Every month the Bureau of Consular Affairs of the U.S. Department of State publishes the "Visa Bulletin."  The "Visa Bulletin" provides information about availability of immigrant visas for that particular month.  Occasionally, it predicts availability of immigrant visas for coming months.

For example, in the July "Visa Bulletin," the Bureau predicted that visa cut-off dates for two family-based preferences would retrogress in coming months.  This article explains the quota system and the interrelated preference system, the meaning of cut-off dates, why visas become available, and why cut-off dates retrogress.

 Remember, however, that "Immediate Relatives" of U.S. citizens [spouses, unmarried children not yet 21 years old, and parents of U.S. citizens who are at least 21 years old] and two categories of "Special Immigrant" [lawful permanent residents returning from a temporary visit abroad and former citizens eligible to reacquisition of citizenship] are not subject to the quota system or the preference system. Section 201(c) of the Immigration and Nationality Act (INA) sets an annual limitation of 480,000 immigrant visas for immigrants who are in a family-sponsored preference category.  However, based upon various calculations, that number could be as little as 226,000 in any given federal fiscal year.   Section 201(d) of the INA sets an annual limitation of 140,000 immigrant visas for immigrants who are in an employment-based preference category, but that figure could be somewhat higher based upon various calculations.  Section 201(e) of the INA sets an annual limitation of 55,000 for diversity immigrants in any given federal fiscal year.

Section 202 of the INA prescribes that no more than seven percent [presently 25,620] in the case of any single foreign state and two percent [presently 7,320] in the case of any single dependent area of family-sponsored and employment-based immigrant visas may be made available to natives of a particular foreign state or dependent area.  Then, there are other provisions of law that complicate these basic quota provisions.

Following are the various categories of "preference" immigrants, with all numbers applicable to any given federal fiscal years (October 1 through September 30):

Family-Sponsored First Preference (F-1):  Unmarried sons and daughters [not yet 21 years old] of U.S. citizens and their children are allowed a maximum of 23,400 immigrant visas, plus any visas not required by brothers and sisters of U.S. citizens.

Family-Sponsored Second Preference:  This category is divided into two groups:   F-2A immigrants are spouses and unmarried children under 21 years old of lawful permanent residents.  F-2B immigrants are unmarried sons and daughters [21 years or older] of lawful permanent residents.  These two groups are limited to 114,200 immigrant visas, except that not less than 75 percent of these number are given to F-2A immigrants and they are given any visas not required by F-1 immigrants.

Family-Sponsored Third Preference (F-3):  Married sons and daughters of U.S. citizens are allowed 23,400 immigrant visas, plus any visas not required by F-1 and F-2 immigrants.

Family-Sponsored Fourth Preference (F-4):  Brothers and sisters of U.S. citizens who are at least 21 years old are allowed 65,000 immigrant visas, plus any visas not required by F-1 through F-3 immigrants.

Employment-Based First Preference (E-1):  Priority Workers ["Extraordinary Ability" Aliens, "Outstanding Professors and Researchers," and "Multinational Executives and Managers"] are allowed 28.6 percent of the worldwide level, plus any visas not required for certain "Special Immigrants" and for "Employment-Creation Immigrants."

Employment-Based Second Preference (E-2): Aliens who are members of the professions holding advanced degrees and " Exceptional Ability" aliens are allowed 28.6 percent of the worldwide level, plus any visas not required for E-1 immigrants.

Employment-Based Third Preference (E-3):  This category is divided into two groups.   E-3-A immigrants are "Skilled Workers" or "Professionals."  E-3-B workers are any other worker.  These two groups are allowed 28.6 percent of the worldwide level, except that "Other Workers" are allowed only 10,000 immigrant visas.

Employment-Based Fourth Preference (E-4):  There are nine categories of "Special Immigrants"( including "Religious Workers") subject to the quota system.  These immigrants are allowed 7.1 percent of the worldwide level.

Employment-Based Fifth Preference (E-5):  "Employment Creation" immigrants are allowed 7.1 percent of the worldwide level.

Being "chargeable" to a foreign state or dependent area refers to the fact that the country where a preference immigrant was born determines to what country his/her immigrant visa will be "charged" (deducted from the annual quota for any one foreign state or dependent area).  For example, a person born in Mainland China, but who is a citizen of Canada, would be charged to the quota for Mainland China, the country of his/her birth.  Since the annual quota for Mainland China in certain employment-based categories has lately been filled, but the quota for persons born in Canada in those employment-based categories has not been filled, being born in Mainland China would "prejudice" a person born in Mainland China who might actually be a citizen of another country.  That person would be "prejudiced" because he/she would probably have to wait longer to immigrate to the United States (or adjust status to permanent residence in the United States) than a person born in Canada.  Presently, cut-off dates apply to persons born in Mainland China, India, Mexico, and the Philippines.  However, "chargeability" is a very complicated area of immigration law and being "chargeable" to a particular foreign state or dependent area can be affected by considerations other than the country of birth.

The way any particular person is able to receive a "number" is determined by that person's "priority date," which is generally either 1) the date an immigrant visa petition was filed with the Immigration and Naturalization Service ("INS") on his/her behalf or 2) the date a labor certification  application was filed with the Department of Labor on his/her behalf (if a labor certification were required for visa eligibility).  "Priority dates" do not become relevant to a person until a visa petition has been approved on his/her behalf.  Then, generally, that person will receive a visa allocation after persons with earlier priority dates in the same preference category from the same country, but before persons with later priority dates in the same preference from the same country.  Visa allocations are made on a monthly basis by means of communications from all U.S. Consulates worldwide informing the Visa Office in Washington of the number of persons registered at that consulate in each category who have informed that consulate that they are ready to immigrate because they have all required documents.  A different system is used by the INS to inform the Visa Office of persons who are eligible to adjust status to permanent residence in the United States, but the result is the same.  The State Department must give each consulate and each INS District Office or Service Center a "number" before an immigrant visa applicant or adjustment applicant can receive an immigrant visa or adjust status to permanent residence.

In this issue of Torch Line we are link you to a table  (below )of the "Visa
Bulletin" to illustrate the system. at the Internet address http://travel.state.gov and then selecting "Visa Bulletin."  The information is updated about the 10th of every month to give cut-off date information for the following month.

Vertically, the cut-off date (if any) is given for each preference category for visa issuance during the month of July for persons born in a particular country (with certain exceptions).  The letter "C" means that the visa numbers are current, so persons with any priority date can receive a visa number.   Toward the end of each federal fiscal year the letter "U" will mean that visa numbers are unavailable.  A date listing means that a person born in a particular country who benefits from an approved visa petition in a particular preference can receive a visa allocation if his/her priority date is earlier than the cut-off date shown.

The priority date system is based upon supply and demand.  The supply of immigrant visas is limited by law to a preference quota, a country quota, and a worldwide quota.  The general demand for immigrant visas to the United States continues to increase, but the demand from particular countries varies.  We maintain a list of clients who benefit from approved preference petitions, and we review movement of each client's priority date on the 10th day of each month.  We can make very rough to more refined estimates about priority date movement, but our best estimates often turn out to be wrong.  Sometimes, rather than moving forward, priority dates move backward.  Without being able to influence the system, the most important thing we can do as attorneys is to file approvable papers as quickly as possible in order to establish our client's "priority date."