IMMIGRATION UPDATE

            The State Department publishes the visa bulletin every month to inform intending immigrants the availability of visa numbers in different preference categories.  Because the numbers of immigrants who may enter the U.S. are limited by law, certain categories of applicants sometimes have to wait for many years before they can immigrate to the U.S.  For example, the Department of State has determined the family preference numerical limits for FY-2009 is 226,000 and the employment preference numerical limits for FY-2009 is 140,000.  Additionally, under Section 202(A) of the Immigration and Nationality Act, there is a per-country limit fixed at 7% of the family and employment annual limits.  For FY-2009 the per-country limit is 25,620. 

            For August 2009, the most notable change is the second preference category in employment immigration, which jumps by close to four years to October 2003 from January 2000 last month for China and India.  All other first and second preference categories including the Philippines remain current, meaning that the applicants are eligible to receive a visa number now. Unfortunately, employment third preference remains unavailable for professionals, skill workers, and other workers in all areas.

            On the family side, there is some nice overall advancement for most preference categories.  For the Philippines, for example, all family categories advance one month except F1 (unmarried sons and daughters of U.S. citizens), which retains the same cutoff date of September 1, 1993.  Other preference categories have moved up for more than one month such as F1 for China, India and Other Areas; and F2A and F4 for Mexico.  As we move towards the end of the fiscal year, the State Department will attempt to use up all the remaining visa numbers available. 

            In August, the Diversity Visa category continues to be available to winners of the visa lottery in the DV-2009 program.  The lottery winners will receive notification from the State Department or may check the result electronically by accessing the State Department website.  The 2009 annual limit has been set to 50,000.  DV visas are divided among six geographic regions with no one country receiving more than seven percent of the available visas in any one year. Countries which are deemed to have sent enough immigrants to the U.S. including China, India, the Philippines, Mexico, etc., are not eligible to apply.  However, if nationals from these countries, their spouses, or their parents were born in other eligible countries, they may still be eligible to apply. 

1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).

2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of residents.

2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of residents.

3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)

4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

Sch A: RN/Physical Therapist & Exceptional Ability

4th: "Special Immigrants" (Religious & others)

5th: Employment Creation (Investors)