The Department seeks to clarify that the INA permits prorated allocation of available visas within an employment-based preference category to nationals from an individual country only when family-sponsored and employment-based preference visa demand from that country will exceed its per-country limit under INA section 202(a)(2), 8 U.S.C. Discussion of the Change Reflected in the April 2023 Visa Bulletin Government employees abroad, certain officers and employees of international organizations, and certain special The EB-4 category consists of special immigrants as defined in the INA, including certain religious workers, certain current and former U.S. When countries and visa categories are oversubscribed, and immigrant visas in categories with final action dates are available only to applicants with priority dates earlier than the listed final action date. Individual family-sponsored and employment-based preference categories are also deemed “oversubscribed” when worldwide demand exceeds the number of immigrant visas available in those categories. 1152(e), requires that visas in each preference category must be pro-rated to ensure distribution across all preference categories. If the Department determines that preference visa issuances to nationals of a particular country will exceed the per-country limit, that country is identified in theĪs “oversubscribed” and INA 202(e), 8 U.S.C. 1152(a)(2), imposes a “per country” limit of seven (7) percent of the total number of available family-sponsored and employment-based preference immigrant visas each fiscal year to nationals of individual foreign states. 1153(a)-(b), respectively, are allocated, and requires that visas in these categories be made available in the order in which the associated petition is filed. 1153(e), governs the order in which immigrant visas in the family-sponsored and employment-based preference categories under INA 203(a)-(b), 8 U.S.C. 1151-1153, are generally chargeable to their country of birth. Start Further Info FOR FURTHER INFORMATION CONTACT:Īndrea Lage, Acting Senior Regulatory Coordinator, Visa Services, Bureau of Consular Affairs, 600 19th Street NW, Washington, DC 20522, End Further Info End Preamble Start Supplemental Information SUPPLEMENTARY INFORMATION:Īpplicants for immigrant visas subject to numerical limitations prescribed in sections 201-203 of the INA, 8 U.S.C. Will reflect this interpretation with respect to the availability of employment-based preference visas for applicants from the Northern Central American countries of El Salvador, Guatemala, and Honduras (“NCA Countries”). To ensure that Department practice is consistent with these INA provisions, future The Department of State (“Department”) is issuing this document to state its interpretation of certain provisions in the Immigration and Nationality Act (INA) regarding the availability of immigrant visa numbers in categories subject to an annual numerical limit. Interpretation of certain statutory provisions. Provide legal notice to the public or judicial notice to the courts. Rendition of the daily Federal Register on does not Until the ACFR grants it official status, the XML Legal research should verify their results against an official edition of The official SGML-based PDF version on, those relying on it for The material on is accurately displayed, consistent with While every effort has been made to ensure that Regulatory information on with the objective ofĮstablishing the XML-based Federal Register as an ACFR-sanctioned The OFR/GPO partnership is committed to presenting accurate and reliable Register (ACFR) issues a regulation granting it official legal status.įor complete information about, and access to, our official publications Informational resource until the Administrative Committee of the Federal This prototype edition of theĭaily Federal Register on will remain an unofficial Each document posted on the site includes a link to theĬorresponding official PDF file on. The documents posted on this site are XML renditions of published Federal Register, and does not replace the official print version or the official It is not an official legal edition of the Federal This site displays a prototype of a “Web 2.0” version of the dailyįederal Register.
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