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June 6, 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Visa Bulletin For June 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Visa Bulletin For June 2016: A.  STATUTORY NUMBERS This bulletin summarizes the availability of immigrant numbers during  June  for: “Application Final Action Dat...

Visa Bulletin For June 2016


A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during June for: “Application Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Unless otherwise indicated on the USCIS website at www.uscis.gov, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the "Dates for Filing Visa Applications" charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov.
1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentary qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 6th. 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. 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 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.  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, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.
4.  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.
A.  APPLICATION 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 cut-off date listed below.)
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F115JAN0915JAN0915JAN0922FEB9522DEC04
F2A08NOV1408NOV1408NOV1401SEP1408NOV14
F2B22OCT0922OCT0922OCT0908SEP9501JUN05
F301DEC0401DEC0401DEC0422OCT9401FEB94
F408AUG0301JAN0301JAN0115APR9701DEC92
*NOTE: For June, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 01SEP14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP14 and earlier than 08NOV14. (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.)
B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a time frame justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off 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 cut-off 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.
Visit www.uscis.gov/visa for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
F101OCT0901OCT0901OCT0901APR9501SEP05
F2A15OCT1515OCT1515OCT1515OCT1515OCT15
F2B15DEC1015DEC1015DEC1015MAY9601JAN06
F301AUG0501AUG0501AUG0501MAY9501AUG95
F401MAY0401MAY0401MAY0401JUN9801APR93
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.  APPLICATION 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 earlierthan the cut-off date listed below.)
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC01JAN10C01OCT04CC
3rd15FEB1601JAN1015FEB1622SEP0415FEB1601NOV08
Other Workers15FEB1622APR0715FEB1622SEP0415FEB1601NOV08
4thCC01JAN10CCC
Certain Religious WorkersCC01JAN10CCC
5th
Non-Regional
Center
(C5 and T5)
C15FEB14CCCC
5th
Regional
Center
(I5 and R5)
C15FEB14CCCC
*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 cut-off 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 cut-off 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 isearlier than the listed date may file their application.
Visit www.uscis.gov/visa for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 
 
Employment- 
based
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIAMEXICOPHILIPPINES 
1stCCCCC
2ndC01JUN1301JUL09CC
3rdC01MAY1501JUL05C01JAN10
Other WorkersC01AUG0901JUL05C01JAN10
4thCCCCC
Certain Religious WorkersCCCCC
5th
Non-Regional
Center
(C5 and T5)
C01MAY15CCC
5th
Regional
Center
(I5 and R5)
C01MAY15CCC
6.  The Department of State has a recorded message with the cut-off date information for Final Application Action 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 JUNE
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-2016 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 June, immigrant numbers in the DV category are available to qualified DV-2016 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:
RegionAll DV Chargeability Areas Except Those Listed Separately 
AFRICA34,400 
ASIA8,000
Except:
Nepal:      6,200
EUROPE34,000 
NORTH AMERICA (BAHAMAS) 10 
OCEANIA1,100 
SOUTH AMERICA,
and the CARIBBEAN
1,175 
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-2016 program ends as of September 30, 2016. DV visas may not be issued to DV-2016 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2016 principals are only entitled to derivative DV status until September 30, 2016. DV visa availability through the very end of FY-2016 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 JULY
For July, immigrant numbers in the DV category are available to qualified DV-2016 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:
 
RegionAll DV Chargeability Areas Except Those Listed Separately 
AFRICA43,825 
ASIA10,550Except:
Nepal:      6,725
EUROPECURRENT 
NORTH AMERICA (BAHAMAS) CURRENT 
OCEANIACURRENT 
SOUTH AMERICA,
and the CARIBBEAN
CURRENT 
D.  RETROGRESSION OF SEVERAL FAMILY-SPONSORED AND
     EMPLOYMENT-BASED FINAL ACTION DATES FOR THE     MONTH OF JUNE
FAMILY-SPONSORED:
CHINA F4:  The increased level of applicant demand being received has necessitated retrogression of the June final action date, in an effort to hold number use within the overall China Family-sponsored annual limit. At this time, it is not possible to predict whether this date will advance prior to the end of the fiscal year.
INDIA F4:  The increased level of applicant demand being received has necessitated retrogression of the June final action date, in an effort to hold number use within the overall India Family-sponsored annual limit. This date is not expected to advance prior to the end of the fiscal year. 

EMPLOYMENT-BASED:
INDIA E2:  During the past two months, there have been extremely high levels of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services.  This has necessitated retrogression of the Second preference final action date for the month of June in an effort to hold number use within the FY-2016 annual limit. This date is expected to advance slowly during the last three months of the fiscal year, at a pace consistent with that of the India Employment-based Third preference date.    
CHINA E2 and E3:  During the past two months, there have been extremely high levels of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services.  This has necessitated retrogression of both the Second and Third preference final action dates for the month of June in an effort to hold number use within those FY-2016 annual limits. Neither of these dates is expected to advance prior to the end of the fiscal year.     

Item D of the May Visa Bulletin advised readers that such corrective action might be necessary to control future number use during the coming months.  Every effort will be made to return the retrogressed dates to those listed in the May 2016 Visa Bulletin as quickly as possible, once the FY-2017 annual limits take effect October 1, 2016.  Speculation on how quickly, or when, a full recovery might occur might not be possible until late summer.