Visa Bulletin, July, 2019

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.  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 earlier than the final action date listed below.)

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 application 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 application 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 is earlier than the listed date may file their application.

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.  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 earlier than the final action date listed below.)

*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 application 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 application 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 is earlier than the listed date may file their application.

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

FAMILY-SPONSORED SECOND PREFERENCE VISA AVAILABILITY

F2A: This category has become "Current" for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.  

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit.  Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

EMPLOYMENT-BASED FIFTH PREFERENCE VISA AVAILABILITY

As readers were advised might happen in item E of the June Visa Bulletin, India and Vietnam will each reach their per-country annual limit during July.  This has resulted in the Vietnam date being held, and has required the imposition of a July final action date for India.  

For August, both countries will become subject to the same final action date which applies to China-mainland born Employment Fifth preference (E5) applicants, and they will be for the remainder of the fiscal year.

Such action will only be temporary, with the E5 date for each advancing for October, the first month of fiscal year 2020, as follows:

India:  Most likely advancing to the summer or fall of 2017.
Vietnam: Most likely advancing to the fall or early winter of 2016.

G.  VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates: 

   F1:  Up to five weeks 
   F2A: CURRENT
   F2B: Up to six weeks
   F3:  Up to six weeks 
   F4:  Up to one month

EMPLOYMENT-based categories (potential monthly movement)

Employment First: 

WORLDWIDE: Little if any forward movement. Increased demand may require temporary corrective action for September

China: Little if any forward movement

India: No forward movement.  The date will return to February 22, 2017 for October

Employment Second:

Worldwide: Expected to remain Current, but temporary corrective action may be required for September

China: Up to four months

India: Up to one week  

Employment Third:

Worldwide: Expected to remain Current, but temporary corrective action may be required for September

China: Up to several months  

India: Little if any forward movement   

Mexico: Will remain at the Worldwide date

Philippines: Will remain at the Worldwide date

Employment Fourth: Current for most countries

El Salvador, Guatemala, Honduras, and Mexico:  Little if any movement through September.

Employment Fifth: The category will remain “Current” for most countries

China: Too early to predict whether it will be possible to advance the China date prior to October. 

India and Vietnam will be subject to the same date as China during August and September.

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through September.  The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.