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Commentary on the Visa Bulletin of September 2020 Immigration

The September 2020 Visa Bulletin was released yesterday. There was nothing important to report this month as there was very little (if any) movement in most categories. However, this is not entirely unexpected as September is the last month of the fiscal year and most visa numbers will be used up by then. We should expect some movement in next month’s visa bulletin at the beginning of the new financial year. With USCIS employees coming on vacation, the future is of course uncertain.

Comment:

September 2020

For all countries except India, China, the Philippines and Mexico: The priority date of the F2A category remains current, the F2B preference advances 30 days to a PD from July 8, 2015, the F4 category 14 days to September 22, 2006; EB1 remains current; EB2 remains current; and EB3 sticks to a PD from April 1, 2019.

For India only: The F2A category remains current, the F2B preference advances 30 days to July 8, 2015, the F4 preference 15 days to a PD on March 8, 2005; EB1 advances 21 days to a March 1, 2018 PD; EB2 stays on July 8, 2009; EB3 stays with a PD from October 1, 2009; EB5 Non-Regional Center and Regional Center will remain up to date.

For China only: EB1 advances 21 days to a March 1, 2018 PD; EB2 stays with a PD dated January 15, 2016; EB3 stays with a PD dated February 15, 2017; The EB5 Non-Regional Center and Regional Center will advance to a PD from August 15, 2015 within 7 days.

For Vietnam only: The EB5 Non-Regional Center and the Regional Center will be brought forward by 10 days to a PD from August 1, 2017.

Can submit your immigration applications if PD prior to:

F2A August 1, 2020; F2B May 1, 2016 for all territories except December 1, 1999 for Mexico and April 1, 2012 for the Philippines; F4 September 15, 2007 for all areas except November 22, 2005 for India, April 22, 1999 for Mexico, and September 1, 2002 for the Philippines.

EB1 Currently for all countries except July 1, 2018 for China and July 1, 2018 for India; EB2 All countries except India and China are current; EB3 April 1, 2020 for all countries except India, China and the Philippines; EB2 India stays on August 15, 2009; EB3 India remains on February 1, 2010; EB2 China stays on August 1, 2016; EB3 China stays on May 1, 2017; EB5 China (RC and non-RC) stays on December 15, 2015; Vietnam is not listed individually and should use the “All Countries” category.

Notes on the availability of visas copied from the Ministry of Foreign Affairs:

DD FOR THE LATEST INFORMATION ON VISA PROCESSING AT US EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE CONSULAR AFFAIRS OFFICE ON TRAVEL.STATE.GOV

EE DIVERSITY VISA LOTTERY 2021 (DV-2021) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV 2021 Diversity Lottery. The diversity lottery was conducted under the provisions of Section 203 (c) of the Immigration and Citizenship Act and provides 55,000 permanent residence visas to individuals from countries with low rates of immigration to the United States annually. Approximately 132,404 applicants have been registered and notified and are now ready to apply for an immigrant visa. Since it is likely that some of the first * 55,000 registered individuals will not pursue their cases for visa issuance, this larger number should ensure that all DV-2021 numbers are used in fiscal year 2021 (October 1, 2020 to September 30, 2021) become ).

Applicants registered for the DV 2021 program were randomly selected from 6,741,128 qualified submissions (11,830,707 with derivatives) submitted during the 35-day application period from 12:00 p.m. Eastern Daylight Time on Wednesday, October 2, 2019, were received by 12:00 noon Eastern Daylight time on Wednesday, November 6, 2019. Visas have been split across six geographic regions, with a maximum of seven percent available to people born in a single country. During the visa interview, lead applicants must provide evidence of high school education or equivalent, or two years of work experience in an occupation that requires at least two years of education or experience within the past five years. The selected individuals need to process their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and fill in the information requested in full.

Registrants who legally reside in the US and wish to apply for a status adjustment must contact US citizenship and immigration authorities for information on requirements and procedures. As soon as the total * 55,000 visa numbers have been used, the program for the 2021 financial year ends. Selected applicants who do not receive a visa by September 30, 2021 will no longer benefit from their DV-2021 registration. Similarly, spouses and children accompanying or following the lead applicants for DV-2021 are only eligible for Diversity Derivative Visa status until September 30, 2021.

The dates for the registration period of the DV-2022 program will be widely announced in the coming months. Those interested in participating in the DV-2022 program should visit the U.S. Department of State’s Visa website in the coming months.

* The Nicaraguan and Central American Aid Act (NACARA) passed by Congress in November 1997 provided that up to 5,000 of the 55,000 diversity visas allocated annually would be made available for use under the NACARA program. The reduction in the limit of available visas to 50,000 began with DV-2000. This reduces the annual limit for DV-2021 to around 54,750.

The following is the statistical breakdown of those registered for the DV-2021 program by foreign tax status:

AFRICA
ALGERIA 6.001 ESWATINI 3 NAMIBIA 0
ANGOLA 627 ETHIOPIA 3.957 NIGER 55
BENIN 830 GABON 65 RWANDA 1.067
BOTSWANA 3 GAMBIA, THE 71 SAO TOME AND PRINCIPLE 0
BURKINA FASO 83 GHANA 3.284 SENEGAL 167
BURUNDI 398 GUINEA 805 SEYCHELLES 4
CABO VERDE 6 GUINEA-BISSAU 7 SIERRA LEONE 504
CAMEROON 3,686 KENYA 2,777 SOMALIA 217
CENTRAL AFRICAN REPUBLIC 22 LESOTHO 3 SOUTH AFRICA 510
CHAD 191 LIBERIA 1,858 SOUTH SUDAN 40
KOMOROS 10 LIBYA 259 SUDAN 6.001
CONGO, DEMOCRATIC REPUBLIC OF 4.503 MADAGASCAR 23 TANZANIA 184
Congo, Republic of the 740s MALAWI 32 TOGO 1,118
COTE D’IVOIRE 737 MALI 103 TUNISIA 173
DJIBOUTI 175 MAURITANIA 105 UGANDA 908
EGYPT 6.002 MAURITIUS 12 Zambia 67
EQUATORIAL GUINEA 6 MOROCCO 4,458 ZIMBABWE 276
ERITREA 509 MOZAMBIK 7
ASIA
AFGHANISTAN 2,189 JAPAN 532 QATAR 82
BAHRAIN 19 JORDAN 1,578 SAUDI ARABIA 1,126
BHUTANE 69 KOREA, NORTH 3 SINGAPORE 40
BRUNEI 1 KUWAIT 302 SRI LANKA 1,566
BURMA 776 LAOS 43 SYRIA 487
CAMBODIA 1,174 LEBANON 249 TAIWAN 693
HONG KONG SAR 569 MALAYSIA 95 THAILAND 290
INDONESIA 317 MALDIVES 0 TIMOR-LESTE 0
IRAN 6.001 MONGOLIA 496 UNITED ARAB EMIRATES 282
IRAQ 1,184 NEPAL 3,801 YEMEN 1,222
ISRAEL 190 OMAN 32
EUROPE
ALBANIA 3,962 GREECE 71 NORTHERN IRELAND 4
ANDORRA 0 HUNGARY 93 NORWAY 7
ARMENIA 2,293 ICELAND 11 POLAND 383
AUSTRIA 35 IRELAND 29 PORTUGAL 24
AZERBAIJAN 1,439 ITALY 289 Macau 6
BELARUS 2,143 KAZAKHSTAN 2,406 ROMANIA 365
BELGIUM 32 KOSOVO 311 RUSSIA 6,001
Bosnia and Herzegovina 36 KYRGYZSTAN 2.130 SERBIA 239
BULGARIA 348 LATVIA 63 SLOVAKIA 23
CROATIA 32 LIECHTENSTEIN 1 SLOVENIA 6
CYPRUS 2 LITHUANIA 180 SPAIN 114
CZECH REPUBLIC 44 LUXEMBOURG 0 SWEDEN 41
DENMARK 24 MALTA 5 SWITZERLAND 48
Estonia 18 MOLDOOVA 1.565 TAJIKISTAN 2,332
FINLAND 26 MONACO 1 TURKEY 2,874
FRANCE 272 MONTENEGRO 33 TURKMENISTAN 870
Saint Martin 6 NETHERLANDS 43 UKRAINE 5,604
GEORGIA 1,899 Curacao 1 Uzbekistan 5,319
GERMANY 563 NORTH MACEDONIA 336 VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 29th
OCEANIA
AUSTRALIA 1.130 NAURU 11 SAMOA 8
Cocos Keeling Islands 19th NEW ZEALAND 360 SOLOMON ISLANDS 4
FIJI 1.087 Cook Islands 32 TONGA 95
KIRIBATI 12 Tokelau 5 TUVALU 2
MARSHALL ISLANDS 0 Papua New Guinea 29 VANUATU 7
MICRONESIA, SPRINGED
STATES OF 9
PALAU 5
SOUTH AMERICA
ANTIGUA AND BARBUDA 5 DOMINICA 3 PERU 1,559
ARGENTINA 191 ECUADOR 246 SAINT KITTS AND NEVIS 1
BARBADOS 5 GRENADA 1 SAINT LUCIA 2
BELIZE 8 GUYANA 5 SAINT VINCENT AND THE GRANATINES 3
BOLIVIA 38 HONDURAS 74 SURINAME 4
CHILE 36 NICARAGUA 69 TRINIDAD AND TOBAGO 44
COSTA RICA 68 PANAMA 10 URUGUAY 19
CUBA 1,235 PARAGUAY 3 VENEZUELA 1,872

Locals from the following countries were not eligible to participate in DV-2021: Bangladesh, Brazil, Canada, China (Mainland Born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (excluding Northern Ireland) and its dependent territories, and Vietnam.

FF DETERMINATION OF THE NUMERICAL LIMITS FOR IMMIGRANTS REQUIRED BY THE CONDITIONS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The Department of State is required to determine the worldwide numerical restrictions under Section 201 (c) and (d) of the INA annually. These calculations are based in part on data from the U.S. Citizens and Immigration Service (USCIS) on the number of immediate relative adjustments in the previous year and the number of aliens paroled under Section 212 (d) (5) in the U.S. second year before. Without this information, an official setting of the annual limits is not possible. In order to avoid delays in processing while waiting for USCIS data, the allocation by the Visa Office (VO) is based on the minimum annual limits set out in Section 201 of the INA. On July 31, USCIS VO provided the required data.

The Ministry of Foreign Affairs has set the numerical limits for family and employment preferences for the 2020 fiscal year in accordance with the provisions of Section 201 of the INA. These numerical constraints for fiscal 2020 are as follows:

Worldwide Family Sponsored Preference Limit: 226,000
Worldwide employment-related preference limit: 156,253

According to INA section 202 (a), the national limit is set at 7% of the annual family and employment limits. For the 2020 financial year, the limit per country is 26,758. The annual limit for dependent areas is 2% or 7,645.

Notes from Tahmina:

Given the No-RFE memo as well as the NTA memo, it is important that those waiting to receive their green cards maintain their underlying visa status.

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