IMMIGRANT VISA NUMBERS ("Priority Dates") FOR MARCH 2003
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during March. 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 February 10th 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. 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 employment-based
preference immigrants is at least 140,000. 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., 25,620. The dependent area limit is set
at 2%, or 7,320
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 reference.
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 Family Based Immigrant Visas
| All Chargeability Areas Except Those Listed | MEXICO | PHILIPPINES | |
|---|---|---|---|
| Family | |||
| 1st | 22JUN99 | 01MAY93 | 01APR90 |
| 2A* | 08DEC97 | 01JUL95 | 08DEC97 |
| 2B | 01JUL94 | 08NOV91 | 01JUL94 |
| 3rd | 22FEB97 | 22MAR93 | 08DEC89 |
| 4th | 08MAR91 | 08MAR91 | 15DEC81 |
*NOTE: For March, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL95. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL95 and earlier than 08DEC97. (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.)
Priority Dates for Employment-Based Immigrant Visas
| All Chargeability Areas Except Those Listed | MEXICO | PHILIPPINES | |
|---|---|---|---|
| Employment-Based | |||
| 1st | C | C | C |
| 2nd | C | C | C |
| 3rd | C | C | C |
| Other Workers | C | C | C |
| 4th | C | C | C |
| Certain Religious Workers | C | C | C |
| 5th | C | C | C |
| Targeted Employment Areas/Regional Centers | C | C | C |
The Department of State has available a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides
a maximum of up to 55,000 immigrant visas each fiscal year to
permit immigration opportunities for persons from countries other
than the principal sources of current immigration to the United
States. The Nicaraguan and Central American Relief Act (NCARA)
passed by Congress in November 1997 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 NCARA program. This reduction has resulted
in the DV-2003 annual limit being reduced 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 March, immigrant numbers in the DV category are
available to qualified DV-2003 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:
All DV Chargeability Areas Except Those Listed Separately
Region
AFRICA: AF 14,150
ASIA: AS 8,400, Except: BANGLADESH 6,600
EUROPE: EU 22,500
NORTH AMERICA (BAHAMAS): NA 13
OCEANIA: OC 345
SOUTH AMERICA, and the CARIBBEAN: SA 975
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-2003 program
ends as of September 30, 2003. DV visas may not be issued to
DV-2003 applicants after that date. Similarly, spouses and
children accompanying or following to join DV-2003 principals are
only entitled to derivative DV status until September 30, 2003.
DV visa availability through the very end of FY-2003 cannot be
taken for granted. Numbers could be exhausted prior to September
30. Once all numbers provided by law for the DV-2003 program
have been used, no further issuances will be possible.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MARCH
For April, immigrant numbers in the DV category are
available to qualified DV-2003 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:
All DV Chargeability Areas Except Those Listed Separately
Region
AFRICA: AF 16,500
ASIA: AS 10,400, Except: BANGLADESH 7,950
EUROPE: EU 26,250
NORTH AMERICA (BAHAMAS): NA 13
OCEANIA: OC 410
SOUTH AMERICA, and the CARIBBEAN: SA 1,140
D. PHILIPPINES VISA AVAILABILITY IN THE COMING MONTHS
Continued heavy applicant demand for numbers in the
PHILIPPINES Family First, Third, and Fourth preference categories
could require the retrogression of those cut-off dates later in
the year. This action would be necessary to hold visa issuance
within the annual numerical limits.
E. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State's Bureau of Consular Affairs offers the monthly Visa Bulletin on the INTERNET'S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:
http://travel.state.gov
From the home page, select the VISA section which contains the Visa Bulletin.
Individuals may also obtain the Visa Bulletin by FAX. From a FAX phone, dial (202) 647-3000. Follow the prompts and enter in the code 1522 to have each Bulletin FAXed.
To be placed on the Department of States E-mail subscription list for the Visa Bulletin, please provide your E-mail information to the following E-mail address:
VISABULLETIN@STATE.GOV
The Department of State also has available a recorded message with visa cut-off dates which can be heard at (202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.
The Visa Bulletin can also be contacted by e-mail at the following address:
VISABULLETIN@STATE.GOV
Department of State Publication 9514
CA/VO:February 10, 2003