December 2019 Visa 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, 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.

For January , 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

19,000

Except: Egypt 10,000

ASIA

8,200

Except: Iran 5,100

Nepal 6,500

EUROPE

10,300

NORTH AMERICA (BAHAMAS)

8

OCEANIA

1,200

SOUTH AMERICA,

and the CARIBBEAN

1,075

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution (H.R. 4378 - Continuing Appropriations Act, 2020, and Health Extenders Act of 2019), signed on September 27, 2019, the non-minister special immigrant program expires on November 21, 2019. No SR visas may be issued overseas or final action taken on adjustment of status cases after midnight, November 20, 2019. Visas issued prior to this date will only be issued with a validity date of November 20, 2019 and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight, November 20, 2019.

The final action date for this category has been listed as “Unavailable” for December for all countries.

If there is legislative action extending this category for FY 2020, the final action date would immediately become “Current” for December for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a July 1, 2016 final action date, and Mexico, which would be subject to a July 22, 2017 final action date.

Employment Fifth Preference Categories (I5 and R5):

Pursuant to the continuing resolution (H.R. 4378 - Continuing Appropriations Act, 2020, and Health Extenders Act of 2019), signed on September 27, 2019, the immigrant investor pilot program is extended until November 21, 2019. The I5 and R5 visas may be issued until close of business on November 21, 2019, 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 November 21, 2019.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for December.

If there is legislative action extending the categories for FY 2020, the final action dates would immediately become “Current” for December for all countries except China-mainland born I5 and R5, which would be subject to a November 15, 2014 final action date; India I5 and R5, which would be subject to a January 1, 2018 final action date; and Vietnam I5 and R5, which would be subject to a December 1, 2016 final action date.

In recent weeks there has been a steadily increasing level of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services. Continuation of the current demand pattern would require the establishment of final action dates in the Employment Second, Third, and Third Other Worker preference categories as early as January. Such action would be required in an effort to hold number use within those FY 2020 annual limits.