February 2019 Visa 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 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 March , 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

15,300

Except: Egypt 12,600

ASIA

5,000

Except: Iran 4,600

Nepal 3,400

EUROPE

13,500

NORTH AMERICA (BAHAMAS)

12

OCEANIA

550

SOUTH AMERICA,

and the CARIBBEAN

750

Employment Fourth Preference Certain Religious Workers (SR):

With the expiration of the continuing resolution on December 21, 2018 authorization for the non-minister special immigrant program has lapsed. No SR visas may be issued overseas, or final action taken on adjustment of status cases. Therefore, the final action date for this category has been listed as “Unavailable” for February.

If there is legislative action extending this category for FY-2019, 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 March 1, 2016 final action date, and for Mexico which would be subject to a September 1, 2017 final action date.

Employment Fifth Preference Categories (I5 and R5):

With the expiration of the continuing resolution on December 21, 2018 authorization for the immigrant investor pilot program has lapsed. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases. Therefore, 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-2019, the final action dates would immediately become “Current” for February 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 15, 2016 final action date.

Worldwide dates (except oversubscribed countries):

F1: Up to five weeks

F2A: Up to one month

F2B: Up to two months

F3: Up to two weeks

F4: Up to six weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First :

WORLDWIDE (most countries): Up to two months.

China and India: Up to one month.

Employment Second :

Worldwide: Current for the foreseeable future.

China: Up to three months.

India: Up to one week

Employment Third :

Worldwide: Current

China: Up to three weeks.

India: Up to three months.

Mexico: Current

Philippines: Rapid movement to generate demand.

Employment Fourth : Current for most countries.

El Salvador, Guatemala, and Honduras: Up to one week.

Mexico: Rapid forward movement until limit is reached.

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

China-mainland born: Up to one week.

Vietnam: Up to three weeks.

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables. It is also important to remember that by no means has every applicant with a priority date earlier than a prevailing final action date been processed for final visa action, with applicants often processing at their own initiative and convenience.