Visabulletin February2024

Download as pdf or txt
Download as pdf or txt
You are on page 1of 8

-1- February 2024

United States Department of State


Bureau of Consular Affairs

VISA BULLETIN
Number 86 Volume X Washington, D.C.
IMMIGRANT NUMBERS FOR FEBRUARY 2024

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during February 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 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 January 10th. If all reported demand could not 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. The fiscal year 2024 limit for family-sponsored preference immigrants determined in
accordance with Section 201 of the Immigration and Nationality Act (INA) is 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
on 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 issuances will exceed the per-country limit. These
provisions apply at present to the following oversubscribed chargeability areas:
CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
-2- February 2024
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.)

All Charge-
ability Areas CHINA-
Except Those mainland
Family- Listed born INDIA MEXICO PHILIPPINES
Sponsored

F1 01JAN15 01JAN15 01JAN15 01MAY01 01MAR12

F2A 08FEB20 08FEB20 08FEB20 01FEB20 08FEB20

F2B 01OCT15 01OCT15 01OCT15 22OCT03 22OCT11

F3 22APR09 22APR09 22APR09 08SEP98 08JUN02

F4 22MAY07 22MAY07 15NOV05 15SEP00 15OCT02

For February, F2A numbers EXEMPT from per-country limit are authorized for issuance to
applicants from all countries with priority dates earlier than 01FEB20. F2A
numbers SUBJECT to per-country limit are authorized for issuance to applicants
chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01FEB20 and
earlier than 08FEB20. All F2A numbers provided for MEXICO are exempt from the per-
country limit.
-3- February 2024
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.

All Chargeability CHINA-


Family-
Areas Except mainland INDIA MEXICO PHILIPPINES
Sponsored
Those Listed born
F1 01SEP17 01SEP17 01SEP17 01APR05 22APR15
F2A 01SEP23 01SEP23 01SEP23 01SEP23 01SEP23
F2B 01JAN17 01JAN17 01JAN17 01AUG04 01OCT13
F3 01MAR10 01MAR10 01MAR10 15JUN01 08NOV03
F4 01MAR08 01MAR08 22FEB06 15APR01 22APR04

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, of which not
more than 10,000 may be provided to "*Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved
as follows: 20% reserved for qualified immigrants who invest in a rural area; 10%
reserved for qualified immigrants who invest in a high unemployment area; and 2%
reserved for qualified immigrants who invest in infrastructure projects. The
remaining 68% are unreserved and are allotted for all other qualified immigrants.
-4- February 2024
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.)

All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based

1st C 01JUL22 01SEP20 C C

2nd 15NOV22 01JAN20 01MAR12 15NOV22 15NOV22

3rd 01SEP22 01SEP20 01JUL12 01SEP22 01SEP22

Other 01SEP20 01JAN17 01JUL12 01SEP20 01MAY20


Workers

4th 15MAY19 15MAY19 15MAY19 15MAY19 15MAY19

Certain 15MAY19 15MAY19 15MAY19 15MAY19 15MAY19


Religious
Workers

5th C 15DEC15 01DEC20 C C


Unreserved
(including C5, T5, I5, R5)

5th
Set Asides:

Rural (20%) C C C C C

High C C C C C
Unemployment
(10%)

Infra- C C C C C
structure
(2%)
-5- February 2024
*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 final action date reached
November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit
to 5,000 began in Fiscal Year 2002. For Fiscal Year 2024 this reduction
will be limited to approximately 150.

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.

All Charge-
ability Areas
Except Those CHINA -
Employment- Based Listed mainland born INDIA MEXICO PHILIPPINES
1st C 01JAN23 01JAN21 C C
2nd 15FEB23 01JUN20 15MAY12 15FEB23 15FEB23
3rd 01FEB23 01JUL21 01AUG12 01FEB23 01JAN23
Other Workers 15DEC20 01JUN17 01AUG12 15DEC20 15MAY20
4th 01SEP19 01SEP19 01SEP19 01SEP19 01SEP19
Certain Religious 01SEP19 01SEP19 01SEP19 01SEP19 01SEP19
Workers
5th Unreserved
(including C5, T5, I5, C 01JAN17 01APR22 C C
and R5)
-6- February 2024
(Chart B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS, continued)
All Charge-
ability Areas
Except Those CHINA -
Employment- Based Listed mainland born INDIA MEXICO PHILIPPINES
th
5 Set Aside:
C C C C C
(Rural – 20%)
5th Set Aside:
(High Unemployment – C C C C C
10%)
5th Set Aside:
C C C C C
(Infrastructure – 2%)

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

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.
Visa numbers made available to NACARA applicants in FY 2023 will result in reduction
of the DV-2024 annual limit to approximately 54,850. Section 5104 of the National
Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s
provisions on the Diversity Visa program such that the number of visas made
available under the NDAA will be deducted from the 55,000 DVs annually allocated.
These amendments will not impact the number of diversity visas available until FY
2025. DVs 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 DV2024
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:

All DV Chargeability
Areas Except Those
Region Listed Separately

AFRICA 26,500 Except: Algeria 26,000


Egypt 25,000
Morocco 25,000

ASIA 5,500 Except: Iran 5,450


Nepal 4,500

EUROPE 13,500 Except: Russia 13,250


Uzbekistan 5,500

NORTH AMERICA 5
(BAHAMAS)

OCEANIA 875

SOUTH AMERICA, 1,600


and the CARIBBEAN
-7- February 2024

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-2024 program ends as of
September 30, 2024. DVs may not be issued to DV-2024 applicants after that date.
Similarly, spouses and children accompanying or following to join DV-2024 principals
are only entitled to derivative DV status until September 30, 2024. DV availability
through the very end of FY-2024 cannot be taken for granted. Numbers could be
exhausted prior to September 30.

C. 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-2024 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:

All DV Chargeability
Areas Except Those
Region Listed Separately

AFRICA 40,000 Except: Algeria 35,000


Egypt 25,000
Morocco 27,500

ASIA 7,000 Except: Iran 6,750


Nepal 5,000

EUROPE 16,000 Except: Russia 15,500


Uzbekistan 5,750

NORTH AMERICA 13
(BAHAMAS)

OCEANIA 1,200

SOUTH AMERICA, 2,200


and the CARIBBEAN
-8- February 2024
D. SCHEDULED EXPIRATION OF THE EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR)
CATEGORY
Pursuant to H.R. 6363, signed on November 16, 2023, the non-minister special immigrant
program expires on February 2, 2024. No SR visas may be issued overseas, or final
action taken on adjustment of status cases, after midnight February 1, 2024. Visas
issued prior to that date will be valid only until February 1, 2024, and all
individuals seeking admission in the non-minister special immigrant category must be
admitted (repeat admitted) into the United States no later than midnight February 1,
2024.

The SR category is available and subject to the same final action dates as the other
Employment Fourth Preference categories per applicable foreign state of chargeability
for February. In the event there is no legislative action extending the category
beyond February 2, 2023, the category will immediately become “Unavailable” as of
February 2, 2023. In the event there is legislative action extending the category
beyond February 2, the published dates will continue to be in effect for the remainder
of February.

E. U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)


The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on
December 22, 2023, may affect certain current and former employees of the U.S.
Government abroad applying for SIVs or adjustment of status, as described in section
101(a)(27)(D) of the INA. This does not affect certain Iraqis and Afghans applying
for SQ and SI SIVs. Applicants should contact the consular section at which they
filed their Form DS-1884 for further information on the impact of that law on their
case.

F. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES,
PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Department of State Publication 9514


CA/VO: January 10, 2024

You might also like