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Visa Bulletin, July, 2018

Published on 19 June, 2018
Visa Bulletin, July, 2018

AMILY-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

22APR11

22APR11

22APR11

01AUG97

01JUN06

F2A

22JUN16

22JUN16

22JUN16

08JUN16

22JUN16

F2B

15AUG11

15AUG11

15AUG11

08MAR97

01FEB07

F3

01MAY06

01MAY06

01MAY06

01DEC95 

15APR95

F4

15NOV04

15NOV04

22MAR04

15JAN98

22MAR95

 *NOTE: For July, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 08JUN16. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JUN16 and earlier than 22JUN16. 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

01SEP98

15FEB08

F2A

01DEC17

01DEC17

01DEC17

01DEC17

01DEC17

F2B

08JAN12

08JAN12

08JAN12

08JUN97

15DEC07

F3

22SEP06

22SEP06

22SEP06

08OCT98

01AUG95

F4

01MAY05

01MAY05

01JAN05

01JUN98

01DEC95

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

C

01JAN12

C

01JAN12

C

C

C

2nd

01JAN15

C

15MAR09

C

C

C

3rd

C

01JAN13

C

01NOV08 

01JAN17

C

Other Workers

C

01MAY07

01NOV08

01JAN17

C

4th

C

C

08FEB16

C

08FEB16

C

C

Certain Religious Workers

C

C

08FEB16

C

08FEB16

C

C

5th Non-Regional Center
(C5 and T5)

C

01AUG14

C

C

C

C

01AUG14

5th Regional Center
(I5 and R5)

C

01AUG14

C

C

C

C

01AUG14

*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 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

C

C

C

C

C

C

2nd

C

01APR15

C

22MAY09 

C

C

3rd

C

01JAN16

C

01MAY09

C

01JUL17

Other Workers

C

01JUN08

C

01MAY09

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 JULY

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-2018 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 July, immigrant numbers in the DV category are available to qualified DV-2018 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

38,000

Except:
Egypt:      19,700

ASIA

10,500

Except:
Nepal:       6,325

EUROPE

21,900

 

NORTH AMERICA (BAHAMAS

18

 

OCEANIA

1,200

 

SOUTH AMERICA,
and the CARIBBEAN

1,425

 

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-2018 program ends as of September 30, 2018. DV visas may not be issued to DV-2018 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2018 principals are only entitled to derivative DV status until September 30, 2018. DV visa availability through the very end of FY-2018 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 AUGUST

For August, immigrant numbers in the DV category are available to qualified DV-2018 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

CURRENT

Except:
Egypt:      21,325

ASIA

CURRENT

Except:
Nepal:       6,950

EUROPE

23,325

 

NORTH AMERICA (BAHAMAS

CURRENT

 

OCEANIA

1,400

 

SOUTH AMERICA,
and the CARIBBEAN

1,585

 

D.  SPECIAL IMMIGRANT (SI) TRANSLATOR CATEGORY VISA AVAILABILITY

Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early this year. As a result, it has been necessary to maintain a July Final Action Date of April 22, 2012. It is likely that number use will require the SI category to become “unavailable” in the coming months. Once the annual limit of 50 visas is reached, further issuances in the SI category will not be possible until October 2018, under the FY-2019 annual limit. The SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan is not affected and remains current.

E.   RETROGRESSION OF JULY EMPLOYMENT-BASED FINAL ACTION DATES

MEXICO E4 and SR:  As readers were advised in item E of the June Visa Bulletin, it has been necessary to retrogress the July Final Action Dates in an effort to hold worldwide number use within the maximum allowed under the FY-2018 annual limits.  

The Mexico E4 and SR dates will return to October 22, 2016 for October, the first month of fiscal year 2019.


CHINA E3: There has been an extremely large increase in Employment Third preference applicant demand during the past two months.  This is due to the “downgrading” of status by applicants who had originally filed in the Employment Second preference. As a result, it has been necessary to retrogress the July Final Action Date to January 1, 2013 in an effort to hold number use within the FY-2018 per-country limit. 

The China E3 date will return to June 1, 2015 for October, the first month of fiscal year 2019.

F.   EMPLOYMENT-BASED VISA AVAILABILTY IN THE COMING MONTHS

In recent weeks there has been a steadily increasing level of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services. A continuation of the current demand pattern would result in a temporary establishment or retrogression of some final action dates in an effort to hold number use within the FY-2018 annual limits.  

Should such action be required, there would be a full recovery in the preference category for October, the first month of fiscal year 2019.

 

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