Number 93
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during September 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 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 August 2nd. 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. The fiscal year 2024 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The fiscal year 2024 limit for employment-based preference immigrants calculated under INA 201 is 160,791. 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., 27,075 for FY-2024. The dependent area limit is set at 2%, or 7,736.
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 issuances will exceed 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.
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 ListedCHINA-mainland
bornINDIAMEXICOPHILIPPINES F122OCT1522OCT1522OCT1508MAY0201MAR12F2A15NOV2115NOV2115NOV2101FEB2115NOV21F2B01MAY1601MAY1601MAY1615JUL0422OCT11F301APR1001APR1001APR1001MAR0008SEP02F401AUG0701AUG0722JAN0608FEB0101FEB04
For September, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01FEB21. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01FEB21 and earlier than 15NOV21. 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 ListedCHINA-
mainland
bornINDIAMEXICOPHILIPPINES F101SEP1701SEP1701SEP1701APR0522APR15F2A15JUN2415JUN2415JUN2415JUN2415JUN24F2B01JAN1701JAN1701JAN1701MAY0501OCT13F301JAN1101JAN1101JAN1115JUN0108NOV03F401MAR0801MAR0815JUN0630APR0101APR06
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, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
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-
basedAll Chargeability
Areas Except
Those ListedCHINA-
mainland
bornINDIAMEXICOPHILIPPINES1stC01NOV2201FEB22 CC2nd15MAR2301MAR2015JUL1215MAR2315MAR233rd01DEC2001SEP2022OCT1201DEC2001DEC20Other Workers01DEC2001JAN1722OCT1201DEC2001MAY204th01JAN2101JAN2101JAN2101JAN2101JAN21Certain Religious Workers01JAN2101JAN2101JAN2101JAN2101JAN215th Unreserved
(including C5, T5, I5, R5)C15DEC1501DEC20CC5th Set Aside:
Rural (20%)CCCCC5th Set Aside:
High Unemployment (10%)CCCCC5th Set Aside:
Infrastructure (2%)CCCCC
*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 final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2024 this reduction will be limited to 157.
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-
basedAll Chargeability
Areas Except
Those ListedCHINA-
mainland
bornINDIAMEXICO PHILIPPINES 1stC01JAN2308FEB22CC2nd22MAR2301JUN2022JUL1222MAR2322MAR233rd01FEB2301JUL2101NOV1201FEB2301JAN23Other Workers08JAN2101JUN1701NOV1208JAN2115MAY204th01FEB2101FEB2101FEB2101FEB2101FEB21Certain Religious Workers01FEB2101FEB2101FEB2101FEB2101FEB215th Unreserved
(including C5, T5, I5, R5)C01JAN1701APR22CC5th Set Aside:
(Rural - 20%)CCCCC5th Set Aside:
(High Unemployment - 10%)CCCCC5th Set Aside:
(Infrastructure - 2%)CCCCC
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER
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. Visa numbers made available to NACARA applicants in FY 2023 will result in reduction of the DV-2024 annual limit to 54,843. Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will be deducted from the 55,000 DVs annually allocated. These amendments will not impact the number of diversity visas available until FY 2025. DVs 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 September, immigrant numbers in the DV category are available to qualified DV-2024 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:
RegionAll DV Chargeability Areas Except
Those Listed SeparatelyAFRICACurrentExcept: Algeria 108,500
Egypt 57,000
Morocco 70,000ASIA27,500
Except: Iran 22,000
Nepal 13,000
EUROPE50,000Except: Russia 49,500
Uzbekistan 17,000NORTH AMERICA (BAHAMAS) CurrentOCEANIA2,700SOUTH AMERICA,
and the CARIBBEAN5,000
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-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY IMMIGRANT (DV) CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER
For October, immigrant numbers in the DV category are available to qualified DV-2025 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:
RegionAll DV Chargeability Areas Except
Those Listed SeparatelyAFRICA15,000Except: Algeria 6,500
Egypt 8,250
Morocco 8,250ASIA3,000Except: Iran 2,950
Nepal 2,950EUROPE6,000Except: Russia 5,950
Uzbekistan 4,900NORTH AMERICA (BAHAMAS) 2OCEANIA500SOUTH AMERICA,
and the CARIBBEAN825
D. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER
There has been a steady increase in both USCIS and Department of State demand patterns for employment-based visas during the fiscal year. As a result, most employment-based preference category limits for FY 2024 are expected to be reached during September, if not sooner. 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.
E. RETROTRESSION IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) AND “OTHER WORKERS” (EW) CATEGORIES
As readers were informed was possible in Item D of the July 2024 and August 2024 Visa Bulletin, it has become necessary to retrogress the EB-3 final action dates for Rest of World, Mexico, and the Philippines, as well as the EW final action dates for Rest of World and Mexico. The issuance totals in these categories are rapidly approaching the annual limit for FY-2024, necessitating this slowdown of issuance rates. It is anticipated that the final action dates will advance in October 2024; however, date movement will depend on worldwide demand for EB-3 and EW visas and the estimated FY-2025 category limit.
F. DIVERSITY VISA LOTTERY 2025 (DV-2025) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the selectees who are eligible to participate in the DV-2025 Diversity Visa (DV) program. Random selection of DV participants was conducted under the terms of section 203(c) of the Immigration and Nationality Act, which makes up to *55,000 permanent resident visas available annually to persons from countries with low rates of immigration to the United States. Approximately 131,060 prospective applicants (i.e., selectees and their spouses and children) have been registered, can confirm their selection, and may be eligible to make an application for an immigrant visa. Since selection is random and blind to the number of family members who might immigrate with the selectee, and it is likely that some of the selectees will not complete their cases or will be found ineligible for a visa, this larger figure should ensure that all DV-2025 numbers can be used during fiscal year 2025 (FY25: October 1, 2024, until September 30, 2025).
Entrants registered for the DV-2025 program were selected at random from 19,927,656 qualified entries received during the 35-day application period that ran from noon, Eastern Daylight Time on Wednesday, October 4, 2023, until noon, Eastern Standard Time on Tuesday, November 7, 2023. The visas will be apportioned among the six geographic regions to ensure a maximum of seven percent are issued to persons chargeable to any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete all required steps.
Selectees who are physically present with legal status in the United States may apply to adjust their status by first contacting the U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *55,000 visa numbers have been used, the program for fiscal year 2025 will end. Selectees who do not receive visas or status by September 30, 2025, will derive no further benefit from their DV-2025 registration. Similarly, spouses and children accompanying or following to join DV-2025 principal applicants are only entitled to derivative DV status until September 30, 2025.
Dates for the DV-2026 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2026 program should check the Department of State’s Diversity Visa web page in the coming months.
*The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. This will result in reduction of the DV-2025 annual limit to approximately 54,850. Additionally, Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will also be deducted from the 55,000 DVs annually allocated. This will result in an additional reduction of the DV-2025 annual limit to approximately 51,350.
The following is the statistical breakdown by foreign state of chargeability of those registered for the DV-2025 program:
AFRICA
ALGERIA 5,526
ESWATINI 6
NAMIBIA 5
ANGOLA 738
ETHIOPIA 3,674
NIGER 70
BENIN 1,032
GABON 81
RWANDA 1,385
BOTSWANA 7
GAMBIA, THE 159
SAO TOME AND PRINCIPE 3
BURKINA FASO 262
GHANA 2,686
SENEGAL 656
BURUNDI 773
GUINEA 1,291
SIERRA LEONE 957
CABO VERDE 52
GUINEA-BISSAU 12
SOMALIA 966
CAMEROON 3,962
KENYA 4,459
SOUTH AFRICA 163
CENTRAL AFRICAN REPUBLIC 29
LESOTHO 10
SOUTH SUDAN 32
CHAD 419
LIBERIA 2,004
SUDAN 5,505
COMOROS 4
LIBYA 192
TANZANIA 371
CONGO, DEMOCRATIC REPUBLIC OF THE 2,729
MADAGASCAR 35
TOGO 2,287
CONGO, REPUBLIC OF THE 513
MALAWI 61
TUNISIA 96
COTE D’IVOIRE 883
MALI 167
UGANDA 1,061
DJIBOUTI 132
MAURITANIA 228
ZAMBIA 118
EGYPT 5,515
MAURITIUS 2
ZIMBABWE 210
EQUATORIAL GUINEA 24
MOROCCO 4,237
ERITREA 142
MOZAMBIQUE 11
ASIA
AFGHANISTAN 4,009
JORDAN 775
SAUDI ARABIA 420
BAHRAIN 4
KOREA, NORTH 1
SINGAPORE 11
BHUTAN 269
KUWAIT 105
SRI LANKA 1,618
BURMA 1,723
LAOS 63
SYRIA 431
CAMBODIA 457
LEBANON 115
TAIWAN 227
INDONESIA 193
MALAYSIA 34
THAILAND 405
IRAN 5,267
MONGOLIA 174
UNITED ARAB EMIRATES 153
IRAQ 667
NEPAL 3,861
YEMEN 1,894
ISRAEL 104
OMAN 13
JAPAN 149
QATAR 56
EUROPE
ALBANIA 1,598
GEORGIA 1,342
NORTH MACEDONIA 188
ANDORRA 3
GERMANY 479
NORTHERN IRELAND 6
ARMENIA 2,971
GREECE 37
NORWAY 7
AUSTRIA 51
HUNGARY 97
POLAND 309
AZERBAIJAN 1,730
ICELAND 5
PORTUGAL 38
BELARUS 1,577
IRELAND 29
Macau 6
BELGIUM 49
ITALY 263
ROMANIA 199
BOSNIA AND HERZEGOVINA 35
KAZAKHSTAN 2,004
RUSSIA 5,519
BULGARIA 107
KOSOVO 260
SERBIA 154
CROATIA 7
KYRGYZSTAN 3,095
SLOVAKIA 26
CYPRUS 14
LATVIA 43
SLOVENIA 3
CZECH REPUBLIC 28
LIECHTENSTEIN 1
SPAIN 142
DENMARK 28
LITHUANIA 89
SWEDEN 49
Faroe Islands 1
LUXEMBOURG 4
SWITZERLAND 42
Greenland 1
MALTA 3
TAJIKISTAN 2,982
ESTONIA 23
MOLDOVA 1,413
TURKEY 4,194
FINLAND 18
MONTENEGRO 38
TURKMENISTAN 2,010
FRANCE 275
NETHERLANDS 34
UKRAINE 4,002
French Polynesia 2
Aruba 1
UZBEKISTAN 5,564
Saint Barthelemy 2
NORTH AMERICA
BAHAMAS, THE 19
OCEANIA
AUSTRALIA 894
NAURU 17
SAMOA 16
Christmas Island 1
NEW ZEALAND 302
SOLOMON ISLANDS 15
Cocos (Keeling) Islands 53
Tokelau 15
TONGA 266
COOK ISLANDS 27
NIUE 1
TUVALU 4
FIJI 2,359
PAPUA NEW GUINEA 22
VANUATU 5
KIRIBATI 32
REPUBLIC OF PALAU 24
SOUTH AMERICA
ANTIGUA AND BARBUDA 5
DOMINICA 4
PARAGUAY 20
ARGENTINA 130
ECUADOR 795
PERU 657
BARBADOS 4
GRENADA 1
SAINT LUCIA 6
BELIZE 1
GUATEMALA 230
SAINT VINCENT AND THE GRENADINES 7
BOLIVIA 102
GUYANA 18
SURINAME 6
CHILE 61
NICARAGUA 86
TRINIDAD AND TOBAGO 40
COSTA RICA 72
PANAMA 29
URUGUAY 29
CUBA 2,348
Natives of the following countries were not eligible to participate in DV-2025: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.
G. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make the determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on reasonable estimates of the anticipated amount of visa numbers to be available under the annual limits, in accordance with Section 203(g) of the INA. On July 19th, USCIS provided the required data to the VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2024 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2024 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 160,791
Under INA Section 202(a)(2), the per-country limit is fixed at 7% of the combined total family and employment annual limits. For FY-2024 the per-country limit is therefore 27,075. The dependent area annual limit is 2%, or 7,736. Note that these figures do not account for carryover provisions in accordance with INA 203(b)(5)(B). With these carryover visa numbers included, the per-country limit is 27,837 and the dependent area limit is 7,953.
H. U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)
The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. Government abroad applying for SIVs or adjustment of status, as described in section 101(a)(27)(D) of the INA. This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs. Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.
I. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
Department of State Publication 9514
CA/VO: August 2, 2024