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| Employment Based Immigrant Visas : April 2009 |
| Employment- Based |
Worldwide |
China-mainland born |
India |
Mexico |
Philippines |
| 1st |
C |
C |
C |
C |
C |
| 2nd |
C |
15 Feb 05 |
15 Feb 04 |
C |
C |
| 3rd |
01 Mar 03 |
01 Mar 03 |
01 Nov 01 |
01 Mar 03 |
01 Mar 03 |
| Other Workers |
01 Mar 01 |
01 Mar 01 |
01 Mar 01 |
01 Mar 01 |
01 Mar 01 |
| 4th |
C |
C |
C |
C |
C |
| Certain Religious Workers |
U |
U |
U |
U |
U |
| 5th |
C |
C |
C |
C |
C |
Targeted Employment
Areas/Regional Centers |
C |
C |
C |
C |
C |
| 5th Pilot Progams |
U |
U |
U |
U |
U |
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"C" means current and "U" means unavailable.
First Preference: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second Preference: 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 Preference: 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".
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.
Fourth Preference: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth Preference: 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.
INA Section 203(e) provides that 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.
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