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Employment-Based Preferences

U.S. Department of State - Priority Dates for January 2009
NOTE: This information has been obtained from the Department of State visa bulletin.

Employment-Based All Chargeability Areas Except Those
Listed CHINA- mainland born INDIA MEXICO PHILLIPINES

1st C C C C C

2nd C 08JUL04 01JUL03 C C

3rd 01MAY05 01JUN02 15OCT01 15NOV02 01MAY05

Other Workers 15MAR03 15MAR03 15MAR03 15MAR03 15MAR03

4th C C C C C

Certain Religious Workers C C C C C

5th C C C C C

Targeted Employ-ment Areas/ Regional Centers C C C C C

"C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

1st:   Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

2nd:   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.

3rd:   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".

4th:   Certain Special Immigrants: 7.1% of the worldwide level.

5th:   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 P.L. 102-395.

INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

SI CATEGORY VISA AVAILABILITY FOR IRAQI AND AFGHANI TRANSLATORS

The National Visa Center has already scheduled 485 Special Immigrant Translator cases for interview in FY-2009. Of these, 332 SIVs have been issued to principal applicants and there are another 170 cases scheduled for March. Given the number of cases scheduled, along with the 221(g) cases still pending, it is likely that the FY-2009 numerical limitation of 500 visas in this category will soon be reached.

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