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Siskind's Immigration Bulletin – February 2015
Published by Greg Siskind, partner at the Immigration Law Offices of Siskind Susser,
P.C., Attorneys at Law; telephone: 800-748-3819, 901-682-6455; facsimile: 800684-1267 or 901-339-9604, e-mail: [email protected], WWW home page:
http://www.visalaw.com.
Siskind Susser serves immigration clients throughout the world from its offices in the
US and its affiliate offices across the world. To schedule a telephone or in-person
consultation with the firm, go to http://www.visalaw.com/consultation/
Editor: Greg Siskind. Associate Editor: Rose Baker. Contributors: Rose Baker, Ari Sauer,
Yvette Sebelist.
To receive a free e-mail subscription to Siskind’s Immigration Bulletin, fill out the
form at http://www.visalaw.com/immigration-resources/bulletin/. To unsubscribe, send
your request to [email protected]
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1. Openers ................................................................................................................ 2
2. ABCs of Immigration: Temporary Protected Status ..................................................... 3
3. AskVisalaw.com ..................................................................................................... 7
4. Border and Enforcement News ................................................................................. 7
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DHS Considers ‘Known-Employer’ Program between U.S. and Canada .................... 7
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President Obama Imposes Travel and Trade Restrictions against North Korea .......... 8
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DHS Extends TPS for Syria ................................................................................ 8
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DHS Extends TPS for El Salvador........................................................................ 8
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DOS Amends Border Crossing Card Fee .............................................................. 9
5. News from the Courts ............................................................................................. 9
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LPR Adoptive Parents with USC Spouses Not Required to Adopt Under Hague
Convention ...................................................................................................... 9
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Court Rules TPS Beneficiaries May Adjust Even With an Uninspected Entry. ............. 9
6. News Bytes .......................................................................................................... 10
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Mexican Immigrants Can Obtain Birth Certificates in U.S. .................................... 10
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DHS Extends Employment Authorization for Syrian F-1 Nonimmigrant Students ..... 10
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USCIS Establishes Haitian Family Reunification Program ..................................... 10
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USCIS Adds New Requirements to Cuban Family Reunification Program ................ 11
7. Updates from the Visalaw.com Blogs ....................................................................... 11
8. State Department Visa Bulletin: February 2015 ........................................................ 11
1. Openers
Dear Readers:
We are now more than two months past the President’s announcement of his executive
actions to address problems in the immigration system. The most controversial measures
were the expansion of 2012’s Deferred Action for Childhood Arrivals program to include
many more people and also the creation of a the new Deferred Action for Parental
Accountability (DAPA) program. The expanded DACA program is set to start by May.
Republicans have not relented in their efforts to derail the two programs, though they have
not yet any major success. In December, immigration hawks pushed the possibility of
preventing a budget bill from being passed and shutting down the government. A bill passed
extending funding for the government for a year and it did not address the President’s
deferred action programs. Instead, the Department of Homeland Security’s budget was
separated and extended until the end of February. The House passed legislation this month
that funded DHS but barred the deferred action programs. But Senate leaders have
informed House leaders that this is not going to pass in the Senate. So it will be very hard
for Republicans to stop the programs in Congress.
Their next best hope is a case that is being argued in a US District Court in Texas. About
two dozen Republican governors have joined together to sue the White House over the
programs and they are seeking an injunction to prevent the President from proceeding with
processing applications. The judge has a history of criticizing the White House over
immigration policy and many believe this court was selected for filing the case precisely
because of the judge’s reputation. The judge heard arguments on the injunction and is likely
to make a ruling in the next few weeks. It is possible the judge will rule for the President
and deny an injunction either because he doesn’t buy the substance of the plaintiffs’
arguments or because he doesn’t believe the states have standing to sue. He could also
issue an injunction stopping the program nationally or in the 25 states that are suing. If he
issues an injunction, the White House will likely ask the 5th Circuit to reverse the injunction.
If that fails, then we would be looking at a delay of many months while the case works its
way through the courts.
We have been expecting two skilled worker fixes based on the President’s remarks to come
in the next few days or weeks. They are a memorandum from USCIS clarifying how L-1B
specialized knowledge worker cases should be adjudicated and a new regulation granting
work authorization documents to some H-4 visa holders. The other major development on
skilled worker immigration was the Department of Homeland Security’s unusual
announcement a few weeks ago in the Federal Register that it was soliciting ideas regarding
“visa modernization.” President Obama mentioned that he would pursue such initiatives and
the public has been given one month to provide feedback. Several major advocacy
organizations have already submitted their suggestions.
*****
We remind readers that we welcome new clients and if you are interested in scheduling an
appointment with one of the firm’s lawyers, please visit our web site at www.visalaw.com
where you can find our contact information.
Regards,
Greg Siskind
*****
2. ABCs of Immigration: Temporary Protected Status
Temporary Protected Status (TPS) is a status available to individuals who are from countries
suffering from armed conflicts, disasters, or other extraordinary conditions. Until 2003, the
Attorney General was empowered to determine which countries were on the TPS list. But
with the 2003 absorption of the former INS into the Department of Homeland Security, that
power has now passed to the DHS Secretary. People with TPS are considered to be in legal
status and can receive work authorization in the US until the situation in their home country
has improved.
Who can declare TPS?
The Secretary of the Department of Homeland Security may grant foreign aliens temporary
protected status, which provides the alien with an “employment authorized” endorsement
for the duration of such status. The White House has the authority to recommend TPS as
well.
Does TPS status affect an alien’s immigration status or vice versa?
If there are any removal procedures underway against aliens of a country on the TPS list,
they should be frozen. Nothing authorizes the Secretary to deny TPS to an individual based
on their immigration status. Furthermore, the individual, upon being granted TPS, is not
required as a condition of such, to relinquish nonimmigrant or other status he or she may
hold.
An application for TPS will have no affect on an application for asylum or any immigration
benefit, nor does denial of an immigration or asylum petition have any bearing on an
application for TPS unless the basis for denial of the immigration or asylum petition is
something that would bar TPS (see below). Being in TPS will not improve one’s chances of
getting permanent residency except to the extent it will toll any period of unlawful status
that might prevent one from qualifying to adjust status (see below). Again, TPS does not
lead to permanent resident status (green card status).
Time spent in TPS status is considered a lawful status for purposes of adjusting to
permanent residence. Note that time before and after TPS is granted which are not lawful
will not be treated the same way.
What qualifies a country for TPS?
To qualify as a TPS nation, the Secretary of the Department of Homeland Security must
assess the conditions in a country and find one of the following conditions:
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There is an ongoing, armed conflict within the country, and as a result of this
conflict, returning to their home country would pose great risk to the personal safety
of nationals of said country.
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There has been an earthquake, flood, drought, epidemic, or other environmental or
natural disaster in the state, resulting in “substantial,” but temporary or reparable,
disruption of the living conditions in the affected area.
A foreign state has officially requested TPS.
There are extraordinary but temporary conditions in the foreign state that prevent
aliens who are nationals of that country from returning, without endangering their
personal safety, UNLESS the Secretary finds that allowing aliens to remain in the US
is “contrary to the national interest of the United States.” (244(b)(1)(C))
For the TPS designation to take effect, the Secretary must publish notice of this
designation, including the findings of their assessment of the foreign state, the date the
designation takes effect, and an estimate of the number of foreign nationals from the state
gaining TPS in the Federal Register.
A list of TPS designated countries is maintained on the USCIS web site
at http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforceddeparture/temporary-protected-status.
How long does TPS remain in effect?
Upon publication of TPS designation, the status shall remain in effect for an initial period
between 6 and 18 months. However, no less than 60 days before TPS is set to expire, the
Secretary of DHS shall review again the conditions in the foreign state and determine
whether the conditions necessary to declare TPS remain in effect. The Secretary then must
publish their new findings in the Federal Register again. If the Secretary finds that the
situation has ameliorated and the conditions necessary to declare TPS no longer exist, they
shall publish this in the Federal Register, and TPS will be revoked no less than 60 days after
such a declaration. If the Secretary finds that conditions continue to warrant TPS for a
foreign state, TPS shall be extended for a period of at least 6 months, but up to 18 months,
at the discretion of the Secretary.
Who is eligible for TPS?
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Foreign nationals whose home country has been declared TPS are eligible. Also,
individuals without nationality who last habitually resided in such a country are
eligible if:
They have been continuously physically present in the United States since the
effective date of the most recent TPS declaration
They have lived continuously in the United States since such a time as the Secretary
of DHS may decide
They are admissible as an immigrant
They register for TPS during a registration period of no less than 180 days
The Secretary may waive immigration barriers when assigning TPS to foreign aliens in an
effort to assure family unity, or when it is in the public’s best interest. However, the
Secretary will not wave immigration barriers if the applicant:
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Has been convicted of a felony or at least two misdemeanors committed within the
United States
Qualifies as a “persecutor” or is otherwise subject to one of the bars to asylum
Is a member of one of several criminal-related or terrorism-related grounds of
inadmissibility (Nazism, Al-Qaeda, etc.)
How does one apply for TPS?
Applicants must submit the following:
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Form I-821, Application for Temporary Protected Status
Form I-765, Application for Employment Authorization
Identity and Nationality Evidence
Date of Entry Evidence
Continuously Residing (CR) Evidence
Official translations of relevant documents, if necessary
Form I-601, Application for Waiver of Grounds of Inadmissibility, if applicable
Application fees
Note that USCIS reserves the right to request submission of original documents at a later
time.
What documents can be used to prove identity and nationality?
There are three tiers of identity and nationality documentation.
1. Primary Evidence:
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Copy of passport
Copy of birth certificate AND photo identification
Any national identity document bearing the applicant’s photograph and/or fingerprint
hat has been issued by the country, including such documents issued by the
country’s Embassy or Consulate in the United States (e.g. national ID card,
naturalization certificate)
2. No Primary Evidence:
Applicants lacking the items listed under primary evidence can submit an affidavit with:
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Proof of unsuccessful efforts to obtain primary evidence
A thorough explanation as to why the consular process was unavailable, and
affirmation of foreign national status
USCIS will conduct a follow-up interview regarding the applicant’s identity and nationality.
At that time, applicants may submit additional evidence if available.
3. Secondary Evidence:
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Nationality documentation, such as a naturalization certificate, even if it lacks a
photograph and/or fingerprint
Baptismal certificates indicating individual nationality or the nationality of a parent
Copies of school or medical records
Copies of other immigration documents that reference nationality and identity
Affidavits from friends or family members who have close personal knowledge of the
date and place of the individual’s birth and his or her parents' nationality. The person
making the affidavit should include as much information about their relationship with
the applicant as possible
What documents can be used to prove date of entry into the United States?
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Copy of passport
I-94 Arrival/Departure Record
Copies of any documents specified in the ‘Continuous Residing Evidence’ section
below
What documents can be used to prove residence in the United States?
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Employment Records
Rent receipts, utility bills, receipts, or letters from companies
School records from the schools the applicant or the applicant’s children have
attended in the U.S.
Hospital or medical records concerning treatment or hospitalization the applicant or
the applicant’s children
Attestations by church, union, or other organization officials who know the applicant
and where he or she has been residing
Where is the application submitted?
The filing address for the TPS package varies from nationality to nationality. Applicants
should consult the Federal Register notice announcing the particular country’s TPS in order
to see where to file or the USCIS web page noted above.
How can a person’s TPS status be withdrawn?
The Secretary may withdraw TPS if:
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The individual is found to be ineligible for TPS
The individual has not remained continuously physically present in the United States
since the date TPS was granted (with the exception of emergencies and unintentional
absences).
The individual fails to register with the Secretary of DHS annually (barring some
outstanding obstacle)
What if a person wants to travel?
Individuals granted TPS must apply for travel authorization in the form of an advance parole
document on Form I-131. The travel document will have an expiration date no later than
the period the applicant’s country is designated for TPS.
What if an applicant’s address changes after being granted TPS?
Notify USCIS immediately at http://www.uscis.gov/addresschange.
*****
3. AskVisalaw.com
In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law
questions sent in by our readers. If you enjoy reading this section, we encourage you to
visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your
immigration questions. You can also follow The Immigration Answer Man on Facebook and
Twitter.
If you have a question on immigration matters, write [email protected]. We can’t
answer every question, but if you ask a short question that can be answered concisely, we’ll
consider it for publication. Remember, these questions are only intended to provide general
information. You should consult with your own attorney before acting on information you
see here.
***
1) QUESTION: If I am a permanent resident of the U.S. can I get a U.S. passport to
go home for a visit to Germany for 10 days? I have been here for 20 years and my
card expires in 2017 and I plan on getting my citizenship.
ANSWER: US permanent residents do not get US passports. They travel with their green
card and the passport of their country of citizenship. You may be eligible for a reentry
permit which will provide evidence that the US will re-admit you.
2) QUESTION: My wife filed an I-130 petition. I don't qualify for adjustment of
status inside the U.S., so what are some choices I can make? My uncle petitioned
for my father in 2001. Can I apply for deferred action to help me qualify for
adjustment of status without leaving?
ANSWER: If you were under 21 years of age and single when your uncle filed a visa
petition for your father, you may be eligible to apply for adjustment of status under 245(i).
Depending on how you entered the US you may be eligible to apply for adjustment of status
as the spouse of a US citizen without needing to be eligible under 245(i), and you may be
eligible for DACA which might allow for a travel document which would provide options. If
none of these are an option then you might be eligible to apply for the I-601A waiver.
*****
4. Border and Enforcement News
DHS Considers ‘Known-Employer’ Program between U.S. and Canada
DHS is considering implementing a Known-Employer program that will allow for a faster and
easier immigration process for U.S. employers seeking to hire Canadian nationals. USCIS,
CBP, and ICE would work cooperatively to implement the program by late 2015. As part of
the U.S. and Canada Beyond the Border initiative and the North American Free Trade
Agreement, the program is intended to facilitate a healthy business relationship between
the U.S. and Canada by reducing processing times and application costs for employmentbased immigration benefit requests filed by U.S. employers for Canadian hires.
http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2015/01/15
/dhs-to-consider-39-known-employer-39-program-for-canadian-business-travellers.aspx
*****
President Obama Imposes Travel and Trade Restrictions against North Korea
Following the attack on Sony and subsequent terrorist threats, President Obama signed an
executive order imposing immigration restrictions and economic sanctions against North
Korea. The order suspends unrestricted immigrant and nonimmigrant entry into the US for
any North Korean government official, any member of the Worker’s Party, and any person
deemed to be controlled by or working on behalf of the North Korean government. The
order also strengthens pre-existing embargoes against North Korea, banning trade with any
individual associated with the North Korean government or Worker’s Party.
http://www.whitehouse.gov/the-press-office/2015/01/02/executive-order-imposingadditional-sanctions-respect-north-korea
*****
DHS Extends TPS for Syria
Due to civil unrest in Syria, Secretary of Homeland Security Jeh Johnson extended
Temporary Protected Status for Syria an additional 18 months - effective April 1, 2015
through September 30, 2015. Current Syrian TPS beneficiaries who wish to extend their
protected status must re-register between January 5, 2015 and March 6, 2015. First time
applicants must submit their applications before July 6, 2015.
Current TPS Syrian Employment Authorization Documents (EADs) with an expiration date of
March 31, 2015 are now valid until September 30, 2015. Eligible Syrian TPS beneficiaries
who request new employment authorization will receive an EAD with an expiration date of
September 30, 2016.
More information is available on the USCIS website:
http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforceddeparture/tps-designated-country-syria/temporary-protected-status-designated-countrysyria
*****
DHS Extends TPS for El Salvador
Secretary of Homeland Security Jeh Johnson extended Temporary Protected Status for
nationals of El Salvador - effective March 10, 2015 through September 9, 2015. Current
Salvadorian TPS beneficiaries who wish to extend their TPS status must re-register between
January 7, 2015 and March 9, 2015.
Current TPS Salvadoran EADs with an expiration date of March 9, 2015 are now valid until
September 9, 2015. Eligible Salvadoran TPS beneficiaries who request new employment
authorization will receive an EAD with an expiration date of September 9, 2016.
More information is available on the USCIS website:
http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforceddeparture/tps-designated-country-el-salvador/temporary-protected-status-designatedcountry-el-salvador
*****
DOS Amends Border Crossing Card Fee
The Department of State amended the reduced Border Crossing Card (BCC) fee paid by
Mexican citizens under 15 years of age whose parent or guardian applies for a border
crossing card. The Afghan Allies Extension Act of 2014 added a $1 surcharge for Machine
Readable Visa (MRV) and BCC application processing. Effective January 1, 2015, the same
$1 surcharge will apply to reduced BCC applications, raising the total price to $17.
http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2014/12/31/d
os-final-rule-visa-fee-change.aspx
*****
5. News from the Courts
LPR Adoptive Parents with USC Spouses Not Required to Adopt Under Hague
Convention
The Board of Immigration Appeals upheld a decision that offers multiple adoption routes for
lawful permanent residents (LPRs) with U.S. citizen spouses. Couples comprised of an LPR
and a U.S. citizen spouse may adopt under the Hague Convention or by filing an I-130
through the LPR spouse. The LPR parent is not required to adopt under the Hague
Convention even if they are married to a U.S. citizen.
http://immigration-naturalization-law.com/immigration-news/bia-holds-hague-conventionapply-lpr-petitioning-adopted-child/
*****
Court Rules TPS Beneficiaries May Adjust Even With an Uninspected Entry.
According to a decision made by U.S. District Court for the Eastern District of Pennsylvania,
certain TPS beneficiaries - those who are eligible for an immigrant visa and have an
immigrant visa independently available to them through immediate family - may apply for
Adjustment of Status regardless of having entered the U.S. without inspection. Rather than
returning to their home countries on advanced parole and re-entering the U.S., eligible TPS
beneficiaries with a USC spouse or USC children over 21 may apply for Adjustment of Status
from within the U.S.
http://www.ca6.uscourts.gov/opinions.pdf/13a0157p-06.pdf
*****
6. News Bytes
Mexican Immigrants Can Obtain Birth Certificates in U.S.
Mexico is now allowing its citizens to request birth certificates at Mexican consulates in the
U.S. Before the policy change, Mexican citizens were required travel to Mexico or contact
family in Mexico to request the records on their behalf. Now Mexican citizens may request
their own records without extensive travel delays or risk of losing materials in the mail. This
change in policy will make it easier for Mexican immigrants to apply for U.S. work permits
and driver’s licenses, but Republicans worry that the policy – in addition to the roughly 3
million deportation deferrals made possible by President Obama’s recent immigration action
– will encourage an increase in illegal border activity.
http://abcnews.go.com/International/wireStory/immigrants-now-mexican-birth-certificatesus-28252142
*****
DHS Extends Employment Authorization for Syrian F-1 Nonimmigrant Students
Department of Homeland Security extended the effective date of an earlier notice which
suspends certain employment authorization requirements for Syrian F-1 nonimmigrant
students experiencing financial hardship directly related to civil unrest in Syria. The 18
month extension - effective March 31, 2015 through September 30, 2016 – will allow those
students to maintain F-1 status while working more hours per week and reducing academic
course loads.
*****
USCIS Establishes Haitian Family Reunification Program
On February 2nd, the National Visa Center will begin sending notices to eligible petitioners
inviting them to apply for the Haitian Family Reunification Program (HFRP). HFRP will allow
certain Haitian family members of U.S. citizens and lawful permanent residents to
immigrate safely and legally to the U.S. in order to reunite with their families.
Under the program guidelines, certain Haitian beneficiaries of family-based visa petitions
approved on or before December 28, 2014 may be paroled into the U.S. up to two years
before their priority dates become current. Once in the U.S., the beneficiaries will be eligible
to apply for work permits while they wait for their immigrant visas to become available.
With an immigrant visa they may then apply for lawful permanent resident status.
Once USCIS begins accepting applications, eligible applicants will submit Form I-131,
Application for Travel Document as well as the required fee or fee waiver request.
*****
USCIS Adds New Requirements to Cuban Family Reunification Program
On December 18, 2014, USCIS announced that applicants to the Cuban Family Reunification
Program (CFRP) will now be required to submit form I-131, Application for Travel Document
and a required fee or fee waiver request. Cases already in process before December 18,
2014 will not be subject to the new filing requirements. Additionally, petitioners who
received an eligibility notice from the NVC before December 18, 2014 and who submit
complete applications to the CFRP program before February 17, 2015 will not be required to
submit Form I-131 or the associated fee.
*****
7. Updates from the Visalaw.com Blogs
Greg Siskind’s Blog on ILW.com
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Ideas for Visa Modernization?
Siskind’s Immigration Bulletin is out
Visalaw.com Starts Third Decade
Siskind Summary: The I-Squared Act of 2015
Immigrant of the Day: Felicity Jones – Actress
Satire: State Department Awards Visas to 1000 Dead Afghan Interpreters
The Connection Between the Civil Rights Movement and Immigration Reform
Steve King Insults DACA Guest at State of the Union
Majority of Americans Support President’s Executive Actions
House Committee Approves Border Security Bill
Immigrant of the Day: Marc Gasol
Steve King – Your Weekend Entertainment
Rick Santorum Flirting With “Amnesty” Option?
It Can’t Not Happen
Immigrant of the Day: Jesse Baltazar – War Hero
Bruce Buchanan's Blog on ILW.com
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Pool Company Owner Jailed, Fined $78K for Hiring Unauthorized Workers
OCAHO Rejects Most of Dentist’s Defenses
OSC Settles Immigration Claim Against USSI for $182,000
OCAHO Slashes Company’s Alleged I-9 Violations
*****
8. State Department Visa Bulletin: February 2015
February Visa Bulletin Summary:
Family 1st - World numbers, China and India advanced 2 weeks to 22 July 2007; Mexico
moved forward 2 weeks 2 days to 01 October 1994; the Philippines moved forward 2 weeks
3 days to 08 January 2005.
Family 2A – China, India, and the Philippines advanced 3 weeks 2 days to 08 May 2013;
Mexico advanced 2 months to 22 April 2013.
Family 2B - World numbers, China and India moved forward 1 month 3 weeks to 22 May
2008; Mexico progressed 1 month 2 weeks to 15 December 1994; the Philippines moved
forward 3 weeks to 22 February 2004.
Family 3rd – World numbers, China and India advanced 1 week 3 days to 01 January 2004;
Mexico progressed 1 month to 15 January 1994; the Philippines moved forward 1 week to
15 July 1993.
Family 4th – World numbers, China and India advanced 3 weeks 3 days to 15 April 2002;
Mexico advanced 1 month to 22 April 1997; the Philippines advanced 3 weeks 3 days to 08
August 1991.
Employment 1st – Still current in all categories.
Employment 2nd – World numbers, China advanced 1 month 2 weeks to 15 March 2010;
India advanced 6 months 2 weeks 3 days to 01 September 2005; Mexico and the Philippines
are still current.
Employment 3rd – World numbers, China advanced 6 months to 01 September 2011; India
advanced 1 week to 22 December 2003; Mexico and the Philippines moved forward 7
months to 01 January 2014.
Other Workers – World numbers, China advanced 3 weeks 3 days to 15 August 2005; India
advanced 1 week to 22 December 2003; Mexico and the Philippines moved forward 7
months to 01 January 2014.
Employment 4th – Still current in all categories.
Certain Religious Workers – Still current in all categories.
Employment 5th – Still current in all categories.
Number 77
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during February.
Consular officers are required to report to the Department of State documentarily qualified
applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the
Department of Homeland Security reports applicants for adjustment of status. Allocations
were made, to the extent possible, in chronological order of reported priority dates, for
demand received by January 9th. If not all demand could be satisfied, 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. If 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 announced
in this bulletin. If at any time an annual limit were reached, it would be necessary to
immediately make the preference category "unavailable", and no further requests for
numbers would be honored.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum
family-sponsored preference limit of 226,000. The worldwide level for annual employmentbased preference immigrants is at least 140,000. Section 202 prescribes that the percountry limit for preference immigrants is set at 7% of the total annual family-sponsored
and employment-based preference limits, i.e., 25,620. The dependent area limit is set at
2%, or 7,320.
3. 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: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Familysponsored immigrant visas as follows:
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.
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.)
FamilySponsored
All Chargeability
Areas Except Those
Listed
CHINAmainland
born
INDIA
MEXICO
PHILIPPINES
F1
22JUL07
22JUL07
22JUL07
01OCT94
08JAN05
F2A
08MAY13
08MAY13
08MAY13
22APR13
08MAY13
F2B
22MAY08
22MAY08
22MAY08
15DEC94
22FEB04
F3
01JAN04
01JAN04
01JAN04
15JAN94
15JUL93
F4
15APR02
15APR02
15APR02
22APR97
08AUG91
*NOTE: For February, F2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 22APR13. F2A
numbers SUBJECT to per-country limit are available to applicants chargeable to all
countries EXCEPT MEXICO with priority dates beginning 22APR13 and earlier than
08MAY13. (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.)
5. Section 203(b) of the INA prescribes preference classes for allotment of Employmentbased 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.
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.)
EmploymentBased
All Chargeability
Areas Except
Those Listed
CHINA mainland
born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
15MAR10
01SEP05
C
C
3rd
01JAN14
01SEP11
22DEC03
01JAN14
01JAN14
Other Workers
01JAN14
15AUG05
22DEC03
01JAN14
01JAN14
4th
C
C
C
C
C
Certain Religious
Workers
C
C
C
C
C
5th
Targeted
EmploymentAreas/
Regional Centers
and Pilot Programs
C
C
C
C
C
*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.
6. The Department of State has a recorded message with the cut-off 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 cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH
OF FEBRUARY
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit
additional immigration opportunities for persons from countries with low admissions during
the previous five years. The NACARA stipulates that beginning with DV-99, and for as long
as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made
available for use under the NACARA program. This resulted in reduction of the DV-2015
annual limit to 50,000. DV visas are divided among six geographic regions. No one
country can receive more than seven percent of the available diversity visas in any one
year.
For February, immigrant numbers in the DV category are available to qualified DV-2015
applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off
number is shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
Region
AFRICA
All DV Chargeability Areas
Except Those Listed
Separately
26,000
Except:
Egypt: 12,000
Ethiopia: 15,500
ASIA
EUROPE
NORTH AMERICA
(BAHAMAS)
3,825
20,500
5
OCEANIA
775
SOUTH
AMERICA,
and the
CARIBBEAN
875
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-2015 program ends as of September 30, 2015. DV visas
may not be issued to DV-2015 applicants after that date. Similarly, spouses and children
accompanying or following to join DV-2015 principals are only entitled to derivative DV
status until September 30, 2015. DV visa availability through the very end of
FY-2015 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS
WHICH WILL APPLY IN MARCH
For March, immigrant numbers in the DV category are available to qualified DV-2015
applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off
number is shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
Region
AFRICA
ASIA
EUROPE
NORTH AMERICA
(BAHAMAS)
All DV Chargeability Areas
Except Those Listed
Separately
27,800
4,300
24,000
6
Except:
Egypt:
15,700
Ethiopia: 18,900
OCEANIA
875
SOUTH
AMERICA,
and the
CARIBBEAN
925
D. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Up to three weeks
F2A: Three or four weeks
F2B: Three to six weeks
F3: Up to three weeks
F4: Two to four weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second:
Worldwide: Current
China:
Three to six weeks
India:
Four to six months
Employment Third:
Worldwide: Rapid forward movement for at least another month or two. The rapid
movement in recent months should generate a significant amount of demand for
numbers. Once such demand materializes at the anticipated rate it will have a direct
impact on this cut-off date.
China:
Rapid forward movement. Such movement is likely to result
in a dramatic increase in demand which could require
"corrective" action within the next six months.
India:
Up to two weeks
Mexico:
Will remain at the worldwide date
Philippines: Will remain at the worldwide date. Increased demand may
require "corrective" action at some point later in the
fiscal year.
Employment Fourth: Current
Employment Fifth: Current - for most countries. The expected increase in
China-mainland born demand would require the
establishment of a cut-off date for such applicants
no later than the summer months.
The category will remain "Current" for all other countries
for the foreseeable future.
The above projections for the Family and Employment categories indicate what is likely to
happen on a monthly basis through May based on current applicant demand patterns.
Readers should never assume that recent trends in cut-off date movements are guaranteed
for the future, or that "corrective" action will not be required at some point in an effort to
maintain number use within the applicable annual limits. The determination of the actual
monthly cut-off dates is subject to monthly fluctuations in applicant demand and a number
of other variables.
E. OBTAINING THE MONTHLY VISA BULLETIN
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”,
please send an E-mail to the following E-mail address:
[email protected]
and in the message body type:
Subscribe Visa-Bulletin
(example: Subscribe Visa-Bulletin)
To be removed from the Department of State’s E-mail subscription list for the “Visa
Bulletin”, send an e-mail message to the following E-mail address:
[email protected]
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates
which can be heard at: (202) 485-7699. The recording is normally updated on/about the
10th of each month with information on cut-off dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by E-mail at the
following address:
[email protected]
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO: January 9, 2015