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July 28, 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2016

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2016: *U.S. Visas - U.S. Department of State - Bureau of Consular Affair FAMILY-SPONSORED PREFERENCES First : ( F1 ) Unmarried Sons and Daug...

VISA BULLETIN FOR AUGUST 2016

*U.S. Visas - U.S. Department of State - Bureau of Consular Affair
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 earlierthan the final action date listed below.)
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIAMEXICOPHILIPPINES 
F122MAY0922MAY0922MAY0908MAR9522MAR05
F2A15NOV1415NOV1415NOV1401SEP1415NOV14
F2B08JAN1008JAN1008JAN1008SEP9515SEP05
F301DEC0401DEC0401DEC0422OCT9415MAR94
F415SEP0301JAN0301JAN0115APR9701FEB93
*NOTE: For August, 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 15NOV14. (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 timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application 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 application 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 isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo 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 
F101JAN1001JAN1001JAN1001APR9522DEC05
F2A22NOV1522NOV1522NOV15 22NOV15 22NOV15
F2B08FEB1108FEB1108FEB1122MAY9601FEB06
F322AUG0522AUG0522AUG0501MAY9501AUG95
F415JUN0415JUN0401MAY0401JUN9815JUL93
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 final action date listed below.)
Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIAMEXICOPHILIPPINES
1stC01JAN10C01JAN10CC
2nd01FEB1401JAN1001FEB1415NOV0401FEB1401FEB14
3rd15MAR1601JAN1015MAR1608NOV0415MAR1615MAY09
Other Workers15MAR1601JAN0415MAR1608NOV0415MAR1615MAY09
4thCC01JAN1001JAN1001JAN10C
Certain Religious WorkersCC01JAN1001JAN1001JAN10C
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 application 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 application 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/visabulletininfo 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
2ndC01JUN1301JUL09 CC
3rdC01MAY1501JUL05C01JAN13
Other WorkersC01AUG0901JUL05C01JAN13
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 final action dates for the following month. 
* www.travel.state.gov