monopolization. (The figure cited is for applicants under §§ 203(a) and 203(b) com bined; the per-country limit for 203(c) applicants is 3,850.)

The law also requires (§ 202(e)) that visa allocations to oversubscribed foreig states be pro-rated among the § 203(a) and 203(b) classifications, in order to preven preemption of the per-country limit by applicants in the higher classes. (A foreig state (or dependent area) is considered "oversubscribed" when known demand ex ceeds the per-country limit.) If demand in a particular category is insufficient to us the pro-rated share of the numbers, however, the unused numbers fall to othe classes, permitting a disparity from rigid pro-rating during any given allocation cycle.

The Visa Bulletin sometimes contains projections of future availability of visa numbers for the various classifications and oversubscribed foreign states. Although these are based on the best available data, they are not guarantees as to what wil happen. Many factors affect the rate at which demand ebbs and flows, and actua movement of cut-off dates is contingent solely on each month's reports documentarily qualified applicants.

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2. LIST OF FOREIGN STATES SUBJECT TO ANNUAL LIMITATION OF IMMIGRANTS UNDER SECTION 202(a) OF THE IMMIGRATION AND NATIONALITY ACT

*

(Source: Visa Office, Department of State; as of January 1, 1995)

*The Immigration Act of 1990 (Pub. L. 101-649) amended section 202(a) of the Immigration and Nationality Act to increase the annual foreign state limitation. The annual foreign state limitation shall not exceed 7 percent of the total annual worldwide limitation. This amendment was effective October 1, 1991.

1 Foreign states which have dependent areas.

2 Persons born in Manchuria, Inner Mongolia, Sinkiang, and Tibet are chargeable to the limitation for China-mainland.

3 Persons born in the areas administered prior to June 1967 by Israel, Jordan, Egypt, and Syria are chargeable, respectively, to the foreign state limitation for Israel, Jordan, Egypt, and Syria.

For the purpose of the diversity immigrant category only, Northern Ireland is treated as a separate visa chargeability area under section 203(c) of the Immigration and Nationality Act. Treated as a separate chargeability area per section 103 of the Immigration Act of 1990.

6 Persons born in Junagadh and that portion of Jammu and Kashmir controlled by India are chargeable to the foreign state limitation for India. Persons born in that portion of Jammu and Kashmir controlled by Pakistan are chargeable to the foreign state limitation for Pakistan.

7 Persons born in the Habomal Islands, Shikotan, Kunashiri, Etorofu, and Southern Sakhalin are chargeable to the foreign state limitation for Japan.

In November 1986 three of the four political components which made up the Trust Territory of the Pacific Islands assumed new status and are no longer subject to the Trusteeship agreement. The Republic of the Marshall Islands and the Federated States of Micronesia are now sovereign, self-governing countries in free association with the United States; as such, each has become a separate chargeability for immigrant visa purposes. The Northern Marianas is now a Commonwealth in political union with the United States, and thus a U.S. territory; therefore, it is not a chargeability area for immigrant visa purposes. In October 1994, the Republic of Palau became a sovereign, self-governing country in free association with the United States, and as such has become a separate chargeability area for immigrant visa purposes.

Madeira and the Azores are included as an integral part of Portugal.

10 Serbia and Montenegro have proclaimed the formation of a joint independent state, but this entity has not been formally recognized as a state by the United States.

11 The Balearic Islands, the Canary Islands, and the following areas of Spanish sovereignty in North Africa-Ceuta, Islas Chafarinas, Melilla, Penon de Alhucemas, and Penon de Velez de la Gomera-are considered as integral parts of Spain.

3. LIST OF DEPENDENT AREAS SUBJECT TO ANNUAL LIMITATION OF IMMIGRANTS UNDER SECTION 202(a) OF THE IMMIGRATION AND NATIONALITY ACT *

(Source: Visa Office, Department of State; as of April 1, 1995)

*The Immigration Act of 1990 (Pub. L. 101-649) amended section 202(a) of the Immigration and Nationality Act to increase the annual dependent area limitation. The annual dependent area limitation shall not exceed 2 percent of the total annual limitation. This amendment was effective October 1, 1991.

+ Persons born in the portion of St. Martin controlled by France are chargeable to Guadeloupe; those born in the Netherlands controlled portion are chargeable to the Netherlands Antilles.

4. TRANSITION DIVERSITY PROGRAM-AA-1

(Source: Department of State; as of April 1, 1995)

(A) The Immigration Act of 1990 established a transition diversity program for Fiscal Years 1992, 1993 and 1994 under which 40,000 numbers outside the annual limitation were made available for natives of foreign states from which immigration had been "adversely affected" by P.L. 89-236 (the Act of October 3, 1965). This provision was derived from and intended as a bridge between the former "NP-5" program created by the Immigration Reform and Control Act of 1986 (P.L. 99-603) Isee Appendix in 8th Edition] and the permanent "Diversity Immigrants" classification (DV-1) which went into effect in FY-95. The temporary program was identified by the symbol AA–1. (As noted in Appendix VIII.A.II.(A)(1), the program was extended for an additional year to mop up numbers unused during the initial three years of operation. See (B) below for a discussion of the provisions relating to the extension.) The AA-1 program specifically applied to the same "adversely affected" countries previously identified for the NP-5 program. The merger of the former German Democratic Republic and the Federal Republic of Germany reduced the number from 36 to 35 such countries.

In addition to a substantial increase in the numbers, this provision also differed from the NP-5 program, however, in several other respects. For example, substantively, it set aside a minimum of 40% of the numbers for natives of the country with the highest usage of NP-5 visa numbers, i.e., Ireland. (Under a subsequent Technical Amendments Act provision [§ 302(b)(6) of P.L. 102–232], natives of Northern Ireland were deemed to be natives of Ireland for the purpose of this program.) It also required successful registrants to provide a firm offer of permanent employment (i.e., not less than one year) at the time of formal application for a visa or adjustment of status. Not least, it rendered §212(a)(6)(C) and §212(e) ineffective with respect to such applicants.

It also differed in procedural implementation. In its initial formulation, the program "selected" successful registrants by the chronological sequence in which their registration applications were received during a specified period. Under this system, applicants could submit as many registration applications as they wished and, as a counterweight to the vagaries of the many postal systems involved, a significant proportion of the applicants did, indeed, engage in multiple mailings. This procedure too was modified by the technical amendment. Effective for FY's 1993 and 1994, applicants were restricted to a single registration application; any duplicate invalidated all registration applications from the sender. Successful registrants were then chosen by random selection.

The first registration period was from October 14, 1991 to October 20, 1991. Over seventeen million applications were received (hence the change in the selection system), from which the first 50,000 were notified of their selection and instructed as to the requisite steps for applying formally for an immigrant visa or directed to the INS if the alien contemplated adjustment of status. The following is a breakdown by chargeability of the selected 50,000:

The Department, each year, published well in advance and publicized widely the registration period and the location to which such applications should be sent for the following fiscal year's AA-1 program. Each year's registration program was