Diversity Immigrant Visa


The Diversity Immigrant Visa program, also known as the green card lottery, is a United States government lottery program for receiving a United States Permanent Resident Card. The Immigration Act of 1990 established the current and permanent Diversity Visa program.
The lottery is administered by the Department of State and conducted under the Immigration and Nationality Act. It makes available 55,000 immigrant visas annually and aims to diversify the immigrant population in the United States, by selecting applicants from countries with low numbers of immigrants in the previous five years. As of 2018, around 23 million people apply for the lottery each year.
Many fraudulent schemes purport to increase the likelihood of winning in the lottery, but in fact the only way to apply and win is to enter one's data into the State Department's website, free of charge.
Attempts have been made to end the program since 2005.

History

Legislative and administrative history

Starting in 1986, the United States established several temporary immigrant visa programs outside of the usual immigration preferences. The first program was NP-5, run from 1987–89, where a limited number of visas was issued on a first-come, first-served basis. The second program was OP-1, run through a lottery from 1989–91 and available for natives of countries with low levels of recent immigration to the United States. The third program, AA-1, from 1992–94, was available for natives from a select group of countries that had been "adversely affected" by earlier immigration laws. Intentionally and in practice, people from Ireland and Northern Ireland benefited disproportionately from these programs. They were also known as the Donnelly, Berman and Morrison visas, respectively, after the sponsoring congressmen. The Government of Ireland has actively supported the various lottery bills and similar legislation since their inception.
The Donnelly visa benefited "several thousand Irish" and the Berman visa had some 500 Irish beneficiaries. Under the three-year Morrison program, by far the largest in size, those born in Ireland or Northern Ireland received a set-aside of 40% of all diversity visas, for a total of 48,000 set aside visas out of 120,000. Natives or citizens of Poland, via the sheer volume of applicants, received the second largest number of visas. The United Kingdom came in a distant third with some 6,000 visas in the Morrison program, the last in which natives of the United Kingdom or its territories were eligible to participate.
The Immigration Act of 1990 was passed with bipartisan support and signed by President George H. W. Bush. The legislation established the current and permanent Diversity Visa program, where 55,000 immigrant visas are available in an annual lottery. The lottery aims to diversify the immigrant population in the United States, by selecting applicants mostly from countries with low numbers of immigrants to the United States in the previous five years. From fiscal years 1999 to 2020, 5,000 of the visas from the DV program were reserved for use by the NACARA program, so the number of immigrant visas available in the lottery was reduced to 50,000.
The first DV lottery, for fiscal year 1995, was named DV-1. For fiscal years 1996 to 1999, the name was in the format DV-YY, where YY was the last two digits of the year. Since fiscal year 2000 the lotteries have been named in the format DV-YYYY, with the full year number. The year in the name refers to the fiscal year when the immigrant visas will be given, which starts in October of the previous calendar year, and the entry period for the lottery occurs almost a year earlier. Therefore, there is a two-year difference between the lottery name and its entry period. For example, for DV-2017, the entry period was in 2015.
Initially, the DV lottery was administered entirely by mail, and only winners were notified. The entry form moved to an online system starting in DV-2005, but still only winners were notified, by mail. Starting in DV-2010, all applicants are able to verify online whether they were selected. Notification of winners also by mail continued until DV-2011, but since DV-2012 it is done exclusively online.

Criticism and repeal efforts

Criticism of the program has focused on instances of fraud, racism and the random nature of the lottery, as well as criminal or terrorist actions perpetrated by certain lottery winners.
In 2002, Hesham Mohamed Hadayet, an Egyptian immigrant who maintained residency in United States through his wife's diversity visa, killed two people and injured four others at Los Angeles International Airport. This led to criticism of the lottery as a security threat.
Several attempts have been made to eliminate the lottery. In December 2005, the United States House of Representatives voted 273–148 to add an amendment to the border enforcement bill H.R. 4437 abolishing the DV. Opponents of the lottery said it was susceptible to fraud and was a way for terrorists to enter the country. The Senate never passed the bill. In March 2007, Congressman Bob Goodlatte introduced, which would eliminate the Diversity Visa program. In June 2007, the U.S. House passed H.R. 2764 to eliminate funding for the program, and the Senate did likewise in September.
However, the final version of this bill with amendments, signed into law on December 26, 2007, did not include the removal of funds for the program. Although H.R. 2764 was an appropriation bill and could only cut funds for the lottery during one fiscal year, this was the first time that both the House and the Senate passed a bill to halt the Diversity Visa program.
Rep. Goodlatte reintroduced his Security and Fairness Enhancement for America Act on May 7, 2009. The bill would have amended the Immigration and Nationality Act to eliminate the diversity immigrant program completely, but did not pass. Rep. Sheila Jackson-Lee introduced the Save America Comprehensive Immigration Act of 2009 on January 7, 2009. The bill would have doubled the number of diversity visas available to 110,000 yearly. This bill did not pass. A comprehensive analysis of DV lottery issues was prepared in 2011 by Congressional Research Service.
In 2013, the so-called "Gang of Eight" - a bi-partisan group of eight United States Senators - introduced a bill that would have comprehensively reformed the immigration system. The bill would have repealed the Diversity Immigrant Visa program. The legislation passed the Senate, but was defeated in the Republican-controlled House of Representatives amid Republican opposition.
In 2017, Sayfullo Habibullaevich Saipov, who had immigrated from Uzbekistan on a diversity visa in 2010, killed eight and injured eleven when he drove his truck down a bike path in Lower Manhattan. In response, President Donald Trump, who had earlier called for a return to a "merit-based" immigration system, called for an end to the program. Following Trump's call to end the program, White House Press Secretary Sarah Huckabee Sanders, indicated that diversity visa lottery recipients lack thorough vetting, something Politifact rated as false, noting that all recipients of the visa undergo background checks, security screenings, and interviews by consular officers before arrival in the U.S.

Process

Requirements

To enter the lottery, applicants must have been born in an eligible country. If selected, to qualify for the immigrant visa, they must have completed at least a high school education or at least two years of work experience in an occupation which requires at least two other years of training or experience. They must also satisfy general immigration requirements, such as means of support, no criminal background, and good health.
Eligibility is determined by the applicant's country of birth, with two exceptions: the applicant may claim the spouse's country of birth instead if desired, or a parent's country of birth if neither parent was born in the applicant's country of birth and did not legally reside there when the applicant was born. The applicant's country of residence or nationality is irrelevant to the lottery.
Each year, the Department of State publishes new instructions for applicants.

Geographical distribution

The visas are distributed among six regions: Africa, Asia, Europe, Latin America, North America, and Oceania.
Dependent territories are treated as part of their respective sovereign countries, and disputed territories are allocated as recognized by the United States. For example, Bermuda is treated as part of the United Kingdom under Europe, the Gaza Strip is considered part of Egypt under Africa, and the West Bank is considered part of Jordan under Asia. However, there are some exceptions: Northern Ireland, Hong Kong and Taiwan are treated as separate countries, and Macau is considered part of Portugal under Europe.
Each region that sent more than one sixth of the total number of immigrants to the United States in the previous five years is considered a "high-admission region", and each region that sent less than one sixth is a "low-admission region". The proportion of diversity visas given to the low-admission group is set as the proportion of recent immigrants from the high-admission group, and vice versa. Among regions of the same group, the diversity visas are allocated proportionally to their population, excluding ineligible countries.
Within each region, the visas are not allocated among individual countries. All applicants from the same region are selected randomly as a whole, for the number of visas allocated for that region, but with the limitation that no single country may receive more than 7% of the total diversity visas.
Although only 55,000 diversity visas are available each year, the lottery selects about 100,000 applicants. The reason for the larger selection is to ensure that all 55,000 diversity visas are eventually given each year, as some applicants are expected to fail general immigration requirements or may decide to withdraw and not to continue the process. As a result, some lottery winners who have received notifications might not obtain visas.
It is also possible that some visas remain available after all initially selected applicants are reviewed. In this case, additional applicants are selected later. For this reason, applicants who were not initially selected in the lottery should keep checking their status online periodically, until the end of the respective fiscal year.

Ineligible countries

Those born in any territory that has sent more than 50,000 immigrants to the United States in the previous five years are not eligible to receive a diversity visa. For DV-2021, natives of the following nations are ineligible: Bangladesh, Brazil, Canada, China, Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom and its dependent territories, and Vietnam.

Exemptions

The term 50,000 "immigrants" refers only to people who immigrated via the family-sponsored, employment, or immediate relatives of U.S. citizen categories, and does not include other categories such as refugees, asylum seekers, NACARA beneficiaries, or previous diversity immigrants. For this reason Cuba, Iraq, Ethiopia, Afghanistan, Iran, Nepal, Myanmar, Honduras, Egypt, Ecuador, Venezuela and Peru are not on the ineligible list as of 2019, despite sending over 50,000 immigrants in the previous five years. Northern Ireland, due to lobbying by Irish Americans, has a special exemption, as does Hong Kong, with those born in either jurisdiction being eligible to enter the lottery despite both China and the United Kingdom being ineligible.

Changes

The first program was in fiscal year 1995, and the following 12 countries were ineligible from the start: Canada, China, Dominican Republic, El Salvador, India, Jamaica, Mexico, Philippines, South Korea, Taiwan, United Kingdom and its dependent territories, and Vietnam. Since then, Bangladesh, Brazil, Colombia, Guatemala, Haiti, Nigeria and Pakistan have been added to the ineligible list and are currently on it, Taiwan has been removed from it, and Ecuador, Peru, Poland and Russia have all been both on and off the ineligible list, reflecting shifting levels of immigration from these countries.
Macau was ineligible as part of China only for DV-2002, whose entry period was after the transfer of sovereignty of Macau from Portugal to China but before enactment of the Macau Policy Act, which specified that U.S. law would treat Macau as it did before the transfer.
Of the eight most populous countries in the world, all are ineligible except Indonesia. Of the next 10 most populous countries, seven are eligible, of which four had the most applicants selected for DV-2020.
Country199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021
Others

Statistics

RegionDV-2020DV-2019DV-2018DV-2017DV-2016DV-2015DV-2014DV-2013DV-2012DV-2011DV-2010DV-2009DV-2008DV-2007
Africa31,56238,24749,39238,50045,03458,00061,94352,08050,00051,00454,00353,97952,82443,999
Asia15,94115,61915,99713,49915,00220,00223,27016,04515,00214,99915,00114,00214,14211,929
Europe30,79430,00641,70628,50027,01140,00046,58833,08831,00130,99929,80327,92126,14921,938
Latin America4,1892,1824,9951,9513,0003,9994,6202,2062,0022,0011,9821,8931,8453,097
North America2018151016142316151818121712
Oceania1,3781,5383,8631,4501,5003,4994,2152,1932,0011,6001,8031,8011,7131,398
Total83,88487,610115,96883,91091,563125,514140,659105,628100,021100,621102,61099,60896,69082,373

RegionDV-2020DV-2019DV-2018DV-2017DV-2016DV-2015DV-2014DV-2013DV-2012DV-2011DV-2010DV-2009DV-2008DV-2007
Africa0.46%0.42%0.55%0.88%0.83%0.77%0.79%0.88%1.06%1.23%1.27%1.13%
Asia0.36%0.35%0.43%0.74%0.98%0.86%0.15%0.19%0.24%0.22%0.40%0.44%
Europe0.59%0.49%0.53%0.85%1.05%0.90%1.03%1.20%1.38%1.28%1.23%1.15%
Latin America0.62%0.36%0.41%1.27%1.74%1.01%1.00%1.03%1.57%0.98%0.76%0.63%
North America0.42%0.28%0.38%0.39%0.63%0.48%0.40%0.47%0.69%0.38%0.64%0.61%
Oceania7.89%2.93%3.11%8.77%9.34%5.89%5.14%4.25%5.34%4.40%4.25%4.01%
Total0.36%0.39%0.50%0.43%0.52%0.87%0.96%0.84%0.51%0.61%0.75%0.76%0.96%0.91%

Region, country or territory2017201620152014201320122011201020092008
Africa19,21120,70619,68622,70323,60713,58224,01524,74524,64822,960
Asia7,6508,8987,5708,5009,7856,4819,1678,8247,7597,335
Europe20,51615,20719,81118,90417,29613,09316,37816,08314,24114,788
Latin America1,8301,3701,4591,4721,0297429781,008782835
North America357216321315
Oceania766532844761838562578639605710
Total49,97646,71849,37752,34252,57134,46351,11851,31248,03646,633
Afghanistan1441922895594325664632
Albania2,4361,5061,9101,5719945289651,6452,0332,057
Algeria9961,2771,0939711,058343846797798823
Andorra0020000000
Angola1237810137156144
Antigua and Barbuda1046601610
Argentina36305273323757916260
Armenia1,5661,0001,5561,2729036441,0131,001950837
Aruba0000011046
Australia398331486406433292275285187238
Austria34104824423469565430
Azerbaijan434204289190190149222207217163
Bahamas357216321315
Bahrain12224102140
Bangladesh2953,0903,0172,6632,286
Barbados20680461432
Belarus801568868844848285684734780769
Belgium42133424394726543932
Belize30011218357
Benin23728219318223082220223198183
Bhutan7917844057
Bolivia10242326332830765379
Bosnia and Herzegovina84487739304433376231
Botswana31421059010
Brunei0001101001
Bulgaria5406148341,0269654566535717531,093
Burkina Faso13813212212022310311710992117
Burundi7564473728112842229
Cambodia19826615233439918816813212092
Cameroon1,2141,6251,4551,2891,6198471,7061,5811,5301,190
Cape Verde201227010080
Central African Republic28313021130
Chad1018159103166107
Chile131102412616113114
Comoros1000102521
Congo42504955471245342043
Costa Rica1310625202121723
Croatia27223041203420293618
Cuba38453647430219370231140190256
Curaçao0000421
Cyprus88873228145
Czech Republic20283841302334423781
Democratic Republic of the Congo2,6692,7782,6412,4422,2351,2211,522924601511
Denmark21141721201717341223
Djibouti323318131881891115
Dominica34261191015213
East Timor0000000010
Ecuador113
Egypt3,5802,8553,4563,5003,3832,0133,2683,2533,6513,310
Equatorial Guinea0000000201
Eritrea81149186173245144381368392302
Estonia13102117231221131619
Eswatini0500013020
Ethiopia2,5602,1432,4692,5432,3931,4193,5363,7743,6903,549
Fiji214130185218254174174232291313
Finland2922291625354034229
France258211346326228186275272241308
French Polynesia0000110000
Gabon139121861077518
Gambia15613711111415267
Georgia548368507345411293461441360284
Germany284293535497584595860964910817
Ghana8034325261,4601,8951,6892,4602,6601,9121,868
Greece96549879543042437684
Grenada6126172411
Guadeloupe0000000002
Guatemala139204430
Guinea20529326226425711318526886109
Guinea-Bissau1020701000
Guyana241461673032197
Honduras30263138242326261014
Hong Kong18553446401027233248
Hungary8379121103112801256513882
Iceland9111101515133094
Indonesia414544686610089122122156
Iran2,1062,7882,6612,3863,8022,4282,0231,8541,117841
Iraq1501462349663657375088
Ireland31365044527687615151
Israel34352058744541304347
Italy244194289282157207186167161128
Ivory Coast442510377376325156297230215194
Japan117194143269287216177199207282
Jordan96176721811226287729525
Kazakhstan460243460325316237236201200172
Kenya1,0141,1169031,2161,2817521,9182,4202,3652,187
Kiribati0330020022
Kosovo31816414695126718391502
Kuwait45592958663125291022
Kyrgyzstan223135286235189182147130122132
Laos0000200310
Latvia22313057572270364119
Lebanon41725258879456468377
Lesotho0003040100
Liberia9971,5531,7441,7541,2317861,003848831580
Libya1151277251826044705623
Liechtenstein0000001000
Lithuania9691167156141129167133106128
Luxembourg2000332003
Macau181734628311
Madagascar22991723317152713
Malawi100111516113171320
Malaysia30481438202748413039
Mali15392321292023384334
Malta0000040500
Marshall Islands0001040000
Martinique0000000014
Mauritania136607312283
Mauritius2111664724202122
Moldova1,3691,1891,5661,211906684582399273279
Monaco0004000001
Mongolia97157557911691209108129199
Montenegro13761111541148
Morocco1,0801,1159128648943769871,7822,0042,129
Mozambique3015020310
Myanmar14814088200267197253282371113
Namibia53707240100
Nauru0000006000
Nepal3,4773,2473,3703,5043,3771,9532,0171,9361,6152,073
Netherlands314046713561528010368
Netherlands Antilles01123
New Caledonia0001000000
New Zealand12766149132131871098084117
Nicaragua354228722202614
Niger615151818320202142
Nigeria2,4673,2741,8872,8102,8343,2753,425
Norfolk Island0050000000
North Macedonia23520626318314868177150205219
Northern Ireland46151814151710133
Norway934016912121110
Oman6412120215
Palau0000000300
Panama01575751795
Papua New Guinea10129018122
Paraguay22214641735
Poland287327412500829
Portugal1511292720161791612
Qatar91615151430001
Réunion0000000010
Romania321342539498423589482366343876
Russia1,8121,4012,0281,9281,6801,0961,5521,095
Rwanda1612421991391584364653244
Saint Kitts and Nevis0010530222
Saint Lucia101515919742
Saint Vincent and the Grenadines0235914531
Samoa00000249211
Saudi Arabia11112489109885641343729
Senegal981391041099151128128163104
Serbia314213216206171120156158211351
Seychelles0030010030
Sierra Leone340383354449719287317314547438
Singapore91223261412111421
Sint Maarten0010000
Slovakia31264436361737434567
Slovenia12851422576
Somalia561045946782852717040
South Africa215182197217319225309303301235
South Sudan61110000
Spain108101183183957586807556
Sri Lanka160324201301296217336441548466
Sudan1,1741,8331,191965436308569557592502
Suriname0224310312
Sweden53464835626243544650
Switzerland35315661405069799671
Syria128164134138917267375340
Taiwan160167103215160158214231251275
Tajikistan4192393392482091521821218066
Tanzania463260285162816513772
Thailand19312619312236324945
Togo504688547565514281526507483469
Tonga2411521119222727
Trinidad and Tobago172053624543531037648
Tunisia631003840492642685343
Turkey1,3867961,2451,0847128999931,0581,041972
Turkmenistan9375105106707285775978
Tuvalu2000000000
Uganda92166171184204111211158170152
Ukraine2,0401,7871,3131,7701,8441,4391,6761,8071,7141,914
United Arab Emirates312840364041225113
Uruguay88591348712
Uzbekistan3,1992,3782,5243,0323,3853,2123,5963,3562,3882,274
Vanuatu0100000000
Venezuela1,274684735802560476448391253155
Yemen2673971712001956640335122
Zambia17203318391848413865
Zimbabwe44854732684289659647

Fraud

There is no charge to enter the Diversity Visa lottery, and the only way to do so is by completing and sending the electronic form available at the U.S. Department of State website during the registration period. However, there are numerous companies and websites that charge a fee in order to complete the form for the applicant. The Department of State and the Federal Trade Commission have warned that some of these businesses falsely claim to increase someone's chances of winning the lottery, or that they are affiliated with the U.S. government.
There have also been numerous cases of fraudulent emails and letters which falsely claim to have been sent by the Department of State and that the recipient has been granted a Permanent Resident Card. These messages prompt the recipients to transfer a "visa processing fee" as a prerequisite for obtaining a "guaranteed" green card. The messages are sometimes sent to people who never participated in the lottery and can look trustworthy as they contain the recipient's exact name and contact details and what appears to be a legal notice.
The Department of State has issued a warning against the scammers. It notes that any email claiming the recipient to be a winner of the lottery is fake because the Department has never notified and will not notify winners by email. The Department has urged recipients of such messages to notify the Internet Crime Complaint Center about the scam.
The office of inspector general has identified multiple problems with DV lottery in several countries, including Ukraine, Ghana, Albania in embassy inspection reports.
According to testimony from Stephen A. Edson before the House Judiciary Committee, "in Bangladesh, for example, one agent is reported to have enrolled an entire phone book so that he could then either extort money from winning applicants who had never entered the program to begin with or sell their winning slots to others."

Impact

Economic

and others have credited the Diversity Visa program for providing economic benefits to the United States and enhancing the competitiveness of the U.S. labor force.
There is no support in the economics for the assertion that immigrants suppress wages and take jobs from Americans; to the contrary, research by Lewis and several other economists of migration shows that diverse and low-skilled immigrants lift the wages of native-born workers, as those immigrants are less substitutable to native-born workers. Charles Kenny, an economist at the Center for Global Development, noted that research by Harvard economist Alberto Alesina found that countries with a higher share of foreign-born populations tended to have more innovation and higher incomes.

Security

In 2004, the State Department's deputy inspector general warned that there were security risks to granting visas to winners from countries with ties to terrorism. A 2007 Government Accountability Office report however found no evidence that recipients of diversity visas posed a threat.
According to PolitiFact, "there is at least one documented example of an individual who migrated through the diversity visa system and was later arrested on terrorism-related charges. But it is unclear that the diversity lottery has historically been used as a strategic entry point for terrorists."
The uncle of Akayed Ullah, the man who set off a bomb on a New York City subway platform in 2017, won a diversity lottery, which enabled him to bring his nephew to the United States under the family reunification provisions of the Immigration and Nationality Act of 1965.
Experts on immigration note that the chances of winning the lottery are low and those who do win the lottery still have to undergo background checks and vetting, which makes the diversity lottery program a poor choice for immigrants considering launching terrorist attacks in the United States.
According to the Cato Institute, immigrants from the countries with the highest percentage of diversity visas have vastly lower incarceration rates than native-born Americans.