November 2008 Visa Bulletin

October 15, 2008

Employment-Based Priority Dates

The level of demand being received from Citizenship and Immigration Services (CIS) Offices indicates that they have a significant amount of cases with priority dates that are earlier than the established cut-offs.   This is likely to result in slow forward movement of the cut-off dates for most Employment categories during the next few months.  Sudden changes in the CIS demand patterns could result in fluctuations in the monthly cut-off dates, and retrogressions cannot be ruled out during FY-2009.

Family-Based Priority Dates

For November, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15JUL01.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15JUL01 and earlier than 08FEB04.  (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.)

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.

Diversity Visa Program

The Diversity Visa (DV) lottery opened for DV-2010 entries on October 2, 2008 and ends on December 1, 2008 (noon, EST).  Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.gov during the registration period.  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-2009 program ends as of September 30, 2009.  DV visas may not be issued to DV-2009 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2009 principals are only entitled to derivative DV status until September 30, 2009.  DV visa availability through the very end of FY-2009 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

Fraudulant Diversity Visa Websites

There have been instances of fraudulent websites posing as official U.S. Government sites.  Some companies posing as the U.S. government have sought money in order to “complete” lottery entry forms. (To learn more readers may want to consult the Federal Trade Commission Warning on this type of issue.) Applicants selected in the Diversity Visa random drawing are notified by the Department of State, Kentucky Consular Center by letter, NOT e-mail and are provided instructions on how to proceed to the next step in the process.  No other organization or company is authorized by the Department of State to notify Diversity Visa lottery applicants of their winning entry.  All applicants selected to participate in the DV-2009 program have already been notified.