9 FAM 503.4
Allocation of Immigrant Visa Numbers
(CT:VISA-300; 03-14-2017)
(Office of Origin: CA/VO/L/R)
9 fam 503.4-1 RELATED STATUTORY
AND REGULATORY AUTHORITIES
9 FAM 503.4-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 201 (8 U.S.C. 1151); INA 202(a) (8 U.S.C. 1152(a));
INA 202(b) (8 U.S.C. 1152(b)); INA 202(e) (8 U.S.C. 1152(e)); INA 203(a) (8
U.S.C. 1153(a)); INA 203(b); INA 203(d) (8 U.S.C. 1153(d)); INA 203(e) (8
U.S.C. 1153(e)); INA 203(g) (8 U.S.C. 1153(g)); INA 206 (8 U.S.C. 1156).
9 FAM 503.4-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR 42.31; 22 CFR 42.32; 22 CFR 42.51; 22 CFR 42.55.
9 FAM 503.4-2 Allocation of
Numbers to the Preference Categories
9 FAM 503.4-2(A) Family-Sponsored
Immigrants-Text of INA 203(a)
(CT:VISA-300; 03-14-2017
Preference Allocation for
Family-Sponsored Immigrants: Aliens subject to the worldwide level
specified in section 201(c) for family-sponsored immigrants shall be allotted
visas as follows:
(1) Unmarried Sons and Daughters of
Citizens: Qualified immigrants who are the unmarried sons or daughters
of citizens of the United States shall be allocated visas in a number not to
exceed 23,400, plus any visas not required for the class specified in paragraph
(4).
(2) Spouses and Unmarried Sons and
Unmarried Daughters of Permanent Resident Aliens: Qualified immigrants
(a) Who are the spouses or children of an alien lawfully
admitted for permanent residence, or
(b) Who are the unmarried sons or unmarried daughters
(but are not the children) of an alien lawfully admitted for permanent
residence, shall be allocated visas in a number not to exceed 114,200, plus the
number (if any) by which such worldwide level exceeds 226,000, plus any visas
not required for the class specified in paragraph (1); except that not less
than 77 percent of such visa numbers shall be allocated to aliens described in
subparagraph (a).
(3) Married Sons and Married
Daughters of Citizens: Qualified immigrants who are the married sons or
married daughters of citizens of the United States shall be allocated visas in
a number not to exceed 23,400, plus any visas not required for the classes
specified in paragraphs (1) and (2).
(4) Brothers and Sisters of Citizens:
Qualified immigrants who are the brothers or sisters of citizens of the United
States, if such citizens are at least 21 years of age, shall be allocated visas
in a number not to exceed 65,000, plus any visas not required for the classes
specified in paragraphs (1) through (3).
9 FAM 503.4-2(B) Employment-Based
Immigrants-Partial Text of INA 203(b)
(CT:VISA-1; 11-18-2015)
Preference Allocation for
Employment-Based Immigrants: Aliens subject to the worldwide level
specified in section 201(d) for employment-based immigrants in a fiscal year
shall be allotted visas as follows:
(1) Priority Workers: Visas
shall first be made available in a number not to exceed 28.6 percent of such
worldwide level, plus any visas not required for the classes specified in
paragraphs (4) and (5), to qualified immigrants who are . . . _(A) Aliens with
extraordinary ability . . .; (B) Outstanding professors and researchers . . .
; (C) Certain multinational executives and managers. . . .
(2) Aliens Who are Members of the
Professions Holding Advanced Degrees or Aliens of Exceptional Ability:
Visas shall be made available, in a number not to exceed 28.6 percent of such
worldwide level, plus any visas not required for the classes specified in
paragraph (1), to qualified immigrants who are members of the professions
holding advanced degrees or their equivalent or who because of their
exceptional ability in the sciences, arts, or business, will substantially
benefit prospectively the national economy, cultural or educational interests,
or welfare of the United States, and whose services in the sciences, arts,
professions, or business are sought by an employer in the United States.
(3) Skilled Workers, Professionals,
and Other Workers: Visas shall be made available, in a number not to
exceed 28.6 percent of such worldwide level, plus any visas not required for
the classes specified in paragraphs (1) and (2), to the following classes of
aliens who are not described in paragraph (2): (A) In general: (i) Skilled
workers . . .; (ii) Professionals; (iii) Other workers. (B) Limitation on
other workers: Not more than 10,000 of the visas made available under this
paragraph in any fiscal year may be available for qualified immigrants
described in subparagraph (A)(iii).
(4) Certain Special Immigrants:
Visas shall be made available, in a number not to exceed 7.1 percent of such
worldwide level, to qualified special immigrants described in section
101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of
which not more than 5,000 may be made available in any fiscal year to special
immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii)
and not more than 100 may be made available in any fiscal year to special
immigrants, excluding spouses and children, who are described in section
101(a)(27)(M).
(5) Employment Creation: (A)
In general: Visas shall be made available, in a number not to exceed 7.1
percent of such worldwide level, to qualified immigrants seeking to enter the
United States for the purpose of engaging in a new commercial enterprise
(including a limited partnership). . . .
9 FAM 503.4-2(C) Entitlement to
Derivative Status - Text of INA 203(d)
(CT:VISA-1; 11-18-2015)
Treatment of family members: A
spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of
section 101 (b)(1) shall, if not otherwise entitled to an immigrant status and
the immediate issuance of a visa under subsection (a), (b), or (c) of this
section, be entitled to the same status, and the same order of consideration
provided in the respective subsection, if accompanying or following to join,
the spouse or parent.
9 FAM 503.4-3 Numerical Control
(CT:VISA-300; 03-14-2017)
Visa number allocation is handled by the Visa Office (VO)
through the Immigrant Visa Allocation Management System (IVAMS), which helps
administer the complex series of annual numerical limitations on immigrants set
forth in the Immigration and Nationality Act. Each month a determination is
made regarding the number of visas that can be made available on a worldwide
basis for final action on applications. These numbers are used by applicants
processing their cases both abroad at Foreign Service posts and in the United
States at U.S. Citizenship and Immigration Services
(USCIS) offices. Numbers are made available in the chronological order
of the applicants priority dates. The monthly Application Final Action Dates
(referred to as cutoff dates in Visa Bulletins prior to October 2015), which are used to determine whether an
applicants case is eligible for final interview, are published in the Visa
Bulletin available at www.travel.state.gov.
9 FAM 503.4-3(A) Monthly
Allotment of Immigrant Visa Numbers
(CT:VISA-300; 03-14-2017
The documentarily qualified figures submitted monthly (see
22 CFR 42.55 and 9 FAM
504.4-5(A)(3)) provide the Department the known total (by priority date,
chargeability, classification, and post) of visa applicants who are awaiting
only visa numbers to apply formally for a visa. After collation of these data,
the Department makes monthly allotments to the extent available visa numbers
permit. (See 22 CFR 42.51.) If demand exceeds the supply of available numbers,
the priority date of the first applicant for whom a number is not available
becomes the Application Final Action Date (referred to as the cutoff date in
Visa Bulletins prior to October 2015) for the categories and foreign states
concerned. The documentarily qualified totals are used for setting the
Application Final Action Dates. It is therefore essential that the following
general guidelines further described in 9 FAM
504.3-2(A) be strictly observed in preparing the monthly reports of
documentarily qualified applicants.
9 FAM 503.4-3(A)(1) Monthly
Report of Documentarily Qualified Applicants, Report 20
(CT:VISA-300; 03-14-2017
The Department allocates immigrant visa numbers monthly
through the Immigrant Visa Allocation Management System on the basis of Reports
20, Monthly Report of Documentarily Qualified Applicants. (See 9 FAM
503.4-4(A) below and 9 FAM 601.4-4.)
9 FAM 503.4-3(A)(2) Documentarily
Qualified Applicants
(CT:VISA-300; 03-14-2017
Documentarily qualified means that the alien has
returned Form DS-2001, Notification of Applicant Readiness, or has otherwise
informed post or NVC that all required documents have been obtained, and that
all clearance procedures have been completed. Under some circumstances, you
may establish other screening mechanisms to verify that an applicant is
documentarily qualified (see 9 FAM
504.4-5(C)(2)). When you are notified
during the reporting period that an applicant is documentarily qualified,
update IVO as soon as possible. (See 9 FAM
503.4-3(A) above.)
9 FAM 503.4-3(A)(3) Dates for
Filing Application
(CT:VISA-2; 11-18-2015)
Dates for Filing Application" (formerly referred to
as "Qualifying dates) are established by the Department to indicate when
immigrant visa applicants should be notified to assemble and submit required
documentation to the National Visa Center (NVC).
The dates reflect a timeframe justifying immediate action in the application
process. The Dates for Filing Application are published in the monthly Visa
Bulletin starting in October 2015. Post or National Visa Center (NVC) will not officially and pro-actively
notify applicants of additional processing requirements until the Date for
Filing Application encompasses the aliens priority date. Otherwise, it is
likely that some documents would be out-of-date by the time a visa number is
available and delay in final action would result. Nevertheless, should an
applicant or agent request information concerning additional processing requirements,
this information may be provided at any time with a warning that some documents
may expire if obtained too early in the process. The Dates for Filing
Application may also be used for filing for adjustment of status when USCIS determines that there are more immigrant visas
available for the fiscal year than there are known applicants for such visas. Applicants
for adjustment of status may refer to USCIS for
additional information by visiting the USCIS website.
9 FAM 503.4-3(B) Effect of INA
101(a)(27)(K) Visa Issuances and Adjustments in Following Fiscal Year
9 FAM 503.4-3(B)(1) Informing
Department of Issuances Under INA 101(a)(27)(K)
(CT:VISA-1; 11-18-2015)
Under INA 203(b)(6)(A), there are no numerical limitations
for any aliens who qualify for special immigrant status under INA
101(a)(27)(K). However, since under INA 203(b)(6)(B) visa issuances and
adjustments of status in this class are counted against the Employment-Based
numerical limits in the following fiscal year, the Department must be kept
informed of such issuances.
9 FAM 503.4-3(B)(2) Worldwide
Employment-Based Numerical Limits
(CT:VISA-1; 11-18-2015)
Although numerical limits do not apply in the year of
issuance or adjustment under INA 101(a)(27)(K), such visa issuances or adjustments
impact visa number availability under INA 202 and 203 in the following fiscal
year. Total admissions of immigrants whose status was based on qualification
under INA 101(a)(27)(K), including spouses and children of Armed Forces
personnel, will be divided by three; one-third of the total will be subtracted
from the visa numbers available to each of the classes described in INA
203(b)(1), (2), and (3).
9 FAM 503.4-3(B)(3) Per-Country
Ceiling
(CT:VISA-1; 11-18-2015)
In addition, the per-country numerical limitation under
INA 202(a) will be reduced by the number of such admissions attributable to
natives of such country in the following year. For countries subject to the
prorating provisions of INA 202(e), there will also be a reduction of one-third
of the total of such admissions attributable to that country in the pro rata
amount of visas available in each of the Employment-Based First through Third
preferences.
9 FAM 503.4-4 Communicating About
Visa Numbers
9 FAM 503.4-4(A) Monthly
Request for Immigrant Visa (IV) Numbers
(CT:VISA-1; 11-18-2015)
a. As noted in 9 FAM
503.4-3(A) above, the Department allocates visa numbers on the basis of
monthly reports of documentarily qualified visa applicants submitted by the
posts, the National Visa Center (NVC), and the Kentucky Consular Center (KCC).
Issuing offices abroad must prepare and submit Report 20, Monthly Report of
Documentarily Qualified Immigrant Visa Demand, so that it reaches the Immigrant
Visa Control and Reporting Division (CA/VO/DO/I) by the first of the month.
Posts authorized to issue immigrant visas (IV) but having no reportable
applicants in a given month need not submit Report 20.
b. The monthly allotment of IV numbers is close to the
maximum permissible. Therefore, only a few IV numbers remain for allocation in
response to individual requests from posts. For this reason, posts should not
request allocation of IV numbers for applicants who become documentarily
qualified after the submission of the report unless special circumstances exist
in an individual case necessitating immediate issuance of a visa. A post with
unused numbers in a particular category/chargeability which would otherwise be
returned to CA/VO/DO/I at the end of the month should use such numbers before
requesting additional allocations in the same category/chargeability. During
the last month of a fiscal year, there are generally fewer IV numbers available
for individual allocation than in any other month, and only requests for the
most compelling cases can be honored during that time.
9 FAM 503.4-4(B) Returning
Unused Visa Numbers
(CT:VISA-1; 11-18-2015)
Posts must return unused visa numbers allocated for a
specific month to the Department (CA/VO/DO/I) by Report 22, Monthly
Returns. Report 22, Monthly Returns must be sent within five calendar
days after the end of each month. (See 9 FAM
504.3-2(D).)
9 FAM 503.4-4(C) Recaptured
Visas
(CT:VISA-1; 11-18-2015)
A recaptured visa is a visa that is known to have not been
used (e.g., the bearer died or was unable to travel during the validity
period). Such visas should be recaptured and the visa number returned to the
Department unless the same applicant wants to replace his or her visa during
the same fiscal year. (See 9 FAM
504.3-2(D) paragraph c and 9 FAM 504.10-5.)