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September 26, 2012
IMMIGRATION AND POLICY: UNDERSTANDING THE VISA BULLETIN
IMMIGRATION AND POLICY: UNDERSTANDING THE VISA BULLETIN: By Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC How are are visa numbers allocated? Do you read a Visa Bulletin? Takin...
UNDERSTANDING THE VISA BULLETIN
By Attorney Norka M. Schell
Law Offices of Norka M. Schell, LLC
How are are visa numbers allocated? Do you read a Visa Bulletin?
Taking as an example the Visa Bulletin for the month of October of 2012, you first should be aware of the following rules:
The 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. 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.
Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored 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. Here is how you read a Visa Bulletin: 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.
Let's view the Visa Bulletin for month of October 2012. But keep in mind that numbers are available only to applicants whose priority date is earlier than the cut-off date.
Family-Sponsored
ALL CHINA INDIA MEXICO PHILIPPINES
Countries
F1 08OCT05 08OCT05 08OCT05 15JUN93 01APR96
F2A 01JUN10 01JUN10 01JUN10 15MAY10 01JUN10
F2B 15SEP04 15SEP04 15SEP04 01OCT92 22JAN02
F3 22MAY02 22MAY02 22MAY02 08FEB93 22JUL92
F4 15MAR01 5FEB01 15MAR01 22JUN96 08FEB89
For October, F2A numbers exempt from per-country limit are available to applicants from all countries with priority dates earlier than 15 MAY 10. The F2A numbers subject to per-country limit are available to applicants chargeable to all countries except Mexico with priority dates beginning 15 MAY 10 and earlier than 01 JUN 2010.
The visa numbers are also allocated to people who are seeking to enter the United States to work under the employment-based preference. Under the employment-based preference there are:
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.
Here are how you read: the letter "C" means current, i.e., numbers are available for all qualified applicants; and letter "U" means that there are no numbers available.
Here is how you read it: Employment- Based All Chargeability Areas Except those listed CHINA- mainland born INDIA MEXICO PHILIPPINES
Employment-based
ALL CHINA INDIA MEXICO PHILIPPINES
Countries
1st C C C C C
2nd 01JAN12 15JUL07 01SEP04 01JAN12 01JAN12
3rd 22OCT06 08FEB06 15OCT02 22OCT06 01AUG06
*Other Workers
22OCT06 22JUN03 15OCT02 22OCT06 01AUG06
4th C C C C C
Certain Religious Workers
U U U U U
5th Targeted Employment Areas/ Regional Centers
C C C C C
5th Pilot Programs
U U U U U
Department of State Visa Office releases a new visa bulletin on or about the tenth of each month with information on cut-off dates for the following month.
Law Offices of Norka M. Schell, LLC
How are are visa numbers allocated? Do you read a Visa Bulletin?
Taking as an example the Visa Bulletin for the month of October of 2012, you first should be aware of the following rules:
The 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. 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.
Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored 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. Here is how you read a Visa Bulletin: 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.
Let's view the Visa Bulletin for month of October 2012. But keep in mind that numbers are available only to applicants whose priority date is earlier than the cut-off date.
Family-Sponsored
ALL CHINA INDIA MEXICO PHILIPPINES
Countries
F1 08OCT05 08OCT05 08OCT05 15JUN93 01APR96
F2A 01JUN10 01JUN10 01JUN10 15MAY10 01JUN10
F2B 15SEP04 15SEP04 15SEP04 01OCT92 22JAN02
F3 22MAY02 22MAY02 22MAY02 08FEB93 22JUL92
F4 15MAR01 5FEB01 15MAR01 22JUN96 08FEB89
For October, F2A numbers exempt from per-country limit are available to applicants from all countries with priority dates earlier than 15 MAY 10. The F2A numbers subject to per-country limit are available to applicants chargeable to all countries except Mexico with priority dates beginning 15 MAY 10 and earlier than 01 JUN 2010.
The visa numbers are also allocated to people who are seeking to enter the United States to work under the employment-based preference. Under the employment-based preference there are:
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.
Here are how you read: the letter "C" means current, i.e., numbers are available for all qualified applicants; and letter "U" means that there are no numbers available.
Here is how you read it: Employment- Based All Chargeability Areas Except those listed CHINA- mainland born INDIA MEXICO PHILIPPINES
Employment-based
ALL CHINA INDIA MEXICO PHILIPPINES
Countries
1st C C C C C
2nd 01JAN12 15JUL07 01SEP04 01JAN12 01JAN12
3rd 22OCT06 08FEB06 15OCT02 22OCT06 01AUG06
*Other Workers
22OCT06 22JUN03 15OCT02 22OCT06 01AUG06
4th C C C C C
Certain Religious Workers
U U U U U
5th Targeted Employment Areas/ Regional Centers
C C C C C
5th Pilot Programs
U U U U U
Department of State Visa Office releases a new visa bulletin on or about the tenth of each month with information on cut-off dates for the following month.
IMMIGRATION AND POLICY: EB-5 Regional Center Program
IMMIGRATION AND POLICY: EB-5 Regional Center Program: The House of Representative has passed S. 3235, a bill to extend by three years the authorization of the EB-5 Regional Center Program. Th...
EB-5 Regional Center Program
The House of Representative has passed S. 3235, a bill to extend by three years the authorization of the EB-5 Regional Center Program.
The Immigration and Nationality Act, section 203(b)(5) established a class of immigrant visas (EB-5) for individuals who invest either $500,000 or $1 million (depending on whether the investment is in a targeted employment area or not) in a new commercial enterprise located within the U.S. and who will create full-time employment for not fewer than 10 qualified employees. There are two distinct EB-5 pathways for an alien investor to gain lawful permanent residence:
(1) Basic Program and
(2) Immigrant Investor Pilot Program.
It is important to note that the EB-5 requirements for an investor under the pilot program are essentially the same as in the basic EB-5 investor program except the Pilot Program provides for investments that are affiliated with an economic unit known as a “regional center.”
Investments made through regional centers can take advantage of a more expansive concept of job creation, including both “indirect” and “direct” jobs.
The S. 3235 bill is now pending the President's signature.
The Immigration and Nationality Act, section 203(b)(5) established a class of immigrant visas (EB-5) for individuals who invest either $500,000 or $1 million (depending on whether the investment is in a targeted employment area or not) in a new commercial enterprise located within the U.S. and who will create full-time employment for not fewer than 10 qualified employees. There are two distinct EB-5 pathways for an alien investor to gain lawful permanent residence:
(1) Basic Program and
(2) Immigrant Investor Pilot Program.
It is important to note that the EB-5 requirements for an investor under the pilot program are essentially the same as in the basic EB-5 investor program except the Pilot Program provides for investments that are affiliated with an economic unit known as a “regional center.”
Investments made through regional centers can take advantage of a more expansive concept of job creation, including both “indirect” and “direct” jobs.
The S. 3235 bill is now pending the President's signature.