Visa Bulletin January 2018: Welcome abroad

Ready to fly or would you be on stand-by? Priority dates have advanced and retreated in previous months. If you are among the lucky ones, have a safe flight and start your immigrant journey.


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Visa Bulletin January 2018: Welcome abroad
Written by Crispin Aranda.
Updated December 15, 2017 | United States of America

Ready to fly or on standby?

“Istambay” was a term I remember vividly when I was a teenager. My mother told me that if I don't pursue a college education, I will be like most male adults in town who just lounge around restaurants, bars, barber shops, plazas watching the world go by and time fly. 

They were unemployed and had nothing better to do, therefore, nowhere to go.

Later in life, after graduation and finding my niche as an Immigrant Advocate and International Visa Counselor (20 plus years of which were in the United States). I had the opportunity to travel frequently – coast to coast and from country to country.

In several instances, I had to list myself as a “chance passenger” which is the official term for passengers who do not have confirmed tickets but wish to take their chances in case passengers with a confirmed tickets do not show up.

The airline accepts a certain number of chance passengers to ensure that the flight would have the most passengers instead of taking off with a lot of empty seats.  Better to overbook than overspend.

Fifteen minutes before boarding time, if the passengers with confirmed tickets are no shows, then the airline starts taking in chance passengers, issuing tickets on a first-come, first reserved basis.  Depending on how many ticket holders show up, a specific flight may be able to take in all the chance passengers, some, or just a few.

When confirmed ticket holders show up, the standby passengers may opt to be hance passengers again on the next flight, on the same day – or just wait for the flight where they have confirmed tickets and seat assignments.

Stand by I believe became the Tagalog word for Istambay.

Immigrant visa applicants are like airline passengers.  There are those with confirmed tickets for specific dates, time, and terminal assignment.

A person with an approved immigrant visa petition in any of the Family-sponsored or Employment-based categories has a priority date or "flight schedule" if you will.  This is the date the petition was filed by the U.S. citizen or green card holder relative with the U.S. Citizenship and Immigration Services (USCIS) – formerly known as the Immigration and Naturalization Service (INS).

The specific date the petition is received at the designated USCIS office and deemed complete is the priority date.

Each month, the Department of State issues the Visa Bulletin showing which priority dates in each of the categories are current.  The priority date becomes current if immigrant visa numbers become available for a specific preference category. Visas become available if there are sufficient visas allocated for the country's visa applicants in any given month. If there are more appllicants than visas available for one or two preference categories, those categories are considered "oversubsribed." 

Visa Bulletin for January 2018

The priority dates for January next year is shown in the Final Action Dates chart below and compared with the dates in the same month of years 2012 and 2014 to show how fast – or slow – the pace had been.

From December this year to January 2018, the EB3 categories moved back six months. The F1 (over 21 unmarried sons and daughters of US Citizens) and F2B (over 21 unmarried sons and daughters of green card holders) remained the same. F3 (married sons and daughters of US Citizens moved forward just a week while brothers and sisters of US citizens (F4) advanced by a month. To these applicants with confirmed tickets/priority dates, welcome abroad.

Family-
Sponsored 

All Chargeability 
Areas Jan.2018

JAN. 2012

JAN. 2014

DEC.2017

JAN. 2018 

F1

15MAR11

15APR97

01JUL01

01JAN05

01JAN05

F2A

01FEB16

22APR09

08SEP13

22DEC15

01FEB16

F2B

01DEC10

01SEP01

01MAY03

01JUL06

01JUL06

F3

08OCT05

15JUL92

01FEB93

08MAR95

15MAR95

F4

22JUN04

08OCT88

01JUL90

01AUG94

01SEP94

EB3

Current

01FEB06

15FE3B07

01AUG`16

15FEB16

OW

Current

01FEB06

15FEB07

01AUG16

15FEB16

Country allocation and flight capacity

The United States admits an average of one million immigrants or permanent residents a year, based on existing immigration and visa laws.

While there are set limits (quotas or caps) in the preference categories, “immediate relatives” of U.S. citizens are not subject to numerical limits. These are the spouses, minor children (unmarried, below 21 years of age) and parents of U.S. citizens. The 5th Employment-based categories could be considered the First-Class passengers, the EB1 and EB2 the business class while the EB3 would be Premium Economy together with the F2A (spouses, minor children of green card holders).  The rest – F1, F2B, F3 and F4 occupy the varying economy seats.

Visa beneficiaries (the persons being sponsored or petitioned) in the Family or Employment-preference categories are subject to the per country allocation which is 25,620 a year.

As the Visa Bulletin explains: “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.”

So, every year, immigrant visa applicants (in the preference categories) from the Philippines are limited to only 25,620. It is like a monthly flight schedule that allows only 2,135 confirmed ticket holders. This translates to approximately 534 passengers a week or only 76 a day.

For 2017 the DATES FOR FILING APPLICATIONS sped up and sputtered. From January to April, the cut-off dates remained stagnant, experienced a spurt in May then stood still September.  In October, the dates moved an average of about a month until December 2017.

For those who submitted NBI clearances, they may have to submit new ones when their priority date becomes current.

Family-
Sponsored 

Jan-April

May-Sep

Oct-Dev 

F1

1-May-06

8-Sep-07

1-Oct-07

F2A

22-Nov-15

8-Apr-16

1-Nov-16

F2B

1-Feb-07

22-Jul-07

1-Sep-07

F3

1-Jan-95

1-Mar-95

16-Jun-95

F4

1-Apr-94

8-Feb-95

1-Mar-85

Country conditions affect passenger seats

It is a proven and historical fact that if visa beneficiaries are economically established in their countries of origin, the push factor, or the desire to avail of their immigrant visas is not that strong.  On the other hand, if employment and career opportunities are severely limited or virtually non-existent, or if there is war, famine, natural calamities, persons with approved immigrant visa petitions make sure their visa applications are ongoing and issued. Since they have confirmed tickets, when their priority dates or flight schedules come up, they can simply board Uncle Sam’s Airlines.

The countries with a history of oversubscription of visa applicants or passengers are Mexico, mainland China, the Philippines and India. Countries with strong economies, where human and civil rights are respected, and rule of law prevails retain their best and brightest minds. Citizens of these countries may apply for tourist or student visas to improve their career back home, but store their immigrant visa applications in the freezer.

Because the Immigration Act of 1965 opened the U.S. migration doors to nationals of Asia and Latin American countries. In 1990 concerned that there are not enough immigrants from Europe, the U.S. created the Diversity Visa program which allocated 50,000 permanent residency seats to countries with low-immigration-to-the-U.S. numbers.  The program however attracted applicants from poorer Eastern European countries including Uzbekistan where Sayfullo Saipov came from. Saipov launched a truck-terror attack in downtown New York in November this year killing 8 people and injuring 12 others.

If European countries like France, Germany, UK, Japan, Singapore or Canada do not use their 25,620 visa allocation, then a lot of chance passenger seats open. Stand-by ticket holders from the Philippines, China, Mexico or India could be on the next visa flight.

Conversely, even if visa applicants from the Philippines or other oversubscribed countries have been issued stand-by tickets, they can still get bumped off the flight or off-loaded when the actual ticket holders show up.

All things considered, immigrant visa applicants whose priority dates appear on the Visa Bulletin’s 2nd chart (Dates for Filing Visa Applications) must continue to prepare their documents to ensure that they have what they need when their visa flights are finally cleared for take-off.

Got a question? Let us know - we're here to help.

About the Author

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.

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