January 2019 Visa Bulletin

From the bulletin:

This bulletin summarizes the availability of immigrant numbers during January 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 December 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, PHILIPPINES, and VIETNAM.

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 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

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

From the bulletin:

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution, signed on December 7, 2018, the non-minister special immigrant program expires on December 21, 2018. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 20, 2018. Visas issued prior to this date will only be issued with a validity date of December 20, 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 December 20, 2018.

The final action date for this category has been listed as “Unavailable” for January. If there is legislative action extending this category for FY-2019, the final action date would immediately become “Current” for January for all countries except El Salvador, Guatemala, and Honduras which would be subject to a February 22, 2016 final action date, and for Mexico which would be subject to an April 15, 2017 final action date.

Employment Fifth Preference Categories (I5 and R5):

The continuing resolution signed on December 7, 2018 extended this immigrant investor pilot program until December 21, 2018. The I5 and R5 visas may be issued until close of business on December 21, 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 December 21, 2018.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for January. If there is legislative action extending them for FY-2019, the final action dates would immediately become “Current” for January 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 1, 2016 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:

The National Visa Center has provided the totals of applicants who are registered in the various numerically-limited immigrant categories for processing at overseas posts. This information is available on the Consular Affairs www.travel.state.gov website. The direct link to the item is:

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf