 0
LITHUANIA 258
LUXEMBOURG 8
MACEDONIA 160
MALTA 20
MOLDOVA 1,238
MONACO 3
MONTENEGRO 18
NETHERLANDS 149
     Aruba 4
     Curacao 19
     St. Maarten 2
NORTHERN
  IRELAND 59
NORWAY 84
PORTUGAL 66
     Macau 19
ROMANIA 1,327
RUSSIA 2,353
SAN MARINO 1
SERBIA 298
SLOVAKIA 80
SLOVENIA 16
SPAIN 232
SWEDEN 200
SWITZERLAND 229
TAJIKISTAN 270
TURKEY 3,077
TURKMENISTAN 143
UKRAINE 5,799
UZBEKISTAN 4,800
VATICAN CITY 0
 
NORTH AMERICA
BAHAMAS, THE 15    
 
OCEANIA
AUSTRALIA 900
     Christmas Islands 3
     Cocos Islands 1
FIJI 628
KIRIBATI 14
MARSHALL ISLANDS 4
MICRONESIA,
  FEDERATED
  STATES OF 2
NAURU 5
NEW ZEALAND 309
     Cook Islands 6
     Niue 14
PALAU 5
PAPUA NEW
  GUINEA 0
SAMOA 0
SOLOMON
  ISLANDS 0
TONGA 93
TUVALU 0
VANUATU 8
WESTERN SAMOA 9
 
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND
  BARBUDA 9
ARGENTINA 101
BARBADOS 25
BELIZE 9
BOLIVIA 84
CHILE 43
COSTA RICA 43
CUBA 292
DOMINICA 18
GRENADA 24
GUYANA 26
HONDURAS 80
NICARAGUA 49
PANAMA 21
PARAGUAY 17
SAINT KITTS AND
  NEVIS 7
SAINT LUCIA 4
SAINT VINCENT AND
  THE GRENADINES 16
SURINAME 15
TRINIDAD AND
  TOBAGO 175
URUGUAY 19
VENEZUELA 925

Natives of the following countries were not eligible to participate in DV-2012: Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

E. 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: (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: August 8, 2011

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