The United States Department of State has released the March Visa Bulletin. A summary of forward movement in several categories can be found below, followed by the original text of this month’s Visa Bulletin.
AOS Filing Dates Update
Please note, USCIS announced February 20, 2018, that for March 2018 filing dates may be used for submitting family-based AOS applications in the United States, but employment-based applicants must use final action dates. The original USCIS post, March 2018 Filing Dates and Final Action Dates, can be found on their website.
March 2018 Visa Bulletin
22MAR05
Family-Based (Use Dates For Filing):
- F1: Mexico 1/11/96 to 9/8/97
- F2A: ALL 11/1/16 to 5/1/17
- F2B: unchanged
- F3: Mexico 10/1/95 to 4/1/97
- F4: China/All Other 11/15/04 to 1/22/05
In March, Dates For Filing for family-based visa applications of Mexican citizens moved up, from January 11, 1996 to September 8, 1997 in the F1 category, and from October 1, 1995 to April 1, 1997 in the F3 category. In addition, Dates For Filing for all applications in the F2A category moved up, from November 1, 2016 to May 1, 2017. The F2B category remained unchanged. Finally, in the F4 category, Chinese nationals and individuals falling under the “All other Chargeability” designation moved up from November 15, 2004 to January 22, 2005.
Employment-Based (Use Final Action Dates):
- Unchanged
- China 10/1/13 to 12/8/13, India 12/8/08 to 12/15/08
- China 9/15/14 to 11/15/14, India 12/1/06 to 1/1/07; Phil. 3/1/16 to 5/1/16
Other: China 2/1/07 to 3/1/07, India 12/1/06 to 1/1/07; Phil. 3/1/16 to 5/1/16 - Mexico 6/22/16 to 7/1/16
Religious: ALL U to C (except eSGH 12/1/15, Mexico 7/1/16) - (C5-T5): unchanged
(I5-T5): ALL U to C (except China 7/22/14)
For employment-based visas, Final Action Dates for individuals in the EB-1 and EB-5 (C5 and T5) categories remained unchanged. Final Action Dates for Chinese workers moved up, from October 1, 2013 to December 8, 2013 in the EB-2 category, from September 15, 2014 to November 15, 2014 in the EB-3 category, and from February 1, 2007 to March 1, 2007 in the Other Workers category. Final Action Dates for Indian nationals moved up as well, from December 8, 2008 to December 15, 2008 in the EB-2 category, and from December 1, 2006 to January 1, 2007 in the EB-3 and Other Workers categories. Furthermore, Final Action Dates for Philippine citizens moved up, from March 1, 2016 to May 1, 2016 in the EB-3 and Other Workers categories. Regarding category EB-4, Final Action Dates for Mexican visas moved up, from June 22, 2016 to July 1, 2016. Finally, dates for Religious Workers and EB-5 (I5 and R5) became authorized again.
The full text of the visa bulletin is below.
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during March 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 February 9th. 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, and PHILIPPINES.
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.
A. 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 earlier than the final action date listed below.)
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA | MEXICO | PHILIPPINES |
| F1 | 22MAR11 | 22MAR11 | 22MAR11 | 22JUL96 | 15OCT05 |
| F2A | 22MAR16 | 22MAR16 | 22MAR16 | 01MAR16 | 22MAR16 |
| F2B | 01MAR11 | 01MAR11 | 01MAR11 | 15OCT96 | 08SEP06 |
| F3 | 15DEC05 | 15DEC05 | 15DEC05 | 22JUN95 | 22MAR95 |
| F4 | 22AUG04 | 22AUG04 | 01FEB04 | 15NOV97 | 22NOV94 |
*NOTE: For March, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01MAR16. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR16 and earlier than 22MAR16. All F2A numbers provided for MEXICO are exempt from the 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 application 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 application 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 is earlier 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 | 01JAN12 | 01JAN12 | 01JAN12 | 08SEP97 | 01OCT07 |
| F2A | 01MAY17 | 01MAY17 | 01MAY17 | 01MAY17 | 01MAY17 |
| F2B | 01SEP11 | 01SEP11 | 01SEP11 | 01JAN97 | 01SEP07 |
| F3 | 01DEC05 | 01DEC05 | 01DEC05 | 01APR97 | 15JUN95 |
| F4 | 22JAN05 | 22JAN05 | 22JUN04 | 08FEB98 | 01MAR95 |
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. 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 earlier than the final action date listed below.)
| Employment- based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 08DEC13 | C | 15DEC08 | C | C |
| 3rd | C | 15NOV14 | C | 01JAN07 | C | 01MAY16 |
| Other Workers | C | 01MAR07 | C | 01JAN07 | C | 01MAY16 |
| 4th | C | C | 01DEC15 | C | 01JUL16 | C |
| Certain Religious Workers | C | C | 01DEC15 | C | 01JUL16 | C |
| 5th Non-Regional Center (C5 and T5) |
C | 22JUL14 | C | C | C | C |
| 5th Regional Center (I5 and R5) |
C | 22JUL14 | C | 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 application 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 application 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 is earlier 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 |
EL SALVADOR GUATEMALA HONDURAS |
INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 01FEB15 | C | 08FEB09 | C | C |
| 3rd | C | 01JAN16 | C | 01JAN08 | C | 01OCT16 |
| Other Workers | C | 01JUN08 | C | 01JAN08 | C | 01OCT16 |
| 4th | C | C | 15APR16 | C | C | C |
| Certain Religious Workers | C | C | 15APR16 | C | C | C |
| 5th Non-Regional Center (C5 and T5) |
C | 01SEP14 | C | C | C | C |
| 5th Regional Center (I5 and R5) |
C | 01SEP14 | C | C | C | C |
6. The Department of State has a recorded message with the Final Action date information which can be heard at: (202) 485-7699. This recording is updated on or about the tenth of each month with information on final action dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF MARCH
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2018 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For March, immigrant numbers in the DV category are available to qualified DV-2018 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 | 17,700 | Except: Egypt: 12,400 Ethiopia: 16,600 |
| ASIA | 4,400 | Except: Nepal: 3,875 |
| EUROPE | 13,800 | |
| NORTH AMERICA (BAHAMAS) | 8 | |
| OCEANIA | 800 | |
| SOUTH AMERICA, and the CARIBBEAN |
800 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2018 program ends as of September 30, 2018. DV visas may not be issued to DV-2018 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2018 principals are only entitled to derivative DV status until September 30, 2018. DV visa availability through the very end of FY-2018 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN APRIL
For April, immigrant numbers in the DV category are available to qualified DV-2018 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 | 21,100 | Except: Egypt: 14,500 Ethiopia: 20,100 |
| ASIA | 5,300 | Except: Nepal: 4,550 |
| EUROPE | 15,950 | |
| NORTH AMERICA (BAHAMAS) | 10 | |
| OCEANIA | 875 | |
| SOUTH AMERICA, and the CARIBBEAN |
925 |
D. SPECIAL IMMIGRANT (SI) TRANSLATOR CATEGORY VISA AVAILABILITY
Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early this year. As a result, it has been necessary to maintain a March Final Action Date of April 22, 2012. It is likely that number use will require the SI category to become “unavailable” in the coming months. Once the annual limit of 50 visas is reached, further issuances in the SI category will not be possible until October 2018, under the FY-2019 annual limit. The SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan is not affected and remains current.
E. VISA AVAILABILITY IN THE COMING MONTHS
Continued heavy applicant demand is expected to result in the Vietnam Employment Fifth preference category reaching the per-country annual limit during March. Once this happens the category will become subject to a final action date, and visa availability for the remainder of FY-2018 will be dependent upon the extent to which otherwise unused numbers are available.
F. SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
Employment Fourth Preference Certain Religious Workers (SR):
Pursuant to the continuing resolution, signed on February 9, 2018, the non-minister special immigrant program expires on March 23, 2018. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight March 22, 2018. Visas issued prior to this date will only be issued with a validity date of March 22, 2018, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight March 22, 2018.
If there is no legislative action extending this category for FY-2018, the final action date would immediately become “Unavailable” for March for all countries.
Employment Fifth Preference Categories (I5 and R5):
The continuing resolution signed on February 9, 2018 extended this immigrant investor pilot program until March 23, 2018. The I5 and R5 visas may be issued until close of business on March 23, 2018, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after March 23, 2018.
If there is no legislative action extending this category for FY-2018, the final action date would immediately become “Unavailable” for March for all countries.
The Visa Bulletin is published monthly by the U.S. Department of State. The current Visa Bulletin, and the archive of previous Visa Bulletins, can be found on their website.