November 2015 Visa Bulletin: Two Priority Dates Continue

 

While there is a petition seeking to clarify – if not nullify – the two chart priority dates for the monthly Visa Bulletin, November 2015’s priority dates were published by the Visa Office of the State Department.

The key words in checking when you should have an immigrant visa interview date and when you could start submitting documents to initiate visa processing are “Final” and “Filing.”

The cut-off dates indicated in the first chart - “A.  APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES indicate that visa applicants with priority dates on or earlier than that shown in their specific category should already have their documents submitted, all visa fees paid and are, therefore, documentarily qualified (DQ).

As DQ, an applicant must have received notice of the visa interview schedule.  Not taking action within a year from being notified of the visa being available could result in cancellation of the visa application.

The second chart – “B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS” gives notice to visa applicants that they can start submitting document to establish eligibility for the visa category.  The documents include evidence of nationality and identity, genuine relationship with the petitioner, evidence of the petitioner’s financial condition,  completed online immigrant visa applications and police clearances.

Until an applicant’s priority date becomes current on the Final Action Dates, the applicant would nt receive a notice of immigrant visa interview.  Since some key documents – such as the NBI clearance and NSO-issued records expire, the principal applicant and the other eligible visa beneficiaries must be ready to present new, current and valid documents immediately prior to the interview.


A.  APPLICATION FINAL ACTION DATES FOR
     FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)

Family-Sponsored

All Chargeability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPPINES

F1

22FEB08

22FEB08 

22FEB08

01DEC94

01JUN02

F2A

15MAY14

15MAY14

15MAY14

01APR14

15MAY14

F2B

08FEB09

08FEB09

08FEB09

22AUG95 

01NOV04

F3

15JUN04

15JUN04

15JUN04

15JUN94

08OCT93

F4

01MAR03

01MAR03

01MAR03

01APR97

15JUN92

*NOTE: For November, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 01APR14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01APR14 and earlier than 15MAY14. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)



B.  DATES FOR FILING FAMILY-SPONSORED
     VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

Family-
Sponsored

All Chargeability
Areas Except
Those Listed

CHINA-
mainland
born

INDIA

MEXICO

PHILIPPINES

F1

01MAY09

01MAY09

01MAY09

01APR95

01SEP05

F2A

01MAR15

01MAR15

01MAR15

01MAR15

01MAR15

F2B

01JUL10

01JUL10

01JUL10

01APR96

01MAY05

F3

01APR05

01APR05

01APR05

01MAY95

01AUG95

F4

01FEB04

01FEB04

01FEB04

01JUN98

01JAN93

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 


EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  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 Pub. L. 102-395.



A.  APPLICATION FINAL ACTION DATES FOR
     EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA - mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

01FEB12

01AUG06

C

C

3rd

15AUG15

01JAN12

01APR04

15AUG15

15JUN07

Other Workers

15AUG15

01APR06

01APR04

15AUG15

15JUN07

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Non-Regional
Center
(C5 and T5)

C

22NOV13

C

C

C

5th
Regional
Center
(I5 and R5)

C

22NOV13

C

C

C

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.



B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

Employment-
Based

All Chargeability
Areas Except
Those Listed

CHINA-
mainland
born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

01JAN13

01JUL09

C

C

3rd

01SEP15

01OCT13

01JUL05

01SEP15

01JAN10

Other Workers

01SEP15

01JAN07

01JUL05

01SEP15

01JAN10

4th

C

C

C

C

C

Certain Religious
Workers,

C

C

C

C

C

5th Non-Regional
Center (C5 and T5)

C

01MAY15

C

C

C

5th Regional Center
(I5 and R5)

C

01MAY15

C

C

C

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