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Visa Bulletin

The Bureau of Consular Affairs within the Department of State controls the allocation of immigrant visa numbers each month. Only individuals with a priority date earlier than the posted cut-off dates for that month are eligible to have their permanent residence applications approved.

July 2008 Bulletin

MANTLEWORKS.COM > NEWS > June 2008

July 2008 Visa Bulletin

June 10, 2008

Employment-Based Priority Dates

Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June.  As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008.  Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.

Family-Based Priority Dates

The demand for numbers under the F2A exempt from per-country category limit remains very heavy. It is anticipated that the annual limit will be reached by the end of June, and as a result the category will become “unavailable” for July. This will only affect the processing of applicants in the Mexico F2A category which will be “unavailable” through the end of the fiscal year. The Mexico F2A cut-off date will return to 01MAY02 in October, the first month of the new fiscal year.

 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.

A Note on Employment-Based Category Calculations

There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April.  Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.  (For example:  If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused.  Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants.  Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date.  As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date.  Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.