Many
clients write to ask us about the Law that made it possible for
the Diversity Visa Lottery (widely known as the Green Card Lottery)
to come into being.
Here below, find
an excerpt that tells you about the technicalities involved in the
selection criteria used by the United States Government in allocating
quotas and establishing the eligibility of various countries to
participate in the Diversity Visa Lottery Program.
Green Card Lottery - The Law
The following is the official
law of the United States concerning the Diversity Immigrant Visa
Program (the Green Card Lottery).
US DEPARTMENT OF STATE IMMIGRATION
AND NATIONALITY ACT
TITLE II - IMMIGRATION CHAPTER 1 - SELECTION SYSTEM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
Sec. 203. [8 U.S.C. 1153]
(c) Diversity Immigrants.
(1) In general. - Except as
provided in paragraph (2), aliens subject to the worldwide level
specified in section 201 (e) for diversity immigrants shall be allotted
visas each fiscal year as follows:
(A) Determination of preference immigration.
The Attorney General shall determine for the most recent previous
5-fiscal-year period for which data are available, the total number
of aliens who are natives of each foreign state and who
(i) were admitted or otherwise provided lawful
permanent resident status (other than under this subsection) and
(ii) were subject to the numerical limitations
of section 201(a) (other than paragraph (3) thereof) or who were
admitted or otherwise provided lawful permanent resident status
as an immediate relative or other alien described in section 201(b)(2)
.
(B) Identification of high-admission and
low-admission regions and high-admission and low-admission states.
The Attorney General :-
(i) shall identify -
(I) each region (each in this paragraph referred
to as a "high- admission region") for which the total
of the numbers determined under subparagraph (A) for states in the
region is greater than 1/6 of the total of all such numbers, and
(II) each other region (each in this paragraph
referred to as a "low- admission region"); and
(ii) shall identify -
(I) each foreign state for which the number
determined under subparagraph (A) is greater than 50,000 (each such
state in this paragraph referred to as a "high-admission state"),
and
(II) each other foreign state (each such
state in this paragraph referred to as a "low-admission state").
(C) Determination of percentage of worldwide
immigration attributable to high-admission regions. - The Attorney
General shall determine the percentage of the total of the numbers
determined under subparagraph (A) that are numbers for foreign states
in high- admission regions.
(D) Determination of regional populations
excluding high- admission states and ratios of populations of regions
within low-admission regions and high-admission regions. - The Attorney
General shall determine -
(i) based on available estimates for each region, the total population
of each region not including the population of any high-admission
state;
(ii) for each low-admission region, the ratio
of the population of the region determined under clause (i) to the
total of the populations determined under such clause for all the
low-admission regions; and
(iii) for each high-admission region, the
ratio of the population of the region determined under clause (i)
to the total of the populations determined under such clause for
all the high-admission regions.
(E) Distribution of visas. -
(i) No visas for natives of high-admission
states.- The percentage of visas made available under this paragraph
to natives of a high- admission state is 0.
(ii) For low-admission states in low-admission
regions. - Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than natives
of a high-admission state) in a low-admission region is the product
of-
(I) the percentage determined under subparagraph
(C), and
(II) the population ratio for that region
determined under subparagraph (D)(ii).
(iii) For low-admission states in high-admission
regions. - Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than natives
of a high-admission state) in a high-admission region is the product
of -
(I) 100 percent minus the percentage determined
under subparagraph (C), and
(II) the population ratio for that region
determined under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers.
- If the Secretary of State estimates that the number of immigrant
visas to be issued to natives in any region for a fiscal year under
this paragraph is less than the number of immigrant visas made available
to such natives under this paragraph for the fiscal year, subject
to clause (v), the excess visa numbers shall be made available to
natives (other than natives of a high-admission state) of the other
regions in proportion to the percentages otherwise specified in
clauses (ii) and (iii).
(v) Limitation on visas for natives of a
single foreign state. - The percentage of visas made available under
this paragraph to natives of any single foreign state for any fiscal
year shall not exceed 7 percent .
(F) Region defined. - Only for purposes of
administering the diversity program under this subsection, Northern
Ireland shall be treated as a separate foreign state, each colony
or other component or dependent area of a foreign state overseas
from the foreign state shall be treated as part of the foreign state,
and the areas described in each of the following clauses shall be
considered to be a separate region:
(i) Africa
(ii) Asia
(iii) Europe
(iv) North America (other than Mexico)
(v) Oceania
(vi) South America, Mexico, Central America, and the Caribbean
(2) Requirement of education or work experience.
- An alien is not eligible for a visa under this subsection unless
the alien-
(A) has at least a high school education
or its equivalent, or
(B) has, within 5 years of the date of application
for a visa under this subsection, at least 2 years of work experience
in an occupation which requires at least 2 years of training or
experience.
(3) Maintenance of information. - The Secretary
of State shall maintain information on the age, occupation, education
level, and other relevant characteristics of immigrants issued visas
under this subsection.
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