November 2009 Visa Bulletin and your Priority Date - Atty. Mike Templo
By Atty. Mike Templo | 10/27/2009 12:27 AM
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A visa bulletin is published every month by the US Department of Homeland Security summarizing the available immigrant visa numbers for the current month for each preference category for the Family-sponsored and Employment-based petitions. The date listed in each category is called the “PRIORITY DATE”. This refers to which petitions filed are currently being processed. For example, if the priority date this month for a certain preference category is November 2, 1986, this means that as of today, the petitions that were filed on November 2, 1986 are the petitions being processed this month. Presumably this means that if you file a petition today for that same preference category, you would have to wait approximately 23 years for your immigrant visa!
Applicants who have a priority date earlier than the cut-off date may be allotted a visa number. When a cut-off date retrogresses, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
When your priority date becomes current, the National Visa Center will initiate the Immigrant Visa processing procedure by sending you a Choice of Agent letter, then a Fee Bill requesting you to make your payment for the IV processing, then you will be required to submit certain documents and the petitioner’s affidavit of support. When all of the above is completed, you will be instructed to go for your Medical Examination and then Visa Interview at the US Embassy.
The annual minimum family-sponsored preference limit is 226,000 as set by Section 201 of the Immigration and Nationality Act. At least 140,000 is the worldwide level for annual employment-based preference immigrants. Under Section 202 of the Immigration and Nationality Act, the per-country limit for preference immigrants is 7% of the total annual family-sponsored and employment-based limits.
Under Section 203 of the Immigration and Nationality Act sets the number of immigrant visas allotted per family-sponsored preference categories.
First Family-Sponsored Preference or F1 is for Unmarried Sons and Daughters of US Citizens: 23,400 plus any numbers not required for fourth preference category are allotted visas. This category moved approximately 14 days from October 8, 1993 to October 22, 1993.
Second Family-Sponsored Preference is for Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents in which 114,200 numbers are allotted, plus if there is any excess of the worldwide family preference level of 226,000 and any unused first preference category numbers:
For Spouses and Children of Permanent Residents or F2A, 77% of the overall second preference limitation are allotted visas, of which 75% are exempt from the per-country limit. This category moved approximately 2 months and 15 days June 1, 2005 to August 15, 2005.
For Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents or F2B, 23% of the overall second preference limitation are allotted visas. This category moved approximately 15 days from May 1, 1998 to May 15, 1998.
Third Family-Sponsored Preference is for Married Sons and Daughters of Citizens or F3, 23,400, plus any numbers not required by first and second preference categories are allotted visas. This category moved approximately 7 days from October 15, 1991 to October 22, 1991.
Fourth Family-Sponsored Preference is for Brothers and Sisters of Adult Citizens or F4, 65,000, plus any numbers not required by first three preference categories are allotted visas. This category moved approximately 1 month and 15 days from December 1, 1986 to January 15, 1987.
Section 203 of the Immigration and Nationality Act also sets the number of immigrant visas allotted per employment-based preference categories.
First Employment-Based Preference is for Priority Workers or EB1, 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preference categories are allotted visas. This category is CURRENT, which means that the waiting time is only for processing, and not for visa numbers to be made available.
Second Employment-Based Preference is for Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability or EB2, 28.6% of the worldwide employment-based preference level, plus any numbers not used for the first preference category are allotted visas. This category is CURRENT, which means that the waiting time is only for processing, and not for visa numbers to be made available.
Third Employment-Based Preference is for Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preference categories, not more than 10,000 to "Other Workers". This category remained the same from last month at June 1, 2002.
Fourth Employment-Based Preference is for Certain Special Immigrants, 7.1% of the worldwide level are allotted visas. This category, which was unavailable last month is now CURRENT.
Fifth Employment-Based Preference is for Employment Creation or Investors or EB5, 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395 are allotted visas. This category is CURRENT, which means that the waiting time is only for processing, and not for visa numbers to be made available.
Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo www.templolaw.com with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. Atty. Mike Templo is also a host for the weekly show “Crossing Borders” which airs on ANC in Manila and TFC around the world. crossingborderstv.multiply.com.
The discussion above is for informational purposes only and not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at info@templolaw.com or log on to www.templolaw.com.
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