*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 |
01SEP18 |
01OCT17 |
01SEP18 |
01OCT17 |
01SEP18 |
01SEP18 |
2nd |
C |
01JUN17 |
C |
01JUN09 |
C |
C |
3rd |
C |
01JUN16 |
C |
01APR10 |
C |
C |
Other Workers |
C |
01JUN08 |
C |
01APR10 |
C |
C |
4th |
C |
C |
01SEP16 |
C |
C |
C |
Certain Religious Workers |
C |
C |
01SEP16 |
C |
C |
C |
5th Non-Regional Center
(C5 and T5) |
C |
22NOV14 |
C |
C |
C |
C |
5th Regional Center
(I5 and R5) |
C |
22NOV14 |
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 SEPTEMBER
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 September, 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 |
CURRENT |
|
ASIA |
CURRENT |
|
EUROPE |
CURRENT |
|
NORTH AMERICA (BAHAMAS) |
CURRENT |
|
OCEANIA |
CURRENT |
|
SOUTH AMERICA,
and the CARIBBEAN |
CURRENT |
|
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 OCTOBER
For October, immigrant numbers in the DV category are available to qualified DV-2020 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 |
2,500 |
Except: Egypt 1,500 |
ASIA |
1,300 |
Except: Iran 750
Nepal 1,000 |
EUROPE |
2,100 |
|
NORTH AMERICA (BAHAMAS) |
2 |
|
OCEANIA |
175 |
|
SOUTH AMERICA,
and the CARIBBEAN |
225 |
|
D. AVAILABILITY OF EMPLOYMENT-BASED FIRST, SECOND and FIFTH PREFERENCE NUMBERS
There has been a combination of a dramatic change in the USCIS demand pattern for adjustment of status applicants during July, and a larger than anticipated return of unused numbers which had been provided to consular offices for July use. As a result, it has been possible to advance the Employment First and Second preference September final action dates for most countries, as well as the India Employment Fifth preference.
E. SEVERAL EMPLOYMENT-BASED PREFERENCE CATEGORIES HAVE RETROGRESSED OR BECOME “UNAVAILABLE” FOR THE REMAINDER OF FISCAL YEAR 2019
Worldwide Employment Fourth (E4): Since June, USCIS demand for E4 numbers, primarily for Juvenile Court Dependent adjustment of status applicants, has increased dramatically. This has resulted in the E4 annual limit having been reached. Therefore, it has been necessary to make the entire E4 category “Unavailable” for September, and implement this effective immediately.
China – Employment First (E1) and Third Preferences (E3): Despite the earlier retrogression of the China E1 final action date, USCIS demand for adjustment of status applicants with priority dates earlier than that date remains excessive. Therefore, it has been necessary to retrogress the China E1 final action date once again. A dramatic increase in USCIS demand for China E3 numbers has also required the retrogression of that date in an effort to limit future number use under that annual limit. Both of these retrogressed September dates will be imposed immediately.
India – Employment First (E1) and Third Preferences (E3): Despite the earlier retrogression of the India E1 and E3 final action dates, USCIS demand for adjustment of status applicants with priority dates earlier than those dates remained excessive. Therefore, it was necessary to make the India E1 final action date “Unavailable” earlier in July, and it will remain so for the remainder of FY-2019. The India Employment Third preference date has been retrogressed and that date will be imposed immediately.
It is likely that corrective action will also be required for other preferences prior to the end of the fiscal year.
Numbers will once again be available for applicants in the above mentioned preferences beginning October 1, 2019 under the FY-2020 annual numerical limitations. Every effort will be made to return these final action dates to (at least) the dates which had originally been announced for August.
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizenship and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 17th, USCIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2019 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2019 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 141,918
Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2019 the per-country limit is 25,754. The dependent area annual limit is 2%, or 7,358.
G. 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: August 9, 2019