THE ABC’S OF IMMIGRATION – DIVERSITY IMMIGRANTS

The entry period for the DV-2002 green card lottery is this October, which makes this an appropriate time for us to address this method of immigrating to the US. 

The Immigration Act of 1990 created the Diversity Visa lottery program.  Under it, 55,000 visas are made available each year to nationals of countries that do not have large numbers of immigrants in the US.  (Under the Nicaraguan Adjustment and Central American Relief Act, 5,000 of these visas must be used for NACARA applicants.)  The requirements for qualification as a diversity immigrant are quite simple:  one must be a native of a qualifying country, and must have a high school education, or within five years before the application, have two years experience in a job that requires two years of training or experience. 

Natives and Qualifying Countries

Countries are selected for the lottery using a very complex formula, but essentially boils down to past rates of immigration.  If the country has had less than 50,000 immigrants to the US over the prior five years, it qualifies.  There are more formulas that are used to allocate the visas among the qualifying countries.  These depend in part on whether the country is in a high admission region or a low admission region.  In no case can a single country receive more than 3,850 visas.  There are six regions, Africa, Asia, Europe, North America, Oceania, and South and Central America and the Caribbean.  This year, the countries that are ineligible are:  Canada, China (not including Hong Kong or Taiwan), Colombia, the Dominican Republic, EL Salvador, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, South Korea, the United Kingdom (except for Northern Ireland), and Vietnam.

Native has a much broader definition that citizen or national.  A person is a native if they were born in the country.  The country a person was born in is determined at the time of the application.  For example, a person born in 1941 in a part of Germany that is now part of Poland would not be eligible for the lottery on the basis of their country of birth.  A person can be a native of a country other than where they were born in several situations.  One can be charged to a country one’s spouse is a native of.  Thus, a Canadian citizen who would not be eligible on their own, but who was married to a citizen of Ireland, would be allowed to apply and list their native country as Ireland.  Also, if one’s parents were not permanently residing in the country of birth, one can claim the parent’s home country as the native country.  For example, a person born in England to parents from Nigeria but studying temporarily in England would be eligible to apply with Nigeria as the native country. 

Education or Experience Requirement

The second requirement is education or experience.  The high school education requirement must be met by completion of a full 12-year course of study or its equivalent.  Passing a high school equivalency exam is not sufficient.  Even without education, an applicant can qualify through work experience.  They must have two years experience in a position requiring two years of training or experience, which must have been gained in the five years immediately before the application.  In determining whether a person’s experience qualifies, the State Department relies on the Department of Labor Dictionary of Occupational Titles.  Each job position is assigned a Specific Vocational Preparation estimate that is used to determine whether the applicant meets the experience requirement.
 
Making the Application

Each year the State Department accepts applications for the DV-lottery, generally in the fall.  The application period is for 30 days, and applications received before or after the official entry period will not be accepted.  The application is very simple.  The State Department does not require a set form, only that certain information be included.  The applicant must provide their name, date and place of birth, the names, dates and places of birth of any spouse or children, and if they are claiming a country other than the country of birth, indicate that as well.  Finally, the application should include a mailing address where the State Department can reach the applicant if they are selected for further processing.  The application must be accompanied by a passport size color photograph of the applicant.  The applicant must sign their own form, and the signature must be original. 

More information on this year’s green card lottery is available on our website at http://www.visalaw.com/lottery_page.html.

Processing after Selection

If a person is selected for further processing, they will be notified by the State Department.  At the same time, they will receive Packet III, which contains State Department forms for consular processing of an immigrant visa.  If the applicant is in the US, they may apply for adjustment of status.  Generally the State Department will expedite DV visa applications, because the visas are only available for one fiscal year, and the entire process must be completed within that period.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.