U.S. Diversity Visa "Lottery"
Background Information
The U.S. Immigration and Nationality Act included an annual Permanent Resident "Green
Card" lottery that natives of certain countries may enter. The countries whose natives
are eligible to participate are those that have generated a relatively low number
of U.S. immigrants during the past five years. A total of 50,000 permanent Visas
may be issued in a fiscal year to selected natives of these qualifying countries.
If selected, winners must demonstrate that they have either a high school education
or its equivalent or two years of work experience within the past five years in
an occupation requiring at least two years of training or experience. Such applicants
also must not fall within one of the several grounds of inadmissibility.
This memorandum summarizes the major characteristics of the Diversity Lottery, but
does not explain the precise mechanics for entering the lottery and does not constitute
a legal option that the recipient of this memorandum is eligible to enter it. However,
you may access the U.S. Department of State ("DOS") Instructions for the Diversity
Immigrant Visa Program, which lists the specific requirements for filing an Application
for Registration and provides a complete list of qualifying countries. For the DOS
Instructions regarding the Diversity Lottery, please visit the DOS' website.
Countries Whose Natives May File for Registration
Only natives of underrepresented countries (see explanation below) may seek registration
in the Diversity Lottery. The countries whose natives are excluded from applying
for the Diversity Lottery may change, so please see the DOS' website for a list of countries natives who are excluded
from the current year's program.
Definition of Native
Only natives of qualifying countries may apply for registration in the lottery.
The term "native" has a different meaning than "citizen." Native means both an individual
who was born within one of the listed qualifying countries or an individual entitled
to be "charged" to one of the qualifying countries. Applicants for Diversity Lottery
registration can be "cross-charged" to the country of birth of a spouse. A minor
child can be cross-charged to the country of birth of a parent. An applicant born
in the country of which neither parent was a native or a resident at the time of
his/her birth may be cross-charged to the country of birth of either parent.
Other Requirements
If an applicant is selected as a winner, he or she must still apply for an Immigrant
Visa (if abroad) or Adjustment of Status (if in the U.S., and otherwise qualifies
for adjustment, and prefers to process in the U.S.). The law requires winners to
submit proof of one of the following at the time such final application is made:
- A high school education or the equivalent; or
- Two years of work experience in an occupation requiring at least two years of training
or experience within the five-year period prior to application.
The Registration Period
A foreign national who is eligible to file an application must mail information
meeting the lottery program requirements so that the envelope containing the information
is received by the DOS during the 30-day period indicated in the DOS' instructions.
Lottery Application Procedures
The requirements for applying to enter the lottery are detailed and are not explained
here because the DOS' website provides guidance.
Selection of Winners
The DOS will randomly select lottery winners and will notify winners by mail.
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