E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Sections 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the Citizenship and Immigration Services (CIS) regarding number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to officially determine of the annual limits. To avoid delays in processing while awaiting the CIS data, the Visa Office bases allocations on the minimum annual limits as outlined in Section 201 of the INA, along with estimates. On July 22nd, CIS provided the required data to the Visa Office.
The Department of State has determined the family and employment preference limits for FY-2008 in accordance with the terms of Section 201 of the INA. The numerical limits for FY-2008 are as follows:
Worldwide Family-sponsored preference limit: 226,000
Worldwide Employment-based preference limit: 162,704
Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.