Visa Bulletin for July 2011

Number 34
Volume IX
Washington, D.C.

A.	STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by June 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

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, 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.

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 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.)

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	08MAR93	15APR96
F2A	22MAR08	22MAR08	22MAR08	15FEB08	22MAR08
F2B	01JUL03	01JUL03	01JUL03	22SEP92	22SEP00
F3	15JUL01	15JUL01	15JUL01	15NOV92	22MAR92
F4	08MAR00	08MAR00	08MAR00	01MAR96	15MAY88

*NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15FEB08. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15FEB08 and earlier than 22MAR08. (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.)

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 P.L. 102-395.

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 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.)

Employment- Based	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08MAR07	08MAR07	C	C
3rd	08OCT05	01JUL04	01MAY02	01JUL05	08OCT05
Other Workers	22NOV04	22APR03	01MAY02	22NOV04	22NOV04
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

*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.

6. The Department of State has a recorded message with visa availability information which can be heard at:             (202) 663-1541      . This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B.	DIVERSITY IMMIGRANT (DV) CATEGORY

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-2011 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 July, immigrant numbers in the DV category are available to qualified DV-2011 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	Except
AFRICA	57,600	Egypt 35,000 Ethiopia 30,650 Nigeria 18,500
ASIA	33,775
EUROPE	33,000	Uzbekistan 28,200
NORTH AMERICA (BAHAMAS)	12
OCEANIA	1,400
SOUTH AMERICA, and the CARIBBEAN	1,400

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-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.	ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN AUGUST

For August, immigrant numbers in the DV category are available to qualified DV-2011 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	Except
AFRICA	71,800	Ethiopia 32,400
ASIA	39,750
EUROPE	CURRENT	Uzbekistan UNAVAILABLE
NORTH AMERICA (BAHAMAS)	CURRENT
OCEANIA	CURRENT
SOUTH AMERICA, and the CARIBBEAN	CURRENT

Two Former INS General Counsel Discuss Executive Branch Immigration Authority

Despite being one of the most-discussed issues in contemporary politics, immigration reform has been at a relative standstill at the federal level for almost a decade. But two former U.S. Immigration and Naturalization Service General Counsels argue that the executive branch of the government can actually implement change without waiting for Congress to pass a bill.

Bo Cooper, Esq. and Paul Virtue, Esq., both former INS General Counsels, recently stated that law enforcement authority to use discretion in investigations and prosecutions is not just possible; it is “fundamental to the American legal system.” The legal system permits law enforcement officers and other executive branch members such as the President and the Department of Homeland Security discretion to decide whether to deport illegal immigrants in most cases.

“The executive branch has more authority in immigration matters than its is willing to exercise. It could expand Parole-in-Place and permit persons who merit the favorable exercise of discretion to remain in the U.S., and even be able to adjust their status to that of lawful permanent residence if its chooses. Or it could defer action against persons meriting such discretion to remain in the U.S. by a formal application process,” says Dallas immigration attorney Stewart Rabinowitz of the firm of Rabinowitz & Rabinowitz, P.C.

The executive branch often grants a case “deferred action” and chooses not to prosecute certain illegal immigrants, even though they are otherwise deportable. The DHS secretary has previously granted this to widows of U.S. citizens who could not adjust their status due to their spouse’s death. Over 12,000 individuals who were applicants for the Violence Against Women Act were also granted deferred action in 2010.

The President can take action to change immigration law with a “signing statement.” Presidents George H.W. Bush, Clinton, George W. Bush and Obama have all issued signing statements in the past, many of them relating to immigration, and President Obama could choose to enact further changes if he chooses.

“For a significant minority of cases, it is tragic that the executive branch chooses exercise its power so stingily, and looks only to Congressional action as a means to implement any significant change,” Rabinowitz says.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

USCIS Releases Data on Naturalization for 2010

The United States Citizenship and Immigration Services recently released its annual report regarding naturalization in the U.S. for the 2010 year.

The data shows that naturalization has declined by approximately 426,000 since 2008. The total number of persons naturalized has also consistently declined since 2008 from every region of the world except for Africa. USCIS opines that the declining rates do not suggest a historical trend, but that the 2008 rates were caused by a surge due to an impending filing fee increase for naturalization applications, and the current figures reflect that year’s surge.

“USCIS recognizes that there are year to year fluctuations in the number of people naturalizing and cautions against drawing conclusions based on data over the short three year period covered in the report,” said Dallas immigration attorney Stewart Rabinowitz of the firm of Rabinowitz & Rabinowitz, P.C. “One explanation in the decline in naturalization numbers may be attributed to the high USCIS naturalization filing fee of $680 at a time of high unemployment during the current recession.”

The data also shows continued trends seen over the past several decades. Prior to the 1970s, most of those naturalizing were of European descent. Since 1976, persons from Asia have led persons from other regions in U.S. naturalization rates. This change occurred largely because of the increased immigration from Asian countries, from Vietnamese refugees during the Vietnam war, and because persons from Asian are more likely to seek U.S. naturalization than those from European, according to the report. Forty-one percent of those naturalized in 2010 were Asians.

The report attributes the growth of naturalization of those from Africa to the elimination of the annual limit of 10,000 asylum status adjustments that occurred in 2005. One in six originally from Africa who naturalized in the U.S. had held held asylum status.

Mexico led other countries in the number of persons naturalized with 67,062. India ranked second with 61,142, and the Philippines and China rank third and fourth with around 35,000 persons naturalized each. Women accounted for about one-third of all persons naturalized, and more than half of all persons naturalized were between 25 and 44 years old. Two-thirds were married.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

Supreme Court Upholds Arizona Law Penalizing Enployers who Employ Unauthorized Workers and Sustains Mandatory Use of E-Verify

The U.S. Supreme Court has upheld an Arizona law which penalizes employers who knowingly employ unauthorized workers by suspending or revoking the employer’s state business licenses, as falling within an exception provided within existing federal immigration legislation. The exception permits states to impose sanctions against such employers through licensing and similar laws.  The court’s decision also permits Arizona to make mandatory the voluntary federal program known as E-Verify.

As background, in 1986, Congress enacted the Immigration Reform and Control Act. This comprehensive legislation created a federal scheme imposing requirements on all employers in the U.S. to make  certifications regarding each new employee and requiring that all future employees prove their identity and work authorization within the first few days of hire, to prevent the employment of unauthorized workers.  Arizona enacted the Legal Arizona Workers Act in 2007 as an additional penalty against employers who knowingly hire unauthorized workers.  Arizona employers who knowingly hire such workers can have their articles of incorporation suspended, or even revoked.  In addition, Arizona required employers within the state to participate in a federal program known as E-Verify.  E-Verify is a federal voluntary, web-based program which the Department of Homeland Security offers to employers to check the work authorized status of new hires.  It is a supplement to existing federal workforce requirements.

The Court held that the Arizona law did no more than impose licensing conditions on businesses operating within Arizona, and was not preempted by the comprehensive 1986 federal legislation.  It further held that while E-Verify was available nation wide, there has been no Congressional intent expressed to prevent a state from requiring participation in the program.  Multiple states have already made participation in E-Verify mandatory for its employers.

*Stewart Rabinowitz is president of Rabinowitz & Rabinowitz, P.C., a Dallas based immigration law firm.

Secretary Clinton comments on 2010 Country Reports on Human Rights Practices

In April, 2011, Secretary of State Hillary Rodham Clinton delivered the 35th annual report to Congress on the state of human rights around the world. The yearly report details the legal status of human rights in more than 190 countries around the world.

Clinton said that the State Department was “particularly disturbed” by three growing trends in 2010, which included crackdowns on civil society activists; violations against the fundamental freedoms of expression, association and assembly through limited Internet freedoms; and the repression of vulnerable minorities.

She expressed disappointment that Venezuela and Russia were censoring journalists and activists, and that intellectuals and other outspoken people in China were being arrested and detained. She also spoke against the repression of minorities throughout the world, speaking specifically about blasphemy in Pakistan and how it carries a death penalty.

Clinton paid particular interest in the recent uprisings in Libya, Egypt, Tunisia, and other Middle Eastern countries. “We have been particularly inspired by the courage and determination of the activists in the Middle East and North Africa and in other repressive societies who have demanded peaceful democratic change and respect for their universal human rights. The United States will stand with those who seek to advance the causes of democracy and human rights wherever they may live, and we will stand with those who exercise their fundamental freedoms of expression and assembly in a peaceful way,” she said.

Clinton expressed hope that this year’s Human Rights Report would bring increased attention to those countries, and help them to transition to more democratic nations.

“It is refreshing to see the Department of State acknowledge activists’ efforts in the Middle East demand peaceful, democratic change, in their exercise of universal human rights,” says Dallas immigration attorney Stewart Rabinowitz of the firm of Rabinowitz & Rabinowitz, P.C. “Equally so, it is significant that United States considers human rights a core element of its foreign policy.”

Clinton also announced the launch of humanrights.gov, a government website that will provide a searchable database of reports, statements and news from around the world. “We hope this will make it easier for citizens, scholars, NGOs, and international organizations to find the information they need to hold governments accountable,” she said, about the site.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

Visa Bulletin for June 2011

Number 33
Volume IX
Washington, D.C.

1. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 11th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.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, 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.

   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 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.)

   Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
   F1	01MAY04	01MAY04	01MAY04	01MAR93	22FEB96
   F2A	22AUG07	22AUG07	22AUG07	22JUL07	22AUG07
   F2B	15APR03	15APR03	15APR03	22AUG92	08JUN00
   F3	01JUN01	01JUN01	01JUN01	15NOV92	08MAR92
   F4	08MAR00	08MAR00	08MAR00	15FEB96	01MAY88

   *NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUL07. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUL07 and earlier than 22AUG07. (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.)
   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 P.L. 102-395.

   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 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.)

   Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
   1st	C	C	C	C	C
   2nd	C	15OCT06	15OCT06	C	C
   3rd	15SEP05	15MAY04	22APR02	22DEC04	15SEP05
   Other Workers	08NOV03	22APR03	22APR02	08NOV03	08NOV03
   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

   *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.

   6. The Department of State has a recorded message with visa availability information which can be heard at:             (202) 663-1541      . This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

2. DIVERSITY IMMIGRANT (DV) CATEGORYSection 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-2011 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 June, immigrant numbers in the DV category are available to qualified DV-2011 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	49,300	Except: Egypt 34,300 Ethiopia 28,525 Nigeria 17,150
   ASIA	28,600
   EUROPE	29,450	Except: Uzbekistan 27,800
   NORTH AMERICA (BAHAMAS)	12
   OCEANIA	1,300
   SOUTH AMERICA, and the CARIBBEAN	1,300

   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-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

3. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULYFor July, immigrant numbers in the DV category are available to qualified DV-2011 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	57,600	Except: Egypt 35,000 Ethiopia 30,650 Nigeria 18,500
   ASIA	33,775
   EUROPE	33,000	Except: Uzbekistan 28,200
   NORTH AMERICA (BAHAMAS)	12
   OCEANIA	1,400
   SOUTH AMERICA, and the CARIBBEAN	1,400

4. VISA AVAILABILITY IN THE EMPLOYMENT SECOND PREFERENCE CATEGORYAs mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” Employment numbers. During May the India Employment Second preference cut-off date is governing the use of such numbers, because India had reached its Employment Second annual limit.Since October there has been heavy demand by applicants “upgrading” their status from Employment Third to Employment Second preference. The rapid forward movement of the India Employment Second preference cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new “upgrade” demand has been minimal; this has allowed the Employment Second preference cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India Employment Second preference. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability.

   Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China Employment Second preference demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.

Department of State Opens El Paso Passport Agency

A new passport agency has opened in El Paso, Texas, that will end the need for nearby residents to travel hours away just to get a passport.

Previously, if El Paso residents needed to quickly obtain a passport for urgent travel plans, they would need to trek 750 miles to Houston or 300 miles to Tucson. Now, with $2.1 million provided by the American Recovery and Reinvestment Act of 2009, an El Paso Passport Agency has been opened in the historic Anson Mills Building, just a few blocks away from the U.S.-Mexico border.

“For the first time, we will have a facility that will not only process applications but also produce and issue passports on- site right here in El Paso,” said Vincent Perez, spokesman for U.S. Rep. Silvestre Reyes, D-Texas, in an interview with the El Paso Times. Perez said that El Pasoans previously had to overnight their applications across the state in order to quickly obtain a passport.

The new agency provides in-person passport services to those who need to travel through the U.S. in fewer than two weeks or who need a visa to travel internationally in four weeks or less. Same day or next day passport services are available for emergencies for a $60 fee. Normally, the process takes about six weeks.

Deputy Assistant Secretary for Passport Services Brenda Sprague visited El Paso for the agency’s opening ceremony. She said that more businesspeople are traveling, and that should an unexpected need for a passport arise, the new agency will provide one promptly to any El Pasoan in need.

“El Paso was very high on our list because we felt we were not properly supporting the borderland,” Sprague said. “You get these very complicated issues because it’s very common for people here to have business, family, residences on both sides of the border.”

The new office is one of seven agencies that the U.S. Department of State plans to open along the northern and southern U.S. borders. Agencies in San Diego, Buffalo, N.Y. and St. Albans, Vt. have been opened in recent months, and existing agencies in Portsmouth, N.H. and Hot Springs, Ark. have been expanded.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

GAO Issues Report on Northern Border and Focuses on Greater Interagency Cooperation

A new Government Accountability Office report found that U.S. agencies and Canadian agencies are not routinely sharing intelligence nor routinely engaging in other cooperative efforts necessary to protect the northern border between the U.S. and Canada.

The border between the U.S. and Canada stretches out for roughly 4,000 miles through farmland, mountains and lakes, leaving large areas unwatched that the U.S. Department of Homeland Security calls a “higher” terrorist threat, according to the report. The report said that due to the limited law enforcement coverage in “vast stretches” of the northern border, these areas are better poised to be exploited by terrorists.

Canada also has active Islamist extremist groups that are not commonly found in Mexico, the report found, adding to the danger of an unsecured northern border. In addition, Canada is a major throughway for many illicit drugs, with Homeland Security confiscating over 40,000 pounds of illegal drugs and making 6,000 drug-related arrests at the northern border in 2010.

The GAO found that only 32 miles of the border – approximately 1 percent – had reached an “acceptable level of control.” The report concluded that Border Patrol agents could detect illegal activity on about 1,000 more miles of the border, but does not have the resources to respond.

The GAO found that this weakness could be mitigated with increased interagency cooperation. Border Patrol already has a partnership in place with Canadian law enforcement agencies and other partners through the Integrated Border Enforcement Teams. But the report found that information sharing between the agencies involved “needs additional work.”

“While some interagency cooperation improved, GAO found a familiar theme: problems in sharing information, resources, and inadequate management to effectively implement meaningful collaboration between agencies,” said Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz. “While interagency forums exist, DHS must engage in meaningful oversight of agency participants and require compliance with the agreements between agencies. To date, some field agents have had to coordinate for themselves.”

The GAO recommended that Homeland Security should take the lead in improving communications between Immigration and Customs Enforcement and the Border Patrol – the U.S. agencies responsible for keeping the northern border secure – as well as Canadian agencies.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

USCIS Begins Issuing a Single Document Which Grants Employment Authorization and Travel Permission for Eligible Adjustment Applicants

U.S. Citizenship and Immigration Services announced in February that certain applicants who apply to register permanent residence or adjust their status in the U.S. would now receive employment and travel authorization in a single card.

An applicant will receive this card, which looks much like the current Employment Authorization Document, when he or she applies for the ancillary benefits of employment authorization and travel permission, benefits available to most adjustment of status applicants while thier case is pending.

“Finally, a sensible policy in which USCIS will now issue one document to adjustment of status applicants that authorizes either travel, employment or both, saving USCIS time and money,” said Dallas-based immigration attorney Stewart Rabinowitz of the firm Rabinowitz & Rabinowitz.

The new card is different from the previous EAD card in that it is more durable, as it is not paper-based, and reads “Serves as I-512 Advance Parole” on the bottom of the card, to show that it serves as an Advance Parole document in addition to authorizing employment.

The combined employment authorization document and Advance Parole document allows adjustment of status applicants to travel abroad and come back to the U.S. without giving up his or her pending adjustment application. The holder must present the card at the port of entry.

The new combined card is a step in the right direction, according to Rabinowitz, but USCIS can do more to streamline the process for adjustment of status applicants.

“Now, if USCIS could only issue a single fee receipt document for an adjustment of status application,” Rabinowitz said. “Presently, USCIS issues a separate adjustment of status fee receipt for the application itself, another for employment authorization, and a third for travel permission even though the adjustment application filing fee covers all three. Each time we file, we watch USCIS send three separate fee receipt documents each one arriving in a separate, postage paid envelope, and watch the government’s postage meter unnecessarily jingle.”

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

Visa Bulletin for May 2011

Number 32
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by April 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

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, INDIA, MEXICO, and PHILIPPINES.

4.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of 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, and any unused first preference numbers:

A. (F2A) Spouses and Children: 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): 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.

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 P.L. 102-395.

*Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, 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.

5. On the charts 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 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.)

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	01MAR93	15JUL95
F2A	08JUN07	08JUN07	08JUN07	01JAN07	08JUN07
F2B	15APR03	15APR03	15APR03	01AUG92	01MAR00
F3	01MAY01	01MAY01	01MAY01	15NOV92	15FEB92
F4	08MAR00	22JAN00	08MAR00	15FEB96	08APR88

*NOTE:  For May, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN07.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JAN07 and earlier than 08JUN07.  (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.)

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01AUG06	01JUL06	C	C
3rd	22AUG05	15APR04	15APR02	08SEP04	22AUG05
Other Workers	08SEP03	22APR03	15APR02	08SEP03	08SEP03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Private Programs	C	C	C	C	C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 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 reduction has resulted in the DV-2011 annual limit being reduced 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 May, immigrant numbers in the DV category are available to qualified DV-2011 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	42,000	Except: Egypt 31,200 Ethiopia 26,200 Nigeria 15,450
ASIA	23,500
EUROPE	27,800
NORTH AMERICA (BAHAMAS)	12
OCEANIA	1,175
SOUTH AMERICA, and the CARIBBEAN	1,150

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

For June, immigrant numbers in the DV category are available to qualified DV-2011 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	49,300	Except: Egypt 34,300 Ethiopia 28,525 Nigeria 17,150
ASIA	28,600
EUROPE	29,450	Except: Uzbekistan  27,800
NORTH AMERICA (BAHAMAS)	12
OCEANIA	1,300
SOUTH AMERICA, and the CARIBBEAN	1,300

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-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

D. VISA AVAILABILITY DURING THE COMING MONTHS

Family-sponsored:  The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February.  While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May.  At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.

Employment-based:  At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years.  Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries.  It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high.  Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

Employment Second:  Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known.  Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates.  While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries.  (The allocation of “otherwise unused” numbers is discussed below.)

China: none to three weeks expected through July.  No August or September estimate is possible at this time.

India: One or more weeks, possibly followed by additional movement if demand remains stable.  No August or September estimate is possible at this time.

Employment Third:

Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks

Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits.  Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences.  Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit.  Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates.  Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used.  Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit.  For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries.  This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.

As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown.  As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers.  This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year.  However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.