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United States Department of State Visa Bulletin for September 2002 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; the Immigration and Naturalization Service reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by August 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, 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. Immediately that 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. 2. The fiscal year 2002 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 2002 limit for employment-based preference immigrants calculated under INA 201 is 142,632. 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., 25,804 for FY-2000. The dependent area limit is set at 2%, or 7,373. 3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows: 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% 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. 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 P.L. 102-395. 4. 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: MEXICO and PHILIPPINES. 5. 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.) Priority Dates for Employment-Based Immigrant Visas
*NOTE: For August, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08JAN95. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JAN95 and earlier than 15JUN97. (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.)
The Department of State has available a recorded message with visa
availability information which can be heard at: (area code 202) 663-1541. This
recording will be updated in the middle of each month with information on
cut-off dates for the following month. All DV Chargeability Areas Except Those Listed Separately
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-2002 program
ends as of September 30, 2002. DV visas may not be issued to DV-2002 applicants
after that date. Similarly, spouses and children accompanying or following to
join DV-2002 principals are only entitled to derivative DV status until
September 30, 2002. DV visa availability through the very end of FY-2002 cannot
be taken for granted. Numbers could be exhausted prior to September 30. Once
all numbers provided by law for the DV-2002 program have been used, no further
issuances will be possible.
D. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANT REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA) The State Department is required to make a determination of the worldwide
numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an
annual basis. These calculations are based in part on data provided by the
Immigration and Naturalization Service (INS) regarding the number of immediate
relative adjustments in the preceding year and the number of aliens paroled into
the United States under Section 212(d)(5) in the second preceding year. Without
this information, it is impossible to make an official determination of the
annual limits. To avoid delays in processing while waiting for the INS data, the
Visa Office based allocations on the minimum annual limits outlined in Section
201 of the INA. E. UNAVAILABILITY OF THE MEXICO F3 CATEGORY It has been necessary to make the Mexico F3 category "Unavailable"
for September to maintain the level of visa issuance within the annual numerical
limit. Visa numbers will become available in this category in October, the first
month of the new fiscal year. The cut-off date for October will be at least
15JUL92. CLICK HERE FOR AUGUST 2002 VISA BULLETIN CLICK HERE FOR JULY 2002 VISA BULLETIN CLICK HERE FOR JUNE 2002 VISA BULLETIN CLICK HERE FOR MAY 2002 VISA BULLETIN CLICK HERE FOR APRIL 2002 VISA BULLETIN
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