Mark A Ivener, A Law Corporation

DOS Provides Information on ‘Frequently Misunderstood Points’

The Department of State’s April 2010 Visa Bulletin, section D, contains information on “frequently misunderstood points.” Topics include the reasons behind fluctuations in demand for visa numbers; per-country limits; and oversubscription.

Among other things, the bulletin notes that there is a significant amount of demand each month from applicants who have priority dates earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuances approach the annual limitations.

Further, the bulletin notes, the annual per-country limitation of 7 percent is a cap that visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation, the bulletin states, “serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries,” but notes that “[t]his limitation is not a quota to which any particular country is entitled, however.”

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.