*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 |
01JUN18 |
01OCT17 |
01JUN18 |
01OCT17 |
01JUN18 |
01JUN18 |
2nd |
C |
01NOV15 |
C |
22MAY09 |
C |
C |
3rd |
C |
01JAN16 |
C |
01APR10 |
C |
01OCT17 |
Other Workers |
C |
01JUN08 |
C |
01APR10 |
C |
01OCT17 |
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 FEBRUARY
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 February, 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 |
13,800 |
Except: Egypt 9,500 |
ASIA |
4,400 |
Except: Iran 3,400
Nepal 2,800
|
EUROPE |
10,000 |
|
NORTH AMERICA (BAHAMAS) |
12 |
|
OCEANIA |
450 |
|
SOUTH AMERICA,
and the CARIBBEAN |
625 |
|
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 MARCH
For March, 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 |
15,300 |
Except: Egypt 12,600 |
ASIA |
5,000 |
Except: Iran 4,600
Nepal 3,400 |
EUROPE |
13,500 |
|
NORTH AMERICA (BAHAMAS) |
12 |
|
OCEANIA |
550 |
|
SOUTH AMERICA,
and the CARIBBEAN |
750 |
|
D. SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
Employment Fourth Preference Certain Religious Workers (SR):
With the expiration of the continuing resolution on December 21, 2018 authorization for the non-minister special immigrant program has lapsed. No SR visas may be issued overseas, or final action taken on adjustment of status cases. Therefore, the final action date for this category has been listed as “Unavailable” for February.
If there is legislative action extending this category for FY-2019, the final action date would immediately become “Current” for February for all countries except El Salvador, Guatemala, and Honduras which would be subject to a March 1, 2016 final action date, and for Mexico which would be subject to a September 1, 2017 final action date.
Employment Fifth Preference Categories (I5 and R5):
With the expiration of the continuing resolution on December 21, 2018 authorization for the immigrant investor pilot program has lapsed. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases. Therefore, the final action dates for the I5 and R5 categories have been listed as “Unavailable” for February.
If there is legislative action extending them for FY-2019, the final action dates would immediately become “Current” for February for all countries except China-mainland born, which would be subject to a September 1, 2014 final action date and Vietnam, which would be subject to a June 15, 2016 final action date.
E. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates (except oversubscribed countries):
F1: Up to five weeks
F2A: Up to one month
F2B: Up to two months
F3: Up to two weeks
F4: Up to six weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First:
WORLDWIDE (most countries): Up to two months.
China and India: Up to one month.
Employment Second:
Worldwide: Current for the foreseeable future.
China: Up to three months.
India: Up to one week
Employment Third:
Worldwide: Current
China: Up to three weeks.
India: Up to three months.
Mexico: Current
Philippines: Rapid movement to generate demand.
Employment Fourth: Current for most countries.
El Salvador, Guatemala, and Honduras: Up to one week.
Mexico: Rapid forward movement until limit is reached.
Employment Fifth: The category will remain “Current” for most countries.
China-mainland born: Up to one week.
Vietnam: Up to three weeks.
The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables. It is also important to remember that by no means has every applicant with a priority date earlier than a prevailing final action date been processed for final visa action, with applicants often processing at their own initiative and convenience.
F. OBTAINING THE MONTHLY VISA BULLETIN
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:
listserv@calist.state.gov
and in the message body type:
Subscribe Visa-Bulletin
(example: Subscribe Visa-Bulletin)
To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:
listserv@calist.state.gov
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa final action dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 10th of each month with information on final action dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:
VISABULLETIN@STATE.GOV
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO: January 8, 2019