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Immigration

Visa Bulletin-April, 2016

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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.

A.  APPLICATION FINAL ACTION DATES FOR
     FAMILY-SPONSORED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F122SEP0822SEP08 22SEP0822JAN9501JUL04
F2A22OCT1422OCT1422OCT1422JUL1422OCT14
F2B15JUN0915JUN0915JUN0908SEP95 01APR05
F322NOV0422NOV0422NOV0401OCT9422DEC93
F422JUL0322JUL0322JUL0308APR9701SEP92

*NOTE: For April, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 22JUL14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUL14 and earlier than 22OCT14. (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.)

B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
F101OCT0901OCT0901OCT0901APR9501SEP05
F2A15JUN1515JUN1515JUN1515JUN1515JUN15
F2B15DEC1015DEC1015DEC1001APR9601MAY05
F301AUG0501AUG0501AUG0501MAY9501AUG95
F401MAY0401MAY0401MAY0401JUN9801JAN93

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.

A.  APPLICATION FINAL ACTION DATES FOR
     EMPLOYMENT-BASED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01SEP1208NOV08CC
3rd15FEB1615AUG1308AUG0415FEB1601MAY08
Other Workers15FEB1601MAR0708AUG0415FEB1601MAY08
4thCCCCC
Certain Religious WorkersCCCCC

5th
Non-Regional
Center
(C5 and T5)

C01FEB14CCC

5th
Regional
Center
(I5 and R5)

C01FEB14CCC

*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.

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 
 

Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JUN1301JUL09CC
3rdC01MAY1501JUL05C01JAN10
Other WorkersC01AUG0701JUL05C01JAN10
4thCCCCC
Certain Religious
Workers
CCCCC
5th Non-Regional
Center (C5 and T5)
C01MAY15CCC
5th Regional Center
(I5 and R5)
C01MAY15CCC

6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

ANNOUNCING NVC'S EMPLOYMENT-BASED FIFTH PREFERENCE
     (EB-5) INVESTOR ASSISTANCE DESK

Those with questions related to an approved I-526 petition can now correspond with the National Visa Center (NVC) using a dedicated e-mail address: [email protected]. The newly created EB-5 Investor Assistance Desk is part of NVC's continuing efforts to improve customer service.

Upon receipt of an approved petition from U.S. Citizenship and Immigration Services, NVC's Investor Assistant Desk will oversee the addition of potential derivative applicants and creation of fee bills. Customers will e-mail their derivative's relationship documents to [email protected], which can also be used for inquiries on derivatives, the Child Status Protection Act, and general case status.

The Investor Assistance Desk does not change NVC's process for documentarily qualifying an immigrant visa case and scheduling an interview overseas. All visa applicants, including those in the EB-5 category, should submit their financial, civil, and supporting documents to NVC in one package following the instructions available at: nvc.state.gov/submit. The goal of NVC's Investor Assistance Desk is to provide more transparent and effective customer service through a team specially trained in the I-526 petition.