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Employment-Based Preferences


U.S. Department of State - Priority Dates for February 2012
NOTE: This information has been obtained from the Department of State Visa Bulletin.

Employment-Based All Chargeability Areas Except Those
Listed
CHINA- mainland born INDIA MEXICO PHILLIPINES
1st C C C C C
2nd C 01JAN10 01JAN10 C C
3rd 22FEB06 01DEC04 15AUG02 22FEB06 22FEB06
Other Workers 22FEB06 22APR03 15AUG02 22FEB06 22FEB06
4th C C C C C
Certain Religious Workers C C C C C
5th/ Targeted Employment Areas/Regional Centers and Pilot Programs C C C C C

"C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

1st:   Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
2nd:   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.
3rd:   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".
4th:   Certain Special Immigrants: 7.1% of the worldwide level.
5th:   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 P.L. 102-395.

*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.

VISA AVAILABILITY IN THE COMING MONTHS

Employment First: Current

Employment Second: China and India: Reports from U.S. Citizenship and Immigration Services (USCIS) indicate that the rate of new filings for adjustment of status in recent months has been extremely low. This fact has required the continued rapid forward movement of the cut-off date, in an attempt to generate demand and maximize number use under the annual limit. Once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off. Readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility.

Employment Third:
Worldwide: up to one month
China: up to one month
India: up to two weeks
Mexico: up to one month
Philippines: up to one month

Employment Fourth: Current

Employment Fifth: Current

Please be advised that the above ranges are only estimates for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand which can occur at any time. Those categories with a “Current” projection will remain so for the foreseeable future.

This information is available on the Consular Affairs www.travel.state.gov web site. Once at that site, select “Visas” from along the top line, then on the left side select “Visa Statistics”, then Immigrant Visas”, then under the Hot Items select the “Annual IV Waiting List Report


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