(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.
