9 FAM 504.3
(U) Managing Immigrant Visa Numbers
(CT:VISA-845; 06-04-2019)
(Office of Origin: CA/VO/L/R)
9 fam 504.3-1 (U) related
Statutory and Regulatory auThoritIES
9 FAM 504.3-1(A) (U)
Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 201 (8 U.S.C. 1151); INA
202 (8 U.S.C. 1152); INA 203 (8 U.S.C. 1153); INA 204 (8 U.S.C. 1154); INA
222(b) (8 U.S.C. 1202(b)).
9 FAM 504.3-1(B) (U) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
(U) 22 CFR 40.1(h); 22 CFR 42.51;
22 CFR 42.52; 22 CFR 42.54; 22 CFR 42.55.
9 FAM 504.3-2 (U) Communicating
About Visa Numbers
(CT:VISA-171; 09-06-2016)
(U) See the IVO application users
manual for instructions for preparing and submitting Reports 20, 28, and 22
described in 9 FAM
504.3-2(A), (C), and (D) below.
9 FAM 504.3-2(A) (U) Monthly
Reports of Qualified Applicants
(CT:VISA-845; 06-04-2019)
a. (U) The documentarily
qualified/completed figures submitted
monthly (see 22 CFR 42.52 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 and 9 FAM 503.4.)
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 completed totals are used
for setting the Application Final Action Dates. It is therefore essential that
the following general guidelines be strictly observed in preparing the monthly
reports of documentarily completed applicants:
(1) (U) All IV processing
posts having documentarily completed demand
to report, as well as NVC, must prepare Report 20, Monthly Report of
Documentarily Qualified Immigrant Visa Demand, and submit it so that it arrives
in the Department (CA/VO/DO/I) before the first working day of the month. The
automated IV processing system is used to generate this report and submit it
via email. (See 22 CFR 40.1(h) and 9 FAM
504.3-2(A)(1) below.) A Sample Report 20 is shown in paragraph b below.
(2) (U) Data entry must be
kept up to date so that all applicants who have become documentarily completed during the reporting period are
included.
(3) (U) No applicants
priority date should be reported twice unless an allocation was made on the
basis of a previous documentarily completed report
and the applicant was not scheduled due to limited
post capacity, failed to keep the appointment or was not qualified for a
visa at that time and has subsequently returned.
b. (U) Sample
Report 20:
9 FAM 504.3-2(A)(1) (U)
Preparation of the "Documentarily Qualified" Report
(CT:VISA-845; 06-04-2019)
a. (U) "Documentarily
Qualified" Defined: "Documentarily qualified" or "documentarily complete" means that
the alien has returned Form DS-2001, Notification of Applicant Readiness,
indicating that all the required documents have been obtained (or has otherwise
so informed the post), and that the post has completed its clearance
procedures.
b. (U) Preference
Applicants to be Reported by Priority Date: All preference applicants
must be reported by priority dates, irrespective of the status of the numerical
limitations to which they are subject.
c. (U) Foreign
State and Post Symbols to be Used: The foreign state/dependent area
alphabetical code must appear in lieu of the name of each chargeability area on
the report. (See 9 FAM
503.2-5(A) and 9 FAM
503.2-5(B) for these codes.) The
visa-issuing office symbol will automatically appear on the Report 20.
d. (U) Relationship
to Post's Workload Capacity: The report must include all applicants who
have become documentarily completed in
that monthly period by priority date, irrespective of the post's capability to
process that number of cases. If the total exceeds the post's capacity to
interview (and issue if appropriate), post must notify the Visa Office (NVC and
CA/VO/DO/I) by cable or e-mail of its capacity for any month in which such a
capacity limitation is applicable, together with the reason(s) for the
limitation. (See 9 FAM
504.3-2(D) below.)
e. (U) Duplicative Reporting to be
Avoided: The Department records reported demand for which visa numbers
are not immediately available (oversubscribed categories), or which is in
excess of the post's stated capacity, for consideration for later allotments.
The post should not repeat previously reported pending demand in subsequent
reports.
f. (U) Aliens
Entitled to Two or More Classifications: If a documentarily completed applicant is entitled to two or more
classifications, post should report the applicant under the classification
which will allow the most expeditious processing or report the applicant under
both categories.
g. (U) Negative
Reports Not Required: Immigrant visa-issuing posts that have no
reportable applicants for a given month need not submit a negative Report 20.
9 FAM 504.3-2(A)(2) (U)
Grouping of Priority Dates by the Department
(CT:VISA-1; 11-18-2015)
(U) When posts submit Report 20 in
electronic form, the reported priority dates will be grouped in the Department
under the first day of the month and every 7 days thereafter. The weekly
periods always begin on the 1st, 8th, 15th, and 22nd of the month. The
priority dates will be grouped under the reportable date at the beginning of
the applicable week. For example, priority dates from March 1 through March 7,
2007 will be grouped under 01MAR2007.
9 FAM 504.3-2(A)(3) (U)
Diversity (DV) Applicants
(CT:VISA-171; 09-06-2016)
(U) The monthly reports of
documentarily qualified DV applicants are prepared and submitted to the
Department by KCC. Posts must not include DV applicants on their Report 20.
Any additional DV numbers needed by a post should be requested by a VISAS FROG
message.
9 FAM 504.3-2(B) (U) Requesting
Supplemental Numbers Visas Frog
(CT:VISA-325; 04-07-2017)
Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
9 FAM 504.3-2(C) (U) Immigrant
Visa Workload Monthly Reports
(CT:VISA-325; 04-07-2017)
(1) (U) Monthly
Report of IVs Issued: At the end of each month, all posts authorized to
issue IVs must prepare and transmit the Immigrant Visa Workload Monthly Report
(Report 28 in the automated IV processing system) to the Visa Office
(CA/VO/DO/I), Attn: IVAMS. This report will reflect all IVs and DVs issued
during the month, as well as refusal data. (See paragraph (3) below.) The
report must be submitted within 5 days after the close of each reporting
period.
(2) (U) Reports
Requiring Adjustment: Posts whose Report 28 requires adjustments to the
workload data must specify by memorandum the adjustments that are needed.
(3) (U) Sample
Report 28:
9 FAM 504.3-2(D) (U) Additional
Reporting
(CT:VISA-325; 04-07-2017
a. (U) Deletion
of Priority Dates: Reported demand which has been encompassed in an
allotment of visa numbers is automatically removed from the Department's
records. It is not necessary for the post to request that the Department
delete such demand. However, if a previously reported applicant who has not
been reached for an allocation dies or abandons the intent to immigrate, then
the priority date, chargeability, category, and number of applicants should be
reported with a request to delete the case from the allocation waiting list.
b. (U) Return
of Unused Numbers:
(1) (U) Posts must return promptly to the Department
any visa allocations (both preference and DV) that have not been used during
the authorized month. Preference and diversity numbers may be returned on the
same Report 22. The Report 22 must be dispatched no later than the fifth
calendar day of each month. (See paragraph c below regarding return of numbers
used for issuance of visas that were not subsequently used for admission to the
United States.)
(2) (U) Sample
Report 22 - Monthly Returns of Unused Visa Numbers:
c. (U) Recaptured Visas: 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 504.10-5.)
(1) (U) Importance of Prompt Return:
Posts must return recaptured numbers to the Department (CA/VO/DO/I) as soon as
they have been recaptured. A visa number returned during the fiscal year of
original issuance may be reallocated by the Department during the same fiscal
year. It is essential that visa numbers recaptured near the end of a fiscal
year be returned as promptly as possible so that they may be used elsewhere
before the end of the fiscal year.
(2) (U) VISAS GIRAFFE Format:
Posts must return recaptured visa numbers by email using the subject line:
GIRAFFE - Recaptured Visa Numbers. This is designed to preclude any possible
confusion of these returns with returns of other unused visa numbers. The
issuance date (month and year), foreign state or dependent area of
chargeability, preference category, and quantity of the allotted number being
returned should also be indicated. (See 9 FAM
604.2-3(B) for "VISAS GIRAFFE" format.) Posts should make a
notation of the recapture and return in their records.
(3) (U) Recaptured Immediate
Relative Visa: Immediate relative visas are not subject to numerical
limit, and therefore no visa numbers are allocated or used for immediate
relative visa issuances. Under the terms of the INA as revised by the
Immigration Act of 1990, however, each years total of immediate relatives must
be considered when the Department calculates the family preference numerical
limit for the following year. Thus, it is important for the Department to know
when immediate relative visas are unused by the recipients so that such visas
will not be counted in determining the family preference limit. Posts are
asked to report such recaptured immediate relative visas to CA/VO/DO/I in the
same manner as recaptured visa numbers; they should be identified as
Recaptured Immediate Relative Visa(s), and the month and year of visa
issuance should be indicated.
d. (U) Significant
Factors Affecting Visa Work: Posts should explain by memorandum any
significant factors or unusual circumstances that affect the visa operation,
such as changes in the volume or characteristics of demand, and must describe
the nature and extent of any backlogs, the reasons for this, actions taken by
the post to correct known deficiencies, and any other information the
Department might find useful or the post believes needs to be amplified.
e. (U) Annual
Report of IV Applicants Subject to Numerical Limitations: The Annual
Report of Immigrant Visa Applicants Subject to Numerical Limitations (Report 29
in the automated system) is no longer required unless specifically requested by
the Department, in which case instructions will be provided.
9 FAM 504.3-3 (U) Change of
Foreign-State Chargeability
9 FAM 504.3-3(A) (U) When Post
Action is Required
(CT:VISA-845; 06-04-2019)
(U) NVC checks every petition to
determine whether the applicant may benefit from the foreign-state
chargeability of the spouse under INA 202(b) (see 9 FAM
503.2-4(A)). In some cases, however, such as when the applicant provides
new information to post during the application process, it may be necessary to
correct foreign-state chargeability, update IVO records as well as the DS-260, and request new IV numbers. (See 9 FAM 503.2-4
for a description of the exceptions to the rule of chargeability.)
9 FAM 504.3-3(B) (U) Change of
Foreign-State Chargeability (FSC) Process
(CT:VISA-171; 09-06-2016)
a. (U) Update
IVO:
(1) (U) Case
Record: The applicants case record in IVO will need to be updated to
reflect the applicants new FSC. This includes changing the FSC on the
applicant tab as well as updating the visa info under annotations to
reflect the basis for the change.
(2) (U) Visa
Number Allocation:
(a) (U) In the event that post
has sufficient numbers in the relevant category and FSC, a number can be
allocated to the applicant.
(b) (U) If a visa number has not
been allocated, a "VISAS FROG" message requesting a number will need
to be sent if you intend to issue within that month. (See 9 FAM
504.3-2(B) for directions on how to
prepare a "VISAS FROG.")
(3) (U) Annotate
Visa: If the applicants case record is updated correctly as described
above, the visa will be annotated automatically to indicate the bases for the
change of FSC. In the circumstances described in paragraph b below, however,
in which the principal applicant derives a more favorable FSC from their
spouse, the visas must be annotated to also state that the visa is valid only
if accompanied by the spouse.
b. (U) When
Simultaneous Issuance of Visas is Required: When one IV applicant can
confer a more favorable preference status upon another at the same time the
other IV applicant can confer a more favorable foreign state chargeability,
both applicants may be considered principal aliens. In such cases, both
applicants must be admitted to the United States simultaneously. Therefore,
you must issue the visas simultaneously to both applicants since neither party
is allowed to precede the other spouse and both spouses must apply together for
admission into the United States. For example, if the principal applicant was
born in India and the accompanying spouse in France, the principal applicant
born in India may be charged to his spouses country of chargeability (France)
if the priority date is not current for India. (See 9 FAM
503.2-4(A).)