Here is my draft to senator for your reference. Other people gave good sample letters but i rushed to send mine already. But it is not important, the most important thing is sending a message to DOS and USCIS.
Dear Senator
I am strongly concerned about the possible unfairness even possible unlawfulness in DOS's visa bulletin according to which the visa PD for China-born applicants no changes while India-born applicants jump from U to 2003. It seems the quota 7% belong to China-born applicants be redistributed to other nations illegally. Can you please make investigation into this matter and correct DOS’s discrimination against China-born applicants on immigration visa quota redistribution.
Thank you very much for your attention on this matter.
Attached:
Visa Bulletin
Number 117
Volume VIII
Washington, D.C.
VISA BULLETIN APRIL 2008
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are
required to report to the Department of State documentarily qualified applicants for numerically limited
visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security
reports applicants for adjustment of status. Allocations were made, to the extent possible under the
numerical limitations, for the demand received by March 11th in the chronological order of the reported
priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category
or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an
oversubscribed category is the priority date of the first applicant who could not be reached within the
numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a
number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cutoff
date, supplemental requests for numbers will be honored only if the priority date falls within the new
cut-off date.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored
preference limit of 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. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of 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, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt
from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference
limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and
second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three
preferences.
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.
Fifth: 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.
4. 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 in 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 demand exceeds the
per-country limit. These provisions apply at present to the following oversubscribed chargeability
areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
5. 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 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.)
Family
All
Chargeability
Areas
Except
Those
Listed
CHINAmainland
born
INDIA MEXICO PHILIPPINES
1st 22FEB02 22FEB02 22FEB02 08JUL92 01MAR93
2A 08MAY03 08MAY03 08MAY03 01MAY02 08MAY03
2B 22MAR99 22MAR99 22MAR99 01APR92 01FEB97
3rd 22MAY00 22MAY00 22MAY00 22JUL92 01APR91
4th 22JUL97 15DEC96 22NOV96 01DEC94 22FEB86
*NOTE: For April, 2A numbers EXEMPT from per-country limit are available to applicants from all
countries with priority dates earlier than 01MAY02. 2A numbers SUBJECT to per-country limit are
available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning
01MAY02 and earlier than 08MAY03. (All 2A numbers provided for MEXICO are exempt from the percountry
limit; there are no 2A numbers for MEXICO subject to per-country limit.)
All
Chargeability
Areas
Except
Those
Listed
CHINAmainland
born
INDIA MEXICO PHILIPPINES
Employment
-Based
1st C C C C C
2nd C 01DEC03 01DEC03 C C
3rd 01JUL05 08FEB03 01OCT01 01OCT01 01JUL05
Other
Workers 01MAR02 01MAR02 01MAR02 01MAR02 01MAR02
4th C C C C C
Certain
Religious
Workers
C C C C C
5th C C C C C
Targeted
Employment
Areas/
Regional
Centers
C C C C C
The Department of State has available a recorded message with visa availability information which can be
heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with
information on cut-off dates for the following month.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, 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 cut-off date reached November 19, 1997 during Fiscal Year
2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant
visas each fiscal year to permit immigration opportunities for persons from countries other than the
principal sources of current immigration to the United States. The Nicaraguan and Central American
Relief Act (NACARA) passed by Congress in November 1997 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 reduction has resulted in the DV-2008 annual
limit being reduced to 50,000. 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 April, immigrant numbers in the DV category are available to qualified DV-2008 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 Except
Those Listed
Separately
AFRICA 21,500
Except:
Egypt:
17,900
Ethiopia:
14,150
Nigeria:
9,900
ASIA 9,100
EUROPE 20,625
NORTH AMERICA
(BAHAMAS) 11
OCEANIA 1,200
SOUTH AMERICA,
and the CARIBBEAN 1,425
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-2008 program ends as of September 30, 2008. DV visas may not be issued to DV-2008 applicants
after that date. Similarly, spouses and children accompanying or following to join DV-2008 principals
are only entitled to derivative DV status until September 30, 2008. DV visa availability through the very
end of FY-2008
cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
CUT-OFFS WHICH WILL APPLY IN MAY
For May, immigrant numbers in the DV category are available to qualified DV-2008 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 Except
Those Listed
Separately
AFRICA 26,700
Except:
Egypt:
20,500
Ethiopia:
16,000
Nigeria:
11,600
ASIA 10,500
EUROPE 23,500
NORTH AMERICA
(BAHAMAS) 12
OCEANIA 1,400
SOUTH AMERICA,
and the CARIBBEAN 1,550
D. 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.
E. SI CATEGORY VISA AVAILABILITY FOR IRAQI AND AFGHANI TRANSLATORS
The National Visa Center has already scheduled over 450 SI Special Immigrant Translator cases for
interview in FY-2008. Given the number of cases scheduled, along with those still pending final action, it
is likely that the FY-2008 annual numerical limit of 500 will be reached within the next month or
so. Should there be any legislative changes which will affect this program that information will be posted
on the travel.state.gov website, and readers may consult that site for current information.
E. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State's Bureau of Consular Affairs offers the monthly "Visa Bulletin" on the
INTERNET'S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:
http://travel.state.gov
From the home page, select the VISA section which contains the Visa Bulletin.
To be placed on the Department of State’s E-mail subion list for the “Visa Bulletin”, please send an
E-mail to the following E-mail address:
listserv@calist.state.gov
and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)
To be removed from the Department of State’s E-mail subion list for the “Visa Bulletin”, send an
e-mail message to the following E-mail address:
listserv@calist.state.gov
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates which can be heard
at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with
information on cut-off dates for the following month.
Readers may questions regarding Visa Bulletin related items by E-mail at the following address:
VISABULLETIN@STATE.GOV
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO:March 11, 2008