December 2016 Visa Bulletin

From the bulletin:

This bulletin summarizes the availability of immigrant numbers during December 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 November 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 January , 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

25,800

Except:

Egypt: 12,700

Ethiopia: 14,700

ASIA

4,000

Except:

Iran: 3,600

Nepal: 2,750

EUROPE

15,900

NORTH AMERICA (BAHAMAS)

6

OCEANIA

650

SOUTH AMERICA,

and the CARIBBEAN

775

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

From the bulletin:

There continues to be high demand in the E4 and SR categories, primarily for Juvenile Court Dependent cases filed with U.S. Citizenship and Immigration Services for adjustment of status. Therefore, it has been necessary to impose Mexico E4 and SR Final Action Dates in an attempt to hold number use within the maximum allowed under the FY-2017 annual limits.

In plain words: “final action date” means approval date.

From the bulletin:

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the 10-week continuing resolution signed on September 29, 2016, the non-minister special immigrant program expires on December 9, 2016. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 8, 2016. Visas issued prior to this date will only be issued with a validity date of December 8, 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 December 8, 2016.

The final action date for this category has been listed as “Current” for December for all countries except El Salvador, Guatemala, Honduras, and Mexico, which are subject to a July 15, 2015 final action date for December. If there is no legislative action extending this category for FY-2017, the final action date would immediately become “Unavailable” for December for all countries effective December 10, 2016.

Employment Fifth Preference Categories (I5 and R5):

The 10-week continuing resolution signed on September 29, 2016 extended this immigrant investor pilot program until December 9, 2016. The I5 and R5 visas may be issued until close of business on December 9, 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 December 9, 2016.

The final action dates for the I5 and R5 categories have been listed as “Current” for December for all countries except China-mainland born, which is subject to a March 22, 2014 final action date. If there is no legislative action extending them for FY-2017, the final action dates would immediately become “Unavailable” for December for all countries effective December 10, 2016.

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

From the bulletin:

The level of demand in many Employment-based categories for cases filed with U.S. Citizenship and Immigration Services for adjustment of status increased significantly late last winter. Those levels have been sustained, and at this time there are no signs that demand is diminishing. The following updates to previous projections regarding visa availability are being announced in an effort to provide the maximum amount of advance notice:

First: Current during the coming months. However, it will be necessary to impose a Final Action Date for China-mainland born and India at some point.

Second: Current for the foreseeable future. But, based on the current demand pattern it appears likely that it will be necessary to impose a Worldwide, Mexico, and Philippines Final Action Date no later than July.

Third: The level of demand appears to be increasing at the long-anticipated rate. Therefore, this date has been held for December, and is likely to hold once again for January, while determining if this increased level will be sustained.

- INDIA Third: Movement of this date will be limited to one week, then the date will hold for several months, then move one week, then likely to hold.

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

From the bulletin:

Have you checked your Diversity Visa (DV) 2017 status recently? Additional entrants were added to “selected” status in September! Check your status using your unique confirmation number on the Entrant Status Check (ESC) website www.dvlottery.state.gov .

Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate. www.dvlottery.state.gov