How visa number works Part -I
unitednations said:
there was a comprehensive document which another member posted back last november. I think it was in the priority date retrogression forum. It was close to 10 pages from what I remember.
UnitedNations,
There was one article posted in the forum ... it spanned several pages... I had copied the content in my PC .. The posting was from Billtoo and here is the original content.
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The US has for many years limited the number of people who may immigrate.
Under the current system, there are four separate quotas, one each for family-based immigrants, employment-based immigrants, diversity immigrants, and refugees. The refugee quota is set each year by the President. It does not interact with the other quotas. There is also a worldwide quota and a per country quota. All of these interact.
The worldwide quota for immigrant visas is 675,000 visas per fiscal year. (The Breakdowns -- Family Based 480,000 + Employment Based 140000 + Ethnic Diversity 55000). The fiscal year starts October 1. Immigrants not subject to the numerical limitations (such as immediate relatives of US citizens, returning residents, and refugees) do not count against the 675,000.
The family-based quota for immigrant visas is calculated on an annual basis, according to the following formula. The base number is 480,000 visas . From that number is SUBTRACTED the number of persons admitted as immediate relatives in the previous fiscal year. If the resulting difference is greater than 226,000, then to the difference is ADDED the number of visas unused from the employment-based quota from the previous fiscal year. If the resulting difference is equal to or less than 226,000, then instead of the resulting difference, 226,000 is added to the number of unused employment-based visas. The resulting sum is the number of family-based visas available for the fiscal year.
[Side note: the reason for this "pierceable cap with a floor" of 226,000 visas is essentially a political face-saving compromise. There was a floor fight between those who wanted to continue to exempt immediate relatives from the quota and those who wanted to include them but raise the quota. The practical result was no change, because only if the number of immediate relatives admitted is less than 294,000 does the computation even come into play. The number of immediate relatives admitted always exceeds that amount. So the only real result of this legislative compromise is that the Department of State now has to keep track of immediate relative visa issuances for the purpose of determining whether the 294,000 threshold has been reached.]
The employment-based quota for immigrant visas is also calculated on an annual basis. The base number is 140,000 visas. To that number is ADDED the number of unused family-based visas, if any, from the previous fiscal year. As a practical matter, there have not been unused family-based visas for some time. For fiscal year 2006, the number of employment-based visas available is 140,000 (the base number).
The diversity-based quota for immigrant visas is alwayws 55,000. It does not change from year to year.
Both the family-based and employment-based visas are allocated by preference group and by country. The preference groups are explained in the Visa Bulletin so I won't go into them here. Suffice it to say that each preference group is entitled to a fixed number of visas (in some cases, an actual fixed number; in others, a percentage of the worldwide quota available that fiscal year), plus any visas allocated to higher preference groups that were not used in the previous fiscal year.
In addition to the worldwide quotas, there is a per-country visa limitation. The purpose of the limitation is to equalize opportunities for nationals of each country to immigrate to the US. The per-country visa limitation is 7% of the sum of the family and employment-based quotas, except for certain colonies and dependent areas where the limitation is 2%. Certain special rules apply to Taiwan, Hong Kong, and a few other areas. The per-country visa limitation does not apply, however, in any fiscal quarter for which there are more visas available for a country than there are qualified applicants. The reason is that if there are excess visas available to that country in a quarter, the country should be allowed to exceed the 7% for that quarter as long as by the end of the fiscal year, the 7% limitation is not exceeded.
The 7% number is not calculated separately for each group (family and employment based). It is a single number, calculated on the basis of the sum of the employment-based and family-based calculations for that fiscal year. For fiscal year 2006, the per-country limitation is 25,620 visas. The per-country limitation for dependent areas is 7,320.
All of this works fine unless there are more applicants than there are available visas for a given country. In that case, the prorating provisions of section 202 of the Immigration and Nationality Act determine how visas are allocated for that country.
The prorating provisions say that if the demand for visas for a particular country exceeds the 7% number, then the visas available for that country that year shall be prorated between the employment and family-based groups in the same proportion as the worldwide levels of immigration in those groups during the previous fiscal year. (This is referred to as an "oversubscription" for that country.) Within each group, the number of visas allocated to each preference is prorated according to the number of visas made available to that preference worldwide compared to the total number of visas available to that group.
Where F=family-based quota for year 1
and E=employment-based quota for year 1
and c=per-country limitation for year 2
and f=family-based visas available to that country for year 2
and e=employment based visas available to that country for year 2
then (f + e) = c
and f = (e * (F/E))
and e = (f * E/F)).