El abogado John Asuncion abogado independiente con casi 30 años de experiencia patrocina este mensaje: 

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El Departamento de Estado ha revelado el boletín de visas familiares para el mes de Mayo del 2019.

Esperamos que esta información le sirva:

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during June 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 in the Department of Homeland Security 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 May 9th. 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.  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, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, PHILIPPINES, and VIETNAM.

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 Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 15FEB12 15FEB12 15FEB12 08AUG97 22JUN07
F2A 15JUL17 15JUL17 15JUL17 01JUL17 15JUL17
F2B 15MAY13 15MAY13 15MAY13 15MAR98 15NOV07
F3 22DEC06 22DEC06 22DEC06 22FEB96 01FEB97
F4 01APR06 01APR06 15AUG04 08FEB98 01JUN97
22MAR05
22MAR05
22DEC10
01FEB16
01FEB16

*NOTE: For June, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01JUL17. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL17 and earlier than 15JUL17. 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 Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES 
F1 08OCT12 08OCT12 08OCT12 15OCT99 22APR08
F2A 08MAR19 08MAR19 08MAR19 08MAR19 08MAR19
F2B 08AUG14 08AUG14 08AUG14 15DEC98 01JUL08
F3 22AUG07 22AUG07 22AUG07 01JUL00 01NOV97
F4 01DEC06 01DEC06 15APR05 01DEC98 01MAR98

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 Pub. L. 102-395.

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-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES VIETNAM
1st 22APR18 22FEB17 22APR18 01JAN15 22APR18 22APR18 22APR18
2nd C 01AUG16 C 19APR09 C C C
3rd C 15SEP15 C 01JUL09 C 01NOV18 C
Other Workers C 01SEP07 C 01JUL09 C 01NOV18 C
4th C C 22MAR16 C 01OCT18 C C
Certain Religious Workers C C 22MAR16 C 01OCT18 C C
5th Non-Regional Center
(C5 and T5)
C 01OCT14 C C C C 01OCT16
5th Regional Center
(I5 and R5)
C 01OCT14 C C C C 01OCT16

*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.

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-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO  PHILIPPINES 
1st 01SEP18 01OCT17 01SEP18 01OCT17 01SEP18 01SEP18
2nd C 01NOV16 C 01JUN09 C C
3rd C 01JAN16 C 01APR10 C 01JAN19
Other Workers C 01JUN08 C 01APR10 C 01JAN19
4th C C 01SEP16 C C C
Certain Religious Workers C C 01SEP16 C C C
5th Non-Regional Center
(C5 and T5)
C 01NOV14 C C C C
5th Regional Center
(I5 and R5)
C 01NOV14 C C C C

6.  The Department of State has a recorded message with the Final Action date information which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on final action dates for the following month.

B.  DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JUNE

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-2019 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-2019 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 37,200 Except:  Egypt  21,110
ASIA 10,000 Except:  Nepal  5,775
EUROPE 26,800
NORTH AMERICA (BAHAMAS) 14
OCEANIA 1,025
SOUTH AMERICA,
and the CARIBBEAN
1,150

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-2019 program ends as of September 30, 2019. DV visas may not be issued to DV-2019 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2019 principals are only entitled to derivative DV status until September 30, 2019. DV visa availability through the very end of FY-2019 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.  THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For July, immigrant numbers in the DV category are available to qualified DV-2019 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 CURRENT Except: Egypt  23,400
ASIA CURRENT Except: Nepal  6,275
EUROPE CURRENT
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA,
and the CARIBBEAN
CURRENT

D.  INDIA EMPLOYMENT-BASED FIRST PREFERENCE VISA AVAILABILITY

Despite the final action date for this country having been held for the past three months, there continues to be an extremely high rate of demand for Employment First preference (E1) numbers, primarily for USCIS adjustment of status applicants.  This situation has resulted in the retrogression of this final action date for the month of June in an effort to limit future number use.

Such action will only be temporary with the E1 date for India returning to at least February 22, 2017 for October, the first month of fiscal year 2020.

E.  EMPLOYMENT-BASED FIFTH PREFERENCE VISA AVAILABILITY

India:  Continued heavy applicant demand is expected to result in the India Employment Fifth preference (E5) category approaching the per-country annual limit during July.  This is likely to result in the imposition of a July final action date, and that date will be sometime in 2017.  Then for August, India will become subject to the same final action date which applies to China-mainland born Employment Fifth preference applicants for the remainder of the fiscal year.

Such action will only be temporary with the E5 date for India most likely advancing to the summer or fall of 2017 for October, the first month of fiscal year 2020.
Vietnam:  Continued heavy applicant demand is expected to result in the Vietnam Employment Fifth preference (E5) category reaching the per-country annual limit during July.  Then for August, Vietnam will become subject to the same final action date which applies to China-mainland born Employment Fifth preference applicants for the remainder of the fiscal year.

Such action will only be temporary with the Vietnam E5 date most likely advancing to the fall or early winter of 2016 for October, the first month of fiscal year 2020.

El Abogado John Asuncion; Abogado Independiente y reconocido del Grupo Legal Del Sur De California, sus abogados de confianza, desean que esta información les ayude.

1(800) 988-1030

Sinceramente

Grupo Legal Del Sur De California.

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