October visa bulletin

[DaleSteyn1]

Visa Bulletin For October 2018

 

Number 22
Volume X
Washington, D.C

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A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: “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 U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “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. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily 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 September 10th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action 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 final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action 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, PHILIPPINES, and VIETNAM.

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.  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 final action date listed below.)

 

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01JUN11	01JUN11	01JUN11	01AUG97	22DEC06
F2A	22AUG16	22AUG16	22AUG16	01AUG16	22AUG16
F2B	22NOV11	22NOV11	22NOV11	15MAY97	15MAY07
F3	15JUN06	15JUN06	15JUN06	22DEC95	08JUN95
F4	15FEB05	15FEB05	01MAY04	22JAN98	08JUN95

22MAR05

22MAR05

22DEC10

01FEB16

01FEB16

 

 

*NOTE: For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01AUG16. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01AUG16 and earlier than 22AUG16. All F2A numbers provided for MEXICO are exempt from the 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 is earlier 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	INDIA	MEXICO	PHILIPPINES
F1	08MAR12	08MAR12	08MAR12	08OCT98	15FEB08
F2A	01DEC17	01DEC17	01DEC17	01DEC17	01DEC17
F2B	22MAR14	22MAR14	22MAR14	22JUN97	15DEC07
F3	08JAN07	08JAN07	08JAN07	22DEC98	01JUN97
F4	01JUN05	01JUN05	01JAN05	22JUN98	08APR96

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.  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 earlier than the final action date listed below.)

 

 

Employment- based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES	VIETNAM
1st	01APR17	01JUN16	01APR17	01JUN16	01APR17	01APR17	01APR17
2nd	C	01APR15	C	26MAR09	C	C	C
3rd	C	01JUN15	C	01JAN09	C	01JUN17	C
Other Workers	C	01MAY07	C	01JAN09	C	01JUN17	C
4th	C	C	15FEB16	C	22OCT16	C	C
Certain Religious Workers	U	U	U	U	U	U	U
5th Non-Regional Center (C5 and T5)	C	15AUG14	C	C	C	C	01JAN16
5th Regional Center (I5 and R5)	U	U	U	U	U	U	U

[DaleSteyn1]

.  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 is earlier 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	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	01JUN18	01OCT17	01JUN18	01OCT17	01JUN18	01JUN18
2nd	C	15JUN15	C	22MAY09	C	C
3rd	C	08AUG15	C	01OCT09	C	01JUL17
Other Workers	C	01JUN08	C	01OCT09	C	01JUL17
4th	C	C	01MAY16	C	C	C
Certain Religious Workers	C	C	01MAY16	C	C	C
5th Non-Regional Center (C5 and T5)	C	01OCT14	C	C	C	C
5th Regional Center (I5 and R5)	C	01OCT14	C	C	C	C

6.  The Department of State has a recorded message with the Final Action date information 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.

B.  DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF OCTOBER

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-2019 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 October, immigrant numbers in the DV category are available to qualified DV-2019 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:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	2,750	Except:  Egypt  1,900
ASIA	1,000	Except:  Iran    800              Nepal  600
EUROPE	2,000
NORTH AMERICA (BAHAMAS)	4
OCEANIA	100
SOUTH AMERICA, and the CARIBBEAN	150

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-2019 program ends as of September 30, 2019. DV visas may not be issued to DV-2019 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2019 principals are only entitled to derivative DV status until September 30, 2019. DV visa availability through the very end of FY-2019 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 NOVEMBER

For November, immigrant numbers in the DV category are available to qualified DV-2019 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:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	6,400	Except: Egypt  4,000
ASIA	1,600	Except: Iran    1,550             Nepal  1,100
EUROPE	4,400
NORTH AMERICA (BAHAMAS)	9
OCEANIA	200
SOUTH AMERICA, and the CARIBBEAN	355

D.  SCHEDULED EXPIRATION OF TWO EMPLOYMENT CATEGORIES

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to section 202 of the Consolidated Appropriations Act, 2018 (Public Law 115-141), the non-minister special immigrant program expires on September 30, 2018.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2018. Visas issued prior to this date will only be issued with a validity date of September 29, 2018, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight September 29, 2018.

The final action date for this category has been listed as “Unavailable” for October.  If there is legislative action extending this category for FY-2019, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a February 15, 2016 final action date and Mexico, which would be subject to an October 22, 2016 final action date.  

Employment Fifth Preference Categories (I5 and R5):

Section 204 of the Consolidated Appropriations Act, 2018 (Public Law 115-141) extended this immigrant investor pilot program until September 30, 2018. The I5 and R5 visas may be issued until close of business on September 30, 2018, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after September 30, 2018.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for October.  If there is legislative action extending them for FY-2019, the final action dates would immediately become “Current” for October for all countries except China-mainland born I5 and R5, which would be subject to an August 15, 2014 final action date and Vietnam I5 and R5, which would be subject to a January 1, 2016 final action date.  

E.  OBTAINING THE MONTHLY VISA BULLETIN

[DaleSteyn1]

eb3 is ahead of eb2 for filing employment based visa petition finally 

[Quickgun_murugan]

Malli 09 ki ochesindi kada ...

[Quickgun_murugan]

Just now, DaleSteyn1 said:

eb3 is ahead of eb2 for filing employment based visa petition finally 

EB2 is the most exploited category... Lol

[soodhilodaaram]

I have gut feeling that CO will fcuk up EB3 this year as wellthere are hardly 473 EB3 cases in inventory and he has not moved the actual dates to end of 2009 even now

[Hitman]

August bulletin to compare cheste 11 days move ayyindi...

EB2

15MAR09 to 26 MAR 09

EB3 same...

 

 

 

[reality]

Eb3 overtaking Eb2 is a good sign. Indicates how violently all those suckers already ate (ported) Eb2 numbers all these days. At least, that crowd is gone. Now, EB2 can see a consistent advancement. 

[megadheera]

Inka down porting start cheyandi 😂😂

[Hitman]

12 minutes ago, megadheera said:

Inka down porting start cheyandi 😂😂

Considering it.. as per the Inventory report only <500 EB3 pending to be issued... Downgrade cheste better emo anipistundi.. 

[former]

1 hour ago, Quickgun_murugan said:

EB2 is the most exploited category... Lol

EB1 kada naga exploit ayindi. 

EB1 lo visa numbers lekapothe eb2 ki ravu. 

[former]

11 minutes ago, Hitman said:

Considering it.. as per the Inventory report only <500 EB3 pending to be issued... Downgrade cheste better emo anipistundi.. 

ipudu  malli labor & I 140 cheyali. it will take another 1 yr

[former]

Only way get the GC is through Family sponsored through KID.

[megadheera]

1 minute ago, former said:

Only way get the GC is through Family sponsored through KID.

Yes. For sure you will get it in 21 yrs conidering there will be no change in rule

[greensboro]

2 minutes ago, former said:

Only way get the GC is through Family sponsored through KID.

thatha merit based immigration thesthe 2 years lo aa loophole kooda theesthesthadu