TNAG-0906-FCO40-1116-Immigration-from-China-to-Hong-Kong-1979 — Page 57

U.S. DEPARTMENT OF STATE

Bureau of Cikula Affairs

VISA SERVICES

Number 12 Volume IV

WASHINGTON, D.C.

/

IMMIGRANT NUMBERS FOR OCTOBER 1979

1. This bulletin summarizes the availability of immigrant numbers during Consular officers are required to report to the Department of October State all qualified applicants for numerically limited visas; and the Immigration and Naturalization Service reports the demand of all qualified applicants for adjustment of status. Allocations of numbers were made, to the extent possible under the numerical limitations, for the demand received by Sept. 10th in the chronological crder of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the class, or foreign state or dependent area, in which demand was excessive, was deemed to be oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the statutory or regulatory 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 allotment of numbers, to recede a cut-off date, supplemental requests for visa numbers will be honored only if the priority dates fall within the new cut-off date.

2. Issuances of visas are governed by provisions of Section 203(a) of the Immigration and Nationality Act, as amended, which prescribes preference classes as follows:

3.

First preference (unmarried sons and daughters of U.S. citizers): 20% of the

over-all limitatior of 290,000 in ery fiscal year;

Second preference (spouses and unmarried sons and daughters of aliens lawfully

admitted for permanent residence): 20% of over-all limitation, plus any numbers not required for first preference;

Third preference (members of the professions or persons of exceptional ability

in the sciences and arts): 10% of over-ali limitation;

Fourth preference (married sons and daughters of U.S. citizens): 10% of

over-all limitation, plus any numbers not required by the first three preference catetories;

Fifth preference (brothers and sisters of U.S. citizens 21 years of age or

over): 24% of over-all limitation, plus any numbers not required by the first four preference categories;

Sixth preference (skilled and unskilled workers in short supply): 10% of

over-all limitation;

Seventh preference (refugees): 6% of over-all limitation;

Nonpreference (other immigrants): numbers not used by the seven preference

catetories.

A labor certification under Section 212(a)(14) or satisfactory evidence that the provisions of that section do not apply to the alien's case in a prerequisite for nonpreference classification. Since all beneficiaries of approved third and sixth preference petitions are required to have a labor certification in support of the preference petition, such applicants are thereby entitled also to the nonpreference classification. Therefore, if visas are not available for them within their preference classes, and if nonpreference visas are available for their foreign state or dependent areas, these aliens may apply for nonpreference visas.