January 14, 1997
Memorandum for Clients
Diversity Immigration Visa Lottery Program
This memorandum discusses eligibility requirements and procedures for
participating in the State Department's Diversity Immigrant Visa Program,
commonly known as the visa lottery. Participants who are selected in the lottery
will have an opportunity to apply for the 55,000 immigrant visas or "green
cards" available in the diversity immigrant visa category during Fiscal
Year 1998. The registration period for the diversity lottery begins on February
3, 1997 and ends on March 5, 1997.
I. Eligibility Requirements for Participation in
the Diversity Lottery
Under the applicable State Department regulations, to participate in the
lottery, an alien must: (1) be a native of a country with a low level of
immigration to the United States and (2) have at least a high school education
or its equivalent, or within the five years preceding the date of application
for a visa, have two years of work experience in an occupation requiring at
least two years of training or experience. See 22 C.F.R. §42.33(a). Each
of these requirements is discussed in further detail below.
A. Native of a Low Admission Foreign State
Under the Immigration and Nationality Act ("Act"), the Attorney
General determines which countries have low rates of immigration to the U.S. and
thus are eligible for inclusion in the lottery. See 8 U.S.C. §1153(c).
The 55,000 immigrant visas then are apportioned among six geographic regions.
The six geographic regions, the number of visas allotted to each region, and the
eligible countries within each region are listed below:
- Africa -- 21,179 visas. All African countries and adjacent islands
are eligible.
- Asia -- 7,280 visas. All countries and Hong Kong are included,
except the People's Republic of China, Taiwan, India, the Philippines, South
Korea and Vietnam.
- Europe -- 23,213 visas. All countries and Northern Ireland are
eligible except Great Britain and its dependent territories and Poland.
- North America (other than Mexico) -- 8 visas. The Bahamas is the
only North American country included in this year's lottery.
- Oceania -- 844 visas. Australia, New Zealand, Papua New Guinea, and
all countries and islands in the South Pacific are included.
- South America, Central America and the Caribbean -- 2,476 visas.
All countries are eligible except Colombia, the Dominican Republic, El
Salvador, Jamaica and Mexico.
See 61 Fed. Reg. 58730 (1996). Attachment 1 to this memorandum
contains a full list of the countries eligible for participation in the Fiscal
Year 1998 diversity lottery.
For purposes of the lottery, a "native" of a particular foreign
country is one who was born within the territory of the foreign country or one
who is entitled to be "charged" to a foreign country pursuant to
Section 202(b) of the Act (8 U.S.C. §1152(b)). See 22 C.F.R. §40.1(l).
An alien may be "charged" to a country other than his or her country
of birth in the following limited circumstances:
- An alien child, when accompanied by or following to join his alien
parents, may be charged to the foreign state of either parent.
- A spouse may be charged to the foreign state of a spouse that he or she is
accompanying or following to join.
- An alien born in the U.S. who in some manner loses his or her U.S.
citizenship or was not accorded citizenship at birth may be considered as
having been born in the country in which he or she is currently a citizen or
subject or, if there is no such country, in the last foreign country in
which he or she had a residence, as determined by the State Department.
- An alien born in a foreign state where neither of his or her parents was
born or had a residence at the time of the alien's birth may be charged to
the foreign state of either parent.
See 8 U.S.C. §1152(b). Lottery applicants may be living currently in
the United States or in a foreign country.
B. Education or Work Experience Requirement
As stated above, to qualify for participation in the diversity lottery, the
alien must have at least a high school education or its equivalent or, within
five years preceding the date of application for a visa, have two years of work
experience in an occupation requiring at least two years of training or
experience. Lottery applicants need not submit documentation regarding their
education or work experience with their applications. Rather, if an applicant is
selected in the lottery, he or she must document his or her education or work
history during the visa application process.
According to the State Department regulations, "high school education or
its equivalent" means successful completion of a twelve-year course of
elementary and secondary education in the United States or successful completion
in another country of a formal course of elementary and secondary education
comparable to completion of twelve years of elementary and secondary education
in the United States. See 22 C.F.R. §42.33(a)(2). With respect to the
work experience component of the requirement, the State Department relies on the
Dictionary of Occupational Titles published by the U.S. Department of
Labor to determine if an occupation requires two years of training or
experience. See 22 C.F.R. §42.33(a)(3).
II. Procedures for Participating in the Diversity Lottery
A. Contents of Application
The State Department recently published a public notice setting forth
procedures for participating in the Fiscal Year 1998 diversity lottery. There is
no specific application form or filing fee for entering the lottery. Rather, the
following information should be typed on a plain sheet of paper:
- Applicant's full name in the following format: last name, first name and
middle name. The applicant's last name must be underlined.
- Date of birth in the following format: day, month, year.
- Applicant's place of birth in the following format as applicable:
City/Town, District/County/Province, Country.
- Name, date and place of birth of Applicant's spouse and minor children, if
any.
- Applicant's mailing address and telephone number. The telephone number is
optional.
- Applicant's native country if different from his or her country of birth.
- A recent 1˝ inch by 1˝ inch photograph of the applicant with the
applicant's name printed across the back of the photograph. The photograph
should be taped to the application with clear tape, not attached with
staples or paper clips.
- Applicant's signature.
See 61 Fed. Reg. 58730 (1996).
B. Application Deadline and Mailing Procedures
Applications for the diversity lottery must be received by regular mail
during the registration period beginning on February 3, 1997 and ending on March
5, 1997. Applications "submitted by hand, telegram, fax, or by any means
requiring any form of special handling or acknowledgment of receipt will not be
given consideration." See 22 C.F.R. §42.33(b)(2)(ii). Further,
applications must be mailed in a regular letter or business-size envelope with
the applicant's native country, full name, and complete mailing address typed or
clearly printed in English in the upper left-hand corner of the envelope. An
applicant may submit only one entry during the registration period. Multiple
applications will disqualify the applicant from participation in the lottery. See
61 Fed. Reg. 58731 (1996).
Applicants should mail entries to one of the following addresses at the
National Visa Center in Portsmouth, New Hampshire, based on the location of
their native country:
- Asia -- DV-98 Program, National Visa Center, Portsmouth, NH 00210,
USA.
- South America, Central America, and the Caribbean -- DV-98 Program,
National Visa Center, Portsmouth, NH 00211, USA.
- Europe -- DV-98 Program, National Visa Center, Portsmouth, NH
00212, USA.
- Africa -- DV-98 Program, National Visa Center, Portsmouth, NH
00213, USA.
- Oceania -- DV-98 Program, National Visa Center, Portsmouth, NH
00214, USA.
- North America -- DV-98 Program, National Visa Center, Portsmouth,
NH 00215, USA.
C. Processing of Applications
Applications received during the registration period will be numbered
individually. Applications will be selected at random by computer regardless of
the time of receipt during the mail-in period. The State Department will notify
successful applicants by mail this summer and will forward instructions for
applying for an immigrant visa. Selected applicants must complete the immigrant
visa application and meet all eligibility requirements under U.S. law to be
issued a visa. The State Department cautions that:
Being selected as a winner in the [Diversity] Lottery does not
automatically guarantee being issued a visa even if the applicant is
qualified, because the number of entries selected and registered is
greater than the number of immigrant visas available. Those selected will,
therefore, need to complete and file their immigrant visa applications
quickly. Once the 55,000 visas have been issued, the [Diversity] Program
for Fiscal Year 1998 will end.
See 61 Fed. Reg. 58731 (1996).
If you have any questions regarding the above information, please call Timothy
J. Fitzgibbon (fitzgibbon@clm.com)
or Thomas F. Bardo (bardo@clm.com)
of Carter, Ledyard & Milburn's Washington, DC office at 202-898-1515.
|
