February 2018 Visa Bulletin

From the bulletin:

This bulletin summarizes the availability of immigrant numbers during February 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 January 11th . 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 March , immigrant numbers in the DV category are available to qualified DV-2018 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

17,700

Except:

Egypt: 12,400

Ethiopia: 16,600

ASIA

4,400

Except:

Nepal: 3,875

EUROPE

13,800

NORTH AMERICA (BAHAMAS)

8

OCEANIA

800

SOUTH AMERICA,

and the CARIBBEAN

800

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

From the bulletin:

Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early this year. As a result, it has been necessary to establish a February Final Action Date of April 22, 2012. It is likely that number use will require the SI category to become “unavailable” in the coming months. Once the annual limit of 50 visas is reached, further issuances in the SI category will not be possible until October 2018, under the FY-2019 annual limit. The SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan is not affected and remains current.

In plain words: “Unavailable” (“U”) means paused; “final action date” means approval date.

From the bulletin:

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution, signed on December 22, 2017, the non-minister special immigrant program expires on January 19, 2018. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight January 18, 2018. Visas issued prior to this date will only be issued with a validity date of January 18, 2018, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight January 18, 2018.

The final action date for this category has been listed as “Unavailable” for February. If there is legislative action extending this category for FY-2018, 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 December 1, 2015 final action date, and for Mexico which would be subject to a June 22, 2016 date.

Employment Fifth Preference Categories (I5 and R5):

The continuing resolution signed on December 22, 2017 extended this immigrant investor pilot program until January 19, 2018. The I5 and R5 visas may be issued until close of business on January 19, 2018, 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 January 19, 2018.

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-2018, the final action dates would immediately become “Current” for February for all countries except China-mainland born I5 and R5 which would be subject to a July 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: Up to one month

F2A: Three to five weeks

F2B: Three to six weeks

F3: Up to five weeks

F4: Up to three weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First : The category will remain “Current” for all countries for the next several months.

Employment Second :

Worldwide: Current

China: Several months

India: Up to two weeks

Employment Third :

Worldwide: Current

China: Up to five months

India: One to three months

Mexico: Current

Philippines: Up to one month

Employment Fourth : Current for most countries

El Salvador, Guatemala, Honduras: Up to three weeks

Mexico: Some forward movement

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

China-mainland born: Little if any forward movement.

Vietnam: Will become subject to a final action date no later than April. The China-mainland born and Vietnam Employment Fifth preference dates would be the same.

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through April and May 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.