July 2019 Visa Bulletin

From the bulletin:

This bulletin summarizes the availability of immigrant numbers during July 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 June 6th . 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 August , 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

CURRENT

ASIA

CURRENT

EUROPE

CURRENT

NORTH AMERICA (BAHAMAS)

CURRENT

OCEANIA

CURRENT

SOUTH AMERICA,

and the CARIBBEAN

CURRENT

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

From the bulletin:

F2A: This category has become "Current" for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit. Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

In plain words: “Current” (“C”) means open to everyone.

From the bulletin:

As the end of the fiscal year approaches, it has been necessary to retrogress the Mexico F1, F3, F4, E4, and SR final action dates for July to keep issuances within the annual numerical limits. With the start of the new fiscal year in October, the final action dates will be returned to the latest dates established during FY-2019.

In plain words: “retrogress” means move back; “final action date” means approval date.

From the bulletin:

As readers were advised might happen in item E of the June Visa Bulletin, India and Vietnam will each reach their per-country annual limit during July. This has resulted in the Vietnam date being held, and has required the imposition of a July final action date for India.

For August, both countries will become subject to the same final action date which applies to China-mainland born Employment Fifth preference (E5) applicants, and they will be for the remainder of the fiscal year.

Such action will only be temporary, with the E5 date for each advancing for October, the first month of fiscal year 2020, as follows:

India: Most likely advancing to the summer or fall of 2017.

Vietnam: Most likely advancing to the fall or early winter of 2016.

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

From the bulletin:

Worldwide dates:

F1: Up to five weeks

F2A: CURRENT

F2B: Up to six weeks

F3: Up to six weeks

F4: Up to one month

EMPLOYMENT-based categories (potential monthly movement)

Employment First :

WORLDWIDE: Little if any forward movement. Increased demand may require temporary corrective action for September

China: Little if any forward movement

India: No forward movement. The date will return to February 22, 2017 for October

Employment Second :

Worldwide: Expected to remain Current, but temporary corrective action may be required for September

China: Up to four months

India: Up to one week

Employment Third :

Worldwide: Expected to remain Current, but temporary corrective action may be required for September

China: Up to several months

India: Little if any forward movement

Mexico: Will remain at the Worldwide date

Philippines: Will remain at the Worldwide date

Employment Fourth : Current for most countries

El Salvador, Guatemala, Honduras, and Mexico: Little if any movement through September.

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

China: Too early to predict whether it will be possible to advance the China date prior to October.

India and Vietnam will be subject to the same date as China during August and September.

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