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FOR IMMEDIATE RELEASE
United
States Department of State Visa Bulletin
Number 48
IMMIGRANT NUMBERS FOR SEPTEMBER
2002
A. STATUTORY NUMBERS 1. This bulletin summarizes the availability
of immigrant numbers during September. Consular officers are required to report
to the Department of State documentarily qualified applicants for numerically
limited visas; the Immigration and Naturalization Service reports applicants
for adjustment of status. Allocations were made, to the extent possible under
the numerical limitations, for the demand received by August 8th in the
chronological order of the reported priority dates. If the demand could not be
satisfied within the statutory or regulatory limits, 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. Only applicants who have a
priority date earlier than the cut-off date may be allotted a
number. Immediately that 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. 2. The fiscal year 2002 limit for
family-sponsored preference immigrants determined in accordance with Section
201 of the Immigration and Nationality Act (INA) is 226,000. The fiscal year
2002 limit for employment-based preference immigrants calculated under INA 201
is 142,632. 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., 25,804 for FY-2000. The dependent
area limit is set at 2%, or 7,373. 3. Section 203 of the INA prescribes
preference classes for allotment of immigrant visas as follows: FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of 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, and any unused
first preference numbers: A. Spouses and Children: 77% of the
overall second preference limitation, of which 75% are exempt from the
per-country limit; B. Unmarried Sons and Daughters (21
years of age or older): 23% of the overall second preference limitation. Third: Married Sons and Daughters of Citizens:
23,400, plus any numbers not required by first and second preferences. Fourth: Brothers and Sisters of Adult Citizens:
65,000, plus any numbers not required by first three preferences. 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 P.L. 102-395. 4. 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: MEXICO and
PHILIPPINES. 5. 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. (NOTE: Numbers are available only for applicants whose priority date
is earlier than the cut-off date listed below.)
*NOTE: For August, 2A numbers EXEMPT from per-country limit
are available to applicants from all countries with priority dates earlier
than 08JAN95. 2A numbers SUBJECT to per-country limit are
available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 08JAN95 and earlier than 15JUN97. (All 2A numbers
provided for MEXICO are exempt from the per-country limit; there are no 2A
numbers for MEXICO subject to per-country limit.)
The Department of State has
available a recorded message with visa availability information which can be
heard at: (area code 202) 663-1541. This recording will be updated in the
middle of each month with information on cut-off dates for the following month.
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Department of State Publication 9514
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