Legal Basis of the Greencard Lottery:
(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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