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General Information

  • Immigration Act of 1990, Immigrant Visa
  • Important Telephone Numbers and Addresses

    Immigration Act of 1990, Immigrant Visa

    Effective Date: October 1, 1991

    Visa Quota














    Starting FY95







    1for adversely affected countries
    2families of legalized aliens

    *** Visa quota for employment-based immigrants prior to Oct. 1, 1991: 3rd - 27,000; 6th - 27,000

    1. Family-Sponsored Immigrants

    1st preference: unmarried, adult sons and daughters of citizens. Adult means 21 years of age or older. (23,400 plus spilldown from 4th preference)

    2nd preference: (a) spouses and minor children under 21 and (b) unmarried sons and daughters of permanent residents (114,200 visas plus excess over the 226,000 floor plus spilldown from 1st preference from 1st preference -- but at least 77% of the visas must go to spouses and minor children, 87,934 minimum) (old quota for 2nd preference: 70,200)

    3rd preference: married sons and married daughters of citizens (23,400 plus spilldown from 1st and 2nd preferences)

    4th preference: brothers and sisters of adult citizens (65,000 plus spilldown from 1st, 2nd, and 3rd preferences) (old quota for 5th preference: 64,800)

    2. Employment-Based Immigrants

    (1) "Priority Workers" (40,000 plus spilldown from categories 4 and 5)

    (a) aliens with "extraordinary ability" in arts, sciences, education, business or athletics
    Requires (i) sustained national or international acclaim, (ii) achievements recognized through extensive documentation, (iii) intent to work in that area of ability, and (iv) contribution that would "substantially benefit prospectively" the U.S. (Reserved for elite in any given field, this group requires no Labor Certification).

    (b) "outstanding" professors and researchers
    Requires(i) international recognition as outstanding in a specific field, (ii) at least 3 years experience in teaching or research in that field, and (iii) entering for a tenured or tenure track teaching position or comparable research position. (Does not discuss effect of failure to receive tenure after entry.)

    (c) certain multinational executives and managers
    Requires employment with sponsor for at least one year in the three years preceding application and intent to continue to work for that employer, its subsidiary, or affiliate.

    (2) Professionals Holding Advanced Degrees (or equivalent) and Aliens of "Exceptional Ability" (40,000 plus spilldown)
    Requires for "exceptional ability" aliens that their presence "substantially benefit prospectively" the U.S. Allows the job offer requirement to be waived by the Attorney General. Stipulates that "exceptional ability" requires more than a mere degree or license.

    (3) Skilled Workers, Professionals Holding Basic Degrees, and "Other Workers" (40,000 plus spilldown, of which only 10,000 may go to "unskilled" workers)
    Divided into (a) "skilled" workers, i.e. 2 years training/experience, not temporary or seasonal, (b) "professionals" with baccalaureate degrees, and (c) "other" workers, including "unskilled" labor that is not temporary or seasonal.

    (4) Certain Special Immigrants, e.g. ministers and religious workers (10,000 visas)

    (5) Investors, with $1 million in capital and who employ 10 or more U.S. persons (with variations to encourage investment in targeted areas) (10,000 visas, or which 3,000 are set aside for investors in targeted areas of unemployment)

    Labor Certification, is required for categories 2 and 3 workers.

    INS may waive Labor Certification requirement for "national interest" application (under E2 preference).

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    Important Telephone Numbers and Addresses

  • State Department - Visa Services Inquiries or General Information: (202) 663-1225
    Inquiries about J Waiver Status: (202) 663-1600
    National Visa Center: (603) 334-0700
    Fax: (202)-663-3899

    USCIS Information line: (800) 375-5283

    Vermont Service Center
    75 Lower Welden Street
    Saint Albans, VT 05479-0001
    Tel: (802)527-3160

    Washington District Office
    4420 N. Fairfax Drive
    Arlington, VA 22203

    Baltimore District Office
    Fallon Federal Building
    31 Hopkins Place
    Baltimore, MD 21201

    DOL Mr. Stephen W. Stefanko
    Certifying Officer
    U.S. Department of Labor, ETA
    Suite 825 East
    The Curtis Center
    170 S. Independence Mall West
    Philadelphia, Pennsylvania 19106-3315
    Automated Line: (215) 861-5286
    Telephone Inquiries: (215) 861-5250

    Virginia Employment Commission
    ALC Unit
    3751 Nine Mile Road, Suite C
    Richmond, VA 23223
    Tel: (804) 236-2717

    Department of Labor
    Licensing and Regulation
    1100 North Eutaw Street, Room 212
    Baltimore, MD 21201
    Tel: (410) 767-2059

    Visa Quota Recorded message: (202) 663-1541
    Fax: (202) 647-3000

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    Copyright © 1998 Jerry C. Chang Law Office, P.C.