October 2016 Visa Bulletin

From the bulletin:

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 8th . 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, and PHILIPPINES.

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.

In plain words: “Unavailable” (“U”) means paused; “retrogress” means move back; “chargeability area” means country of birth; “final action date” means approval date; “date for filing” means filing date.

From the bulletin:

For November , immigrant numbers in the DV category are available to qualified DV-2017 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

13,500

Except:

Egypt: 7,500

Ethiopia: 7,500

ASIA

3,000

Except:

Nepal: 2,000

EUROPE

13,000

NORTH AMERICA (BAHAMAS)

3

OCEANIA

475

SOUTH AMERICA,

and the CARIBBEAN

575

In plain words: “chargeability area” means country of birth.

From the bulletin:

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to Section 573 of the Consolidated Appropriations Act, 2016 (Public Law 114-113), the non-minister special immigrant program expires on September 30, 2016. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2016. Visas issued prior to this date will only be issued with a validity date of September 29, 2016, 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, 2016.

The final action date for this category has been listed as “Unavailable” for October. If there is legislative action extending this category for FY-2017, 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 June 15, 2015 final action date.

Employment Fifth Preference Categories (I5 and R5):

Section 575 of the Consolidated Appropriations Act, 2016 (Public Law 114-113) extended this immigrant investor pilot program until September 30, 2016. The I5 and R5 visas may be issued until close of business on September 30, 2016, 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, 2016.

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-2017, 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 a February 22, 2014 final action date.

In plain words: “Current” (“C”) means open to everyone; “Unavailable” (“U”) means paused; “final action date” means approval date.

From the bulletin:

Worldwide dates:

F1: Three to five weeks

F2A: Up to one month

F2B: Up to one month

F3: Two to four weeks

F4: Three to five weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First : Current

Employment Second :

Worldwide: Current

China: Up to three months.

India: Up to four months.

Employment Third :

Worldwide: The rapid forward movement of this final action date during the past year should generate a significant amount of demand for numbers. When such demand begins to materialize it will be necessary to limit movement of this final action date.

China: Up to three months.

India: Up to one week.

Mexico: Will remain at the worldwide date.

Philippines: Up to three weeks

Employment Fourth : Current for most countries.

El Salvador, Guatemala, and Honduras: up to two months

Employment Fifth : The category will remain “Current” for most countries.

China-mainland born: Slow forward movement.

The above projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January based on current applicant demand patterns. Readers should never assume that recent trends in final action date movements are guaranteed for the future, or that "corrective" action will not be required at some point in an effort to maintain number use within the applicable annual limits. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.

In plain words: “Current” (“C”) means open to everyone; “final action date” means approval date.