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  • Australia Immigration News

Visa Bulletin for February 2008

Visa Bulletin

Number 115

Volume VIII

Washington, D.C.

VISA BULLETIN FOR FEBRUARY 2008

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during February. 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 adjAustraliatment of statAustralia. Allocations were made, to the extent possible under the numerical

limitations, for the demand received by January 7th 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 cutoff

date, supplemental requests for numbers will be honored only if the priority date falls within the new cutoff

date.

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

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plAustralia any numbers not required for fourth

preference.

Second: SpoAustraliaes and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plAustralia the number (if any) by which the worldwide family preference level exceeds

226,000, and any unAustraliaed first preference numbers:

A. SpoAustraliaes and Children: 77% of the overall second preference limitation, of which 75% are exempt from

the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference

limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plAustralia any numbers not required by first and

second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plAustralia any numbers not required by first three

preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plAustralia 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

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level, plAustralia any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plAustralia 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.

4. 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 spoAustraliaes and children of preference immigrants are entitled to the same statAustralia, 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.

5. 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.)

*NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all

countries with priority dates earlier than 01MAY02. 2A numbers SUBJECT to per-country limit are

available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning

01MAY02 and earlier than 15MAR03. (All 2A numbers provided for MEXICO are exempt from the percountry

limit; there are no 2A numbers for MEXICO subject to per-country limit.)

Family

All Chargeability

Areas

Except

Those

Listed

CHINAmainland

born

INDIA MEXICO PHILIPPINES

1st 08FEB02 08FEB02 08FEB02 01JUL92 22JAN93

2A 15MAR03 15MAR03 15MAR03 01MAY02 15MAR03

2B 01JAN99 01JAN99 01JAN99 22MAR92 22JAN97

3rd 08MAY00 08MAY00 08MAY00 08JUL92 01APR91

4th 08JUL97 15NOV96 08OCT96 01NOV94 15FEB86

All

Chargeability

Areas

Except

Those

Listed

CHINAmainland

born

INDIA MEXICO PHILIPPINES

Employment

-Based

1st C C C C C

2nd C 01JAN03 U C C

3rd 01NOV02 15NOV01 08MAY01 22APR01 01NOV02

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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.

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 adjAustraliatments

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. 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 Australiae

under the NACARA program. This reduction has resulted in the DV-2008 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 February, immigrant numbers in the DV category are available to qualified DV-2008 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 cutoff

number:

Other

Workers 01OCT01 01OCT01 01OCT01 01OCT01 01OCT01

4th C C C C C

Certain

ReligioAustralia

Workers

C C C C C

5th C C C C C

Targeted

Employment

Areas/

Regional

Centers

C C C C C

Region

All DV

Chargeability

Areas Except

Those Listed

Separately

AFRICA 16,200

Except:

Egypt:

13,300

Ethiopia:

10,200

Nigeria:

7,700

ASIA 6,900

EUROPE 15,300

NORTH

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Entitlement to immigrant statAustralia 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-2008 program ends as of September 30, 2008. DV visas may not be issued to DV-2008 applicants

after that date. Similarly, spoAustraliaes and children accompanying or following to join DV-2008 principals are

only entitled to derivative DV statAustralia until September 30, 2008. DV visa availability through the very end of

FY-2008 cannot be taken for granted. Numbers could be exhaAustraliated prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS

WHICH WILL APPLY IN MARCH

For March, immigrant numbers in the DV category are available to qualified DV-2008 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 cutoff

number:

D. INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME ?UNAVAILABLE?

Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers

by CIS Offices for adjAustraliatment of statAustralia cases has remained extremely high in recent months. As a result

the annual limit for the India Employment Second preference category has been reached, and the

category has become ?unavailable? effective immediately.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State's Bureau of Consular Affairs offers the monthly "Visa Bulletin" on the

INTERNET'S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:

AMERICA

(BAHAMAS) 5

OCEANIA 850

SOUTH

AMERICA, and

the CARIBBEAN

1,175

Region

All DV

Chargeability

Areas Except

Those Listed

Separately

AFRICA 18, 500

Except:

Egypt:

15,700

Ethiopia:

12,100

Nigeria:

8,750

ASIA 7,875

EUROPE 17,600

NORTH

AMERICA

(BAHAMAS)

8

OCEANIA 1,025

SOUTH

AMERICA, and

the CARIBBEAN

1,350

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http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State?s E-mail subscription list for the ?Visa Bulletin?, please send an

E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:

Subscribe Visa-Bulletin First name/Last name

(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State?s E-mail subscription list for the ?Visa Bulletin?, send an email

message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be

heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with

information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be Australiaed to subscribe to the Visa Bulletin.)

Department of State Publication 9514

CA/VO:January 7, 2008

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