ALLEN E KAYE
AVAILABILITY OF IMMIGRANT VISA NUMBERS
FAMILY-SPONSORED CATEGORIES
1st Unmarried Sons and Daughters of United States citizens (F1) 22DEC04
2A Spouses and Unmarried Children of Permanent Residents – (F2A) 08JUN09
2B Unmarried Sons and Daughters
(21 Years of Age or Older) of Permanent Residents (F2B) 15OCT03
3rd Married Sons and Daughters of US Citizens (F3) 01DEC01
4th Brothers and Sisters of AdultUSCitizens (F4) 08 Sep 00
EMPLOYMENT-BASED CATEGORIES
1st Priority Workers (E1) C
2nd Professionals Holding Advanced C
Degrees or Persons of Exceptional Ability (E2) C
3rd Skilled Workers and Professionals (E3) 22FEB06
3rd Other Workers (Unskilled Workers) (EW) 22FEB06
4th Certain Special Immigrants (E4) C
4th Certain Religious Workers (SR) (E4) C C
5th Employment Creation (Investors) (E5) C
5th Employment Creation
(Investors in Targeted Employment Areas) (E5) C
C = Current; Cut-off date The cut-off date for an oversubscribed country is the priority date of the first applicant who could not be reached
U = Unavailable within the statutory limits. Only applicants who have priority dates earlier than the cut-off date may be allocated a number.
FAMILY-SPONSORED PREFERENCES
The first preference (unmarried sons and daughters ofUnited Statescitizens) category moved to December 22, 2004 for all chargeability areas,China(mainland born), and India.Mexicomoved one week to April 22, 1993. ThePhilippinesmoved to May 22, 1997.
The 2A second preference (spouses and unmarried children of permanent residents subject to per-country limit) category moved forward to June 8, 2009 for all chargeability areas,China(mainland born),India, and the Philippines. Mexico moved to May 8, 2009.
The 2B second preference (unmarried sons and daughters, 21 years of age or older, of permanent residents) category moved to October 15, 2003 for all chargeability areas, including China (mainland born) and India. Mexico remained at December 1, 1992. The
Philippines moved to November 1, 2001.
The F3 third preference (married sons and daughters of US citizens) category moved forward to December 1, 2001 for all chargeability areas, China (mainland born), and India. Mexico moved to January 1, 1992. The Philippines moved to July 22, 1992.
The F4 fourth preference (brothers and sisters of adultUScitizens) category moved to September 8, 2000 for all chargeability areas,India and China (mainland born).
Mexicomoved to May 15, 1996. ThePhilippinesmoved to November 1, 1988.
NOTE: ‘Immediate relatives’ (husbands and wives, under 21-years-old unmarried children and parents of US citizens over 21 years of age) are not included in this listing of family-sponsored preferences as they do not need a visa number.
EMPLOYMENT-BASED PREFERENCES
The E1 first preference (priority workers) category remained current for all chargeability areas includingChina(mainland born),India,Mexico, and thePhilippines.
The E2 second preference (professionals holding advanced degrees or persons of exceptional ability) category remained current for all chargeability areas includingMexico, and thePhilippines.China(mainland born) andIndiamoved a year to January 1, 2010.
The E3 third preference (skilled workers and professionals) category moved forward three weeks to February 22, 2006 for all chargeability areas,Mexicoand thePhilippines.China(mainland born) moved to December 1, 2004.Indiamoved to August 15, 2002.
The EW third preference other workers (unskilled workers) category moved three weeks to February 22, 2006 for all chargeability areas,Mexicoand thePhilippines.Indiamoved to August 15, 2002.Chinaremained at April 22, 2003.
The E4 fourth preference (certain special immigrants) category remains current for all chargeability areas,China(mainland born),India,Mexicoand thePhilippines.
The E4 fourth preference (certain religious workers,) category remains current for all chargeability areas andChina(mainland born),India,Mexico, andPhilippines.
The E5 fifth preference – employment creation (investors) category – remains current for all chargeability areas,China(mainland born),India,Mexico, and thePhilippines. The employment creation (investors in targeted employment areas) category remained current for all chargeability areas,China(mainland born),India,Mexico, and thePhilippines. Pilot programs remained current for all chargeability areas,China(mainland born),India,Mexico, and thePhilippines.
NUMERICAL LIMITS
Section 201 of the Immigration and Nationality Act 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 percent of the total annual family-sponsored and employment-based preference limits, ie, 25,620. The dependent area limit is set at 2 percent, or 7,320.
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 percent of the overall second preference limitation, of which 75 percent are exempt from the per-country limit;
B. Unmarried sons and daughters (21 years of age or older): 23 percent of the overall second preference limitation.
EB-2 AVAILABILITY
ChinaandIndia: Reports from US Citizenship and Immigration Services indicate that the rate of new filings for adjustment of status in recent months has been extremely low. This fact has required the continued rapid forward movement of the cut-off date, in an attempt to generate demand and maximize number use under the annual limit. Once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off. Readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility.
Editor’s Note: Allen E Kaye is an attorney who has practiced United States immigration,
naturalization, visa and consular law in New York City for the past 30 years. He
is a graduate of Queens College (CUNY)
Source : India Abroad
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