C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER E—VISAS › PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED › Subpart F—Numerical Controls and Priority Dates

22 C.F.R. § 42.54

Order of consideration

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(a) General. Consular officers shall request applicants to take the steps necessary to meet the requirements of INA 222(b) in order to apply formally for a visa as follows:

(1) In the chronological order of the priority dates of all applicants within each of the immigrant classifications specified in INA 203 (a) and (b); and

(2) In the random order established by the Secretary of State for each region for the fiscal year for applicants entitled to status under INA 203(c).

(b) [Reserved]

[56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 61 FR 1836, Jan. 24, 1996; 63 FR 48578, Sept. 11, 1998]
Notes of Decisions
Cited in 14 cases (12 in the last 5 years), 1967–2024 · leading case: Tiszai, 12 I. & N. Dec. 425 (BIA 1967).
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Tiszai, 12 I. & N. Dec. 425 (BIA 1967). · cites it 2× “Appellant bases her contention on the provisions of section 202(b) (4) and 22 CFR 42.54. It is counsel's position that these sections fail to state or even to imply that the country of birth of the alien has to be a country outside the Western Hemisphere.”
Kaur v. Mayorkas (S.D.N.Y. 2023). · cites it 3× “§ 1153 (e); 22 C.F.R. § 42.54 . The priority date of an application is “current” when a visa for that category and country of chargeability is available.”
Nohria v. Cuccinelli (D.D.C. 2021). “§ 1153 (e); 22 C.F.R. § 42.54 . A petitioner in the queue then becomes eligible for a permanent resident visa, barring any other indications of ineligibility, when the listed priority date for petitioner’s country of origin and category printed in most recent monthly Visa…”
Gjoci v. Dep't of State (D.D.C. 2021). “§ 1153 (e)(2); 22 C.F.R. § 42.54 (2). The Kentucky Consular Center (“KCC”) is responsible for several aspects of diversity visa processing, including the issuance of visa numbers.”
Aminjavaheri v. Biden (D.D.C. 2021). “§ 1153 (e)(2); see 22 C.F.R. § 42.54 (2). So after receiving and reviewing all supporting documentation, and deeming the applicant "documentarily qualified," the KCC allocates visa numbers to selectees "who are within the applicable rank cut-off for that month.”
Delaware Valley Reg'l Ctr., LLC v. United States Dep't of Homeland Sec. (D.D.C. 2023). “22 C.F.R. § 42.54 . To help applicants understand whether a visa may be available for those who filed when they did, the State Department publishes a chart each month listing generic cut-off dates for categories of petitions.”
Mukkavilli v. Jaddou (D.D.C. 2023). “22 C.F.R. § 42.54 . To help applicants understand whether a visa may be available for those who filed when they did, the State Department publishes a chart each month listing generic cut-off dates for categories of petitions.”
Patel v. United States Citizenship & Immigr. Servs. (Uscis) (D.D.C. 2023). “§§ 1152 , 1153(e); 22 C.F.R. § 42.54 . B. Plaintiff’s Petition Plaintiff is an Indian citizen seeking to participate in the EB-5 Immigrant Investor Program.”
Ghobadi Pasha v. U.S. Dep't of State (D.D.C. 2024). “§ 1153 (e); 22 C.F.R. § 42.54 . A petitioner in the queue then becomes eligible for a permanent resident visa, barring any other indications of ineligibility, when the listed priority date for petitioner’s country of origin and category printed in the most recent monthly Visa…”
Nadhar v. Renaud (D. Ariz. 2021). “§ 1153 (e); 22 C.F.R. § 42.54 . A 21 petitioner becomes eligible for a visa when her priority date is listed for her country and 22 visa category in the State Department’s monthly Visa Bulletin.”
Khanna v. Mayorkas (D.N.J. 2021). “§ 1153 (e); 22 C.F.R. § 42.54 . A petitioner in the queue then becomes eligible for a permanent resident visa, barring any other indications of ineligibility, when the listed priority date for petitioner’s country of origin and category printed in most recent monthly Visa…”
Peddi v. Mayorkas (D.N.J. 2021). “§ 1153 (e); 22 C.F.R. § 42.54 . A petitioner in the queue then becomes eligible for a permanent resident visa, barring any other indications of ineligibility, when the listed priority date for petitioner’s country of origin and category printed in most recent monthly Visa…”
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