Definition of Marriage in the INA INA §1101 (35) The term “spouse”, “wife”, or “husband” do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated. Validity of Marriage a. Law of Place of Celebration Controls:  The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below).  If the marriage was legally performed in the place of celebration and legally recognized, then the marriage is valid for visa adjudication purposes.  Any prior marriage, of either party, must be legally terminated before the later marriage. b. Void for Public Policy:  Certain marriages that are legal in the place of celebration but are void under state law as contrary to public policy, are not valid for visa adjudication purposes. (1)  Polygamous Marriages:  Polygamous marriages are not recognized as a matter of federal public policy.  See Matter of H-, 9 I&N Dec. 640 (BIA 1962).  Any prior marriage, of either party, must be legally terminated before the later marriage. (2)  Marriage Between Relatives:  Certain marriages between relatives may be void because of public policy concerns even if the place of celebration recognizes the marriage. (a)  A marriage that is void under state law, such as a relative marriage, may be recognized as valid by the state of intended immigration. (b)  The legal thresholds vary state by state.  For example, first cousins may not marry in Michigan and such marriages in Michigan are void from their inception (M.C.L.A. 551.3 (2010)).  A 1973 ruling of the Michigan Supreme Court, however, found a marriage between first cousins that took place in Hungary **was nevertheless valid in Michigan.  See Toth v. Toth, 50 Mich. App 150, 212 N.W.2d 812 (1973). (c)  In any case where you suspect that a marriage may not be valid for visa adjudication purposes because the parties are biological relations such as siblings, uncle-niece, or first cousins, you may request an AO from L/CA. (3)  Minor Marriage:  Certain underage marriages involving an individual under the age of 18 may be void because of public policy concerns even if the place of celebration recognizes the marriage as valid. (a)  Legal thresholds for underage marriage vary state by state.  Some states may recognize a marriage performed in another jurisdiction even if state law would not allow the parties to enter a marriage in that state, while other states would not recognize such a marriage because it violates the public policy of the state.  In any case where you suspect that a marriage may not be valid in the state where the applicant intends to reside because one or both of the parties are underage or were potentially underage at the time of marriage, you should request an AO from L/CA. (b) Legal thresholds for sexual consent also vary state by state.  If you find that the applicant intends to reside in a state where the marital relationship will likely result in the commission of unlawful activity (i.e., statutory rape where there is no exception for marriage), you should request an AO from L/CA to determine if the visa should be refused under INA 212(a)(3)(A)(ii) based on intent to engage in unlawful activity. (c) In the context of IV processing, a minor can successfully petition for a spouse.  However, family-based IVs require that the petitioner submit an I-864, Affidavit of Support Under Section 213A of the INA.  INA 213A(f)(1)(B) requires that a petitioner must be at least 18 years of age to qualify as a “sponsor” on an I-864.   In any case involving a spousal petitioner who is under the age of 18, you should refuse the visa application under INA 212(a)(4)(A) as a public charge as the petitioner cannot properly submit the required I-864.  While a joint sponsor may be used in cases in which the petitioner does not meet the income requirement found at INA 213A(f)(1)(E), the age requirement cannot be overcome with a joint sponsor.  If the petitioner later reaches age 18 and meets all other requirements, the ineligibility can be overcome.  If the petitioner will turn 18 within a year after the initial adjudication, then no additional fee or application is required.  If the petitioner will turn 18 more than a year after the initial adjudication, then a new fee and visa application would be required.  See 9 FAM 504.11-4 and 9 FAM 601.14. (d)  If the petitioner or beneficiary indicates to you that they are being forced to marry against their will, you should reach out to the VO/F post liaison for guidance.  The Visa Office works closely with USCIS on cases involving allegations of forced marriage and can provide case-by-case guidance to you while working to protect the confidentiality of the party that disclosed the forced marriage.  In instances where you believe the underage applicant is being married against their will, you should conduct a more in-depth interview with the applicant, preferably in a privacy window.  You should obtain a statement from the applicant detailing the circumstances of the marriage and their intention and willingness to enter the marriage.  Regardless of the desires of the applicant, if you suspect forced marriage, you should send an AO to L/CA for confirmation of the legality of the marriage and potential return of the petition to USCIS on that basis.  If a forced marriage case results in a consular return, and if the applicant or beneficiary inquires, you must only communicate that the petition has been returned to USCIS.  See also 9 FAM 502.2-1(E) on IV forced marriages; 9 FAM 502.7-3(C)(5) on forced K visa relationships; and guidance on writing petition revocation memoranda with information not to be released to the petitioner at 9 FAM 504.2-8(B)(4), 9 FAM 601.13-2(E). What Qualifies as a Marriage? (CT:VISA-1774;   05-24-2023) 9 FAM 102.8 The term “marriage” is not defined in the INA; however, the meaning of “marriage” can be inferred from INA 101(a)(35), which defines the term “spouse.”  Relationships entered for purposes of evading immigration laws

Fraud & Misrepresentation Ground of Inadmissibility Inadmissibility for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018). Willful Misrepresentation Matter of O-M-O-, 28 I&N Dec. 191, 196 (BIA 2021) Cooper v. Harris, 137 S. Ct. 1455, 1465 (2017) Matter of MENSAH, 28 I&N Dec. 288 (BIA 2021) Link to case Materiality of a Statement See Matter of Munroe, 26 I&N Dec. 428, 430 (BIA 2014). Matter of MENSAH, 28 I&N Dec. 288 (BIA 2021) Link to case Authority to Inquire into Bona Fides of Marriage at Adjustment of Status See MARRIAGE FRAUD for more on this. Matter of Bosuego Matter of Bosuego, 17 I&N Dec. 125 (BIA 1979, 1980) In Matter of Bosuego, the Board concluded that the materiality requirement in former section 212(a)(19) was satisfied if one of the following was true: 1. “The alien is excludable on the true facts”; or 2. “The misrepresentation tends to shut off a line of inquiry which is relevant to the alien’s eligibility and which might well have resulted in a proper determination that he be excluded.” Id. at 127. Matter of Y-L- Matter of Y-L-, 24 I&N Dec. 151, 159 (BIA 2007) [PDF version] Matter of D-R- Matter of D-R-, 25 I&N Dec. 445 (BIA 2011) (“Matter of D-R- 2011”) [PDF version] Matter of KAGUMBAS, 28 I&N Dec. 400 (BIA 2021) An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2018). FULL DECISION FRAUD/MISREPRESENTATION WAIVER

Sponsor’s Household Size 150% of HHS Poverty Guidelines* 1 $22,590 2 $30,660 3 $38,730 4 $46,800 5 $54,870 6 $62,940 7 $71,010 8 $79,080 Add $8,070 for each additional person source: https://www.uscis.gov/i-912p

Things can happen to families while the beneficiary of a visa petition is waiting for their priority date to become current. For example, spouses can divorce or die, children may turn 21, children may marry or divorce, or an LPR petitioner may become a citizen. When someone’s family status change results in the principal beneficiary qualifying for a newvisa category, the visa petition is automatically converted into the new visa category. If theinitial visa petition was in a preference category, the priority date remains unchanged. This iscommonly referred to as “retention” of the priority date. If the initial petition was an immediaterelative petition, then the date that petition was filed becomes the priority date in the newpreference visa category. This may result in the beneficiary having a much longer wait in orderto immigrate based on the new preference category, like in the case of a child who gets married and becomes an adult son or daughter. However, in certain circumstances the waitcould get shorter, such as when an LPR petitioner parent naturalizes and their under 21-year-old child goes from being in a preference category to an immediate relative. When a New Petition May Be Required to Recapture a Priority Date Based on the language of the DHS regulations, as well as dicta in the Supreme Court decision in Cuellar de Osorio, there is a reasonable argument that derivative beneficiary children of LPRs who naturalize, automatically convert to immediate relative beneficiaries, without a new petition being filed by their newly naturalized parent. It is clear that the BIA in Matter of Wang overruled one regulation which required a new petition for aged out derivatives moving from the F2A to the F2B category.23Dicta in Cuellar de Osorio also noted that “automatic conversion[s]” never involved new petitioners, and “entailed nothing more than picking up the petition from one category and dropping it into another for which the alien now qualified.” Exceptions to the Revocation of Visa Petitions Widow/er of U.S. Citizen An I-130 visa petition will automatically convert to a widow/er self-petition (I-360) in the event of a US citizen petitioner’s death. A widow/er may also file a Form I-360 self–petition even if no I-130 was ever filed by the U.S. citizen deceased spouse. To qualify, the widow/er must meet the following criteria: • Must file the self-petition within two years of the U.S. citizen spouse’s death (unless an I–130 spouse petition is already on file), • Must prove that the marriage was a good-faith marriage, • There was no divorce or legal separation at the time of the U.S. citizen spouse’s death. The widow/er will be treated as an immediate relative. However, unlike other immediate relative petitions, widow/er petitions may include as derivative beneficiaries any children of the widow/er who were under 21 when the original petition (I-130 or I-360) was filed. Those who qualify for this relief are not subject to the affidavit of support requirement to overcome the public charge ground of inadmissibility INA § 204(I) INA § 204(l) provides relief to several categories of immigrants where the petitioner or principal beneficiary has died and is not limited to cases where the petitioner was a U.S. citizen. It is also not limited to the beneficiaries of family visa petitions. It includes, for example, qualifying derivative beneficiaries of I-140 employment-based petitions, asylum applications and refugee/ asylee derivative petitions, and T or U visa petition derivative beneficiaries. It applies to the beneficiaries of family-based visa petitions where either the petitioner has died, or the principal beneficiary has died, and the petition is still pending or approved. These are the criteria to qualify under INA § 204(l): Humanitarian Reinstatement Humanitarian reinstatement is a completely discretionary remedy for reinstating a petition where a petitioner has died. It applies only to previously approved petitions where the petitioner has died. Derivative beneficiaries are not eligible for this relief when a principal beneficiary has died. To initiate humanitarian reinstatement, the beneficiary must: Impact on Derivatives Some derivative beneficiaries lose out when the principal ages out, marries or divorces. Unless a derivative beneficiary can convert to another preference category when they age out, marry, or divorce, they will lose the priority date of the original petition. The only exception is where the CSPA protects an aged-out beneficiary. The petition itself remains valid as to the principal beneficiary and derivatives who have not lost their status. Automatic Revocation of Visa Petitions Certain circumstances can result in the automatic revocation of a visa petition, including some changes in family status. In such cases, the priority date is lost, though in some limited circumstances where the visa petition can be reinstated or other remedies may exist. Opt-Out Provision When an F2B beneficiary’s LPR parent naturalizes, that beneficiary automatically converts to a first preference immigrant. However, under the CSPA, the beneficiary may opt out of becoming a first preference immigrant and remain in F2B status if the waiting period for first preference exceeds the waiting period for F2B status. Unlike the adjusted age provision of the CSPA, there is no deadline for making the choice between first preference and F2B status. When a New Visa Petition Can Retain/Recapture the Priority Date of a Previously Filed Visa Petition Sometimes a visa petition gets misplaced by USCIS and a new one must be filed, or other circumstances occur that result in the filing of a new visa petition. The rule governing when a priority date can be kept is that the original petition must have been approved, and you must have the same petitioner, the same beneficiary, and the same visa category.50 This phenomenon has sometimes been referred to as “recapturing” the priority date of the original petition, as opposed to “retention” of the priority date, though, as noted above, the two terms are used interchangeably and basically mean the same thing. If the petitioner and beneficiary have proof that the original visa petition was approved, including proof of the priority date, then the new visa petition will have the same priority date

Legal Authorities For A Religious Worker Eligibility Requirements For a Religious Worker Religious Worker Adjustment of Status Eligibility Requirements  The applicant has been inspected and admitted or inspected and paroled into the United States.  The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application.  The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker. The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application and at the time of final adjudication. The applicant is not subject to any applicable bars to adjustment of status. The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief. The applicant merits the favorable exercise of discretion. Documentation and Evidence An applicant should submit the following documentation to adjust status as a religious worker:  In addition, a spouse or child who is filing as a derivative applicant should submit the following: Additional Information Bars to Adjustment Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars. Sunset Date Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[USCIS Policy Manual] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date. Treatment of Family Members The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.  Frequently Asked Questions About Religious Worker Visas Q: What are the first steps to receiving an R-1 visa? A: The petitioning religious organization must first file form I-129 (Petition for Nonimmigrant Worker). Workers who are visa exempt must carry a copy of the I-797 approval notice when they enter the US. Q: Can I work for another employer once I am in the US as an R-1 religious worker? A: Yes. However, the new employer must petition you for a new visa. Example, if you wanted to go work for another religious organization, they would need to sponsor you for a new R-1 visa (If the prospective employer is not a religious body, they would need to sponsor you for another type work visa). Q: Once I enter the US on my R-1 visa, am I allowed to leave and then reenter the US on my R-1 status? A: As long as the R-1 visa remains valid, you may travel to the US. However, the validity period of the R-1 visa may not be as long as the authorized period of stay. Additionally, the number of reentries that may be made on an R-1 visa varies depending on the country of citizenship of the religious worker. Time spent outside of the US cannot be recaptured. Please see the next questions for explanation. Q: I am on my R1 extension, and am about to reach the 60 month limit. I spent 6 months outside the US while holding R1 status. Do the 6 months spent outside the US count against my R1 60 month limit? A: Yes, the 6 months spent outside the US counts against your 60 month R1 status limit. Time spent outside the US while on R1 status cannot be recaptured. In other words, you cannot seek an extension of your R1 status based on your absence from the US. After the 60 month limit is reached, you must leave the US and remain outside the country for a full year before seeking R1 status again. Q: What kind of religious workers are eligible for an R-1 visa? A: Individuals seeking an R-1 visa can be members of clergy (ministers, priests, monks, rabbis, officers, etc) or classified as ‘other religious workers’ who perform religious duties directly related to carrying out the beliefs and creed of the religious organization. However, all applicants bear the burden of proof that they are a religious worker and current member of the denomination. Volunteers and other non-religious centric employees (Such as janitors, musicians, clerks, fundraisers,etc) are not eligible for R-1 status. The intending worker does not need to be currently employed by the organization abroad, but must prove they have been a member of the denomination for a minimum of two years prior to filing. Q: How long will it take to receive my visa if I am outside the US? A: It is impossible to accurately guess without knowing more information and even then it is difficult because there are a number of factors that could affect this. Consular processing times vary from office to office. Q: How can I become a permanent resident after working on an R-1 visa? A: Religious workers may seek to become US permanent residents through the Eb-4 ‘Special Immigrant: religious worker’ category. The requirements are nearly identical to that of the R1 category; with the additional requirement that the intending immigrant must have two years of full-time religious work immediately prior to filing. The intending immigrant can be self-petitioning or be petitioned by a religious non-profit organization. There is no annual cap for religious workers who fall under the ‘minister’ category, and a 5000 annual cap on all other religious workers in the Eb-4 category. Eb-4 religious workers must wait for their I-360 application to be approved before they can filed to adjust status, if already in the US. There is no labor certification process for Eb-4 religious workers, however a work

Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf Why Does a Household Member Complete Form I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. Who completes this form? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Principal Immigrant The principal immigrant must submit one original Form I-864 and Form I-864A for his or her file along with supporting financial evidence of the sponsor’s and household member’s income. A Form I-864 or Form I-864A is considered original if it is signed in black ink. The principal immigrant should submit photocopies of the completed Form I-864 and Form I-864A for each of the family members traveling with him or her. Copies of supporting financial documents are not required for the principal immigrant’s family members. Tips on completing Form I-864A SECTION WHAT TO DO Part 1 The household member completes this section. Part 1, Questions 6.a-7 The household member provides his or her Place of Birth and Social Security Number, if you have one. Part 2, Questions 1.a.-1.c. The household member indicates the relationship to the sponsor (or, if appropriate, the joint sponsor or substitute sponsor). Part 3, Questions 1.a.-2.And Part 4, Questions 1-3d The household member provides this employment information and current individual annual income. In the beginning of Part 5 The sponsor (or, if appropriate, a joint sponsor or substitute sponsor) must print their name and the number of intending immigrants being sponsored. This number should include all intending immigrants that were listed in Part 5, Questions 1.a-25 and those listed in Part 9, Additional Information (if any). Part 5 List only the intending immigrants that are being sponsored on Form I-864. Part 5, Questions 31.a.-31.b. The sponsor (or, as appropriate, a joint sponsor or substitute sponsor) must sign and date the form. The signature needs to be original (not a photocopy). Part 6, Questions 6.a-6.c The household member must print, sign and provide the date of signature in black ink. The signature needs to be original (not a photocopy). Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS How do I calculate my household size? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. Who can be a Financial Sponsor? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. What are Poverty Guidelines? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’s website. What happens if the petitioner doesn’t have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864? No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? If a sponsor’s income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. When looking at income levels, the consular officer will look at the sponsor’s employment income first. Personal

Checklist of Documents to Bring to Your USCIS Interview (I-130 or I-1485) For Marriage-Based Cases For married couples who are preparing to attend their USCIS interview after submitting their Form I-130 Visa Petition and/or Form I-485 Adjustment of Status interview, you can use this checklist to gather supporting documents to bring to your USCIS interview.

The number of visas that are available for immigrants coming to the United States is limited under the law. The limitations are determined annually and then a monthly visa bulliten is published based on the number of visas used. The visa bulletin is used to determine when a visa is available. As an example this is the visa bulliten for September 2023. The Department of State has determined the Family and Employment preference numerical limits for FY-2023 in accordance with the terms of Section 201 of the INA. Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits.  For FY-2023 the per-country limit is 29,616.  The dependent area annual limit is 2%, or 8,462. These numerical limitations for FY-2023 are as follows: Worldwide Family-Sponsored preference limit:          226,000Worldwide Employment-Based preference limit:        197,091 STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS This bulletin summarizes the availability of immigrant numbers during September 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.  IMMEDIATE RELATIVES Immediate relative petitions are not subject to the family-sponsor preferences. Immediate relative visas are available once approved. Immediate relatives are considered to be: FAMILY-SPONSORED PREFERENCES All other family-sponsored visas are in preference categories. The preference categories will determine when the visa will become available. The family-sponsored preference categories are as follows: 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. September 2023 FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES Family-Sponsored  All Chargeability Areas ExceptThose Listed CHINA-mainland born INDIA MEXICO PHILIPPINES  F1 01JAN15 01JAN15 01JAN15 22APR01 01MAR12 F2A 01JAN18 01JAN18 01JAN18 01SEP16 01JAN18 F2B 22SEP15 22SEP15 22SEP15 01AUG01 22OCT11 F3 08JAN09 08JAN09 08JAN09 15JAN98 08JUN02 F4 22APR07 22APR07 15SEP05 01AUG00 22AUG02 Visa Bulletin For September 2023https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html 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, not more than 10,000 of which to “*Other Workers”. Fourth:  Certain Special Immigrants:  7.1% of the worldwide level. ***Special Immigrant Juvenile I-360 Petitions also use this preference category, read more. 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. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES Employment-based All Chargeability Areas ExceptThose Listed CHINA-mainland born INDIA MEXICO PHILIPPINES 1st 01AUG23 01FEB22 01JAN12 01AUG23 01AUG23 2nd 01JUL22 08JUL19 01JAN11 01JUL22 01JUL22 3rd 01MAY20 01SEP19 01JAN09 01MAY20 01MAY20 Other Workers 01MAY20 01SEP15 01JAN09 01MAY20 01MAY20 4th 01SEP18 01SEP18 01SEP18 01SEP18 01SEP18 Certain Religious Workers 01SEP18 01SEP18 01SEP18 01SEP18 01SEP18 5th Unreserved(including C5, T5, I5, R5) C 08SEP15 01APR17 C C 5th Set Aside:Rural (20%) C C C C C 5th Set Aside:High Unemployment (10%) C C C C C 5th Set Aside:Infrastructure (2%) C C C C C https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html DIVERSITY VISAS DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER 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.  This will result in reduction of the DV-2023 annual limit to approximately 54,833.  DV visas 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 September, immigrant numbers in the DV category are available to qualified DV-2023 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: Region All DV Chargeability Areas ExceptThose Listed Separately AFRICA Current Except:  Algeria     45,000              Egypt        43,200              Morocco   63,400 ASIA 21,000 Except:  Iran     16,000              Nepal  21,000 EUROPE 32,000 Except:  Russia         32,000               Uzbekistan  17,000 NORTH AMERICA (BAHAMAS)  Current   OCEANIA 2,500   SOUTH AMERICA,and the CARIBBEAN 3,150   https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html Entitlement to immigrant status in the DV category lasts