Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser Law Firm.
The US Department of State has issued the March 2014 Visa Bulletin. The DOS Visa Bulletin lists visa availability to let foreign nationals know when they can file an immigrant visa application or application for adjustment of status to obtain a green card as a US permanent resident. The dates listed are the Priority Dates for immigrant petitions (i.e., I-130, I-140, I-360, etc.) or Diversity (DV) Lottery winner case numbers. A visa is available if your priority date or an earlier date is listed for your category and country of chargeability or if your DV Lottery case number or a larger number is listed.
1) To read the visa bulletin, first find the appropriate chart for your case: The first chart is Family Based immigrant petitions. The second chart is Employment Based immigrant petitions. The remaining chart(s) is for the Diversity Visa Lottery.
2) Next locate the appropriate column or row for your country of chargeablity. If your country is not listed, that means that you would fall within the All Chargeability category. The DV lottery is listed by region instead of country although some countries within a region will be listed separately.
3) For the Family or Employment charts, locate your appropriate visa preference category from the rows listed on the left (F-1 through F-4 or EB-1 through EB-5).
4) Compare the priority date listed on the Visa Bulletin to the priority date for your petition. For the DV Lottery, compare the number listed on the Visa Bulletin to the number listed on your Congratulatory Notice.
The March 2014 Visa Bulletin becomes effective on March 1, 2014. Until then the February 2014 Visa Bulletin remains in effect. If you file a visa application or application for adjustment of status too early, your application will be rejected or denied.
FAMILY BASED IMMIGRATION CATEGORIES
Immediate Relatives: Spouses, Parents, and Unmarried Children Under 21 of US Citizens: Immediate Relative petitions do not have a limit on visa availability. They are not listed on the Visa Bulletin because there is no wait for a visa to become available for Immediate Relative petitions.
First Preference (F1) Unmarried Sons and Daughters of US Citizens: Visa availability for the Philippines remains at August 15, 2001. Availability for Mexico moved forward from October 1, 1993 to October 15, 1993. Availability for everyone else moved from January 1, 2007 to February 1, 2007.
Second Preference (F2A) Spouses and Unmarried Children Under 21 of US Permanent Residents: Unfortunately visa availability for Mexico F2A petitions has retrogressed from September 1, 2013 to September 1, 2012. Availability for all other countries remains at September 8, 2013. There is no expectation that visa availability will move forward until October 1, 2014, and it may be that the DOS may retrogress this category sometime this year.
Second Preference (F2B) Unmarried Sons and Daughters Over 21 of US Permanent Residents: Visa availability for the Philippines moved from May 22, 2003 to June 8, 2003. Availability for Mexico remains at May 1, 1993. Availability for all other countries jumped from July 8, 2006 to September 1, 2006.
Third Preference (F3) Married Sons and Daughters of US Citizens: Visa availability for the Philippines has moved from February 8, 1993 to February 15, 1993. Availability for Mexico has moved forward from June 1, 1993 to June 8, 1993. Availability for all other countries moved from May 15, 2003 to June 15, 2003.
Fourth Preference (F4) Siblings of US Citizens: Visa availability for the Philippines moved this month from August 8, 1990 to September 1, 1990. Availability for Mexico moved from November 8, 1996 to November 15, 1996. Availability for all other countries Moved from October 22, 2001 to November 8, 2001.
EMPLOYMENT BASED IMMIGRATION CATEGORIES
First Preference (EB-1) Extraordinary Ability, Intracompany Transferee, or Outstanding Professor or Researcher: Visa availability in this category remains current for all countries, meaning there are visas available for all petitions.
Second Preference (EB-2) Advance Degree Professional, Exceptional Ability, or National Interest Waiver: Visas availability for India has not moved since December 2013 and continues to remain at November 15, 2004. Availability for China has moved from January 8, 2009 to February 15, 2009. Visa availability for all other countries is current, meaning there are visas available for all priority dates.
Third Preference (EB-3) Professional, Skilled Worker and Other Workers: Visa availability for the Philippines has moved forward from April 15, 2007 to May 1, 2007. Availability for India has moved from September 1, 2003 to September 15, 2003. Availability for all other countries has jumped from June 1, 2012 to September 1, 2012.
Fourth Preference (EB-4) Certain Special Immigrants: Visa availability remains current for all countries, meaning visas are available for all priority dates.
Fourth Preference (Certain Religious Workers): Visa availability remains current for all countries, meaning visas are available for all priority dates.
Fifth Preference (EB-5) Investors: Visa availability remains current for all countries, meaning visas are available for all priority dates.
DIVERSITY VISA LOTTERY
The DV-2014 visas are available as follows:
All other countries in Africa: 25,000
All other countries in Europe: 20,050
N.A. Bahamas: 8
S.A. and Caribbean: 985
By Ari Sauer
Submit questions to The Immigration Answer Man by emailing your question to firstname.lastname@example.org. Questions submitted by email will be posted without personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship.
* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.