Immigration Update

Current Developments in Immigration Law

Debra R. Shpigler Co., LPA

September, 1999

DIVERSITY LOTTERY RULES ANNOUNCED

Why is there a Diversity Lottery?

Who may participate in the lottery this year?

What do you mean by "nativity?"

What are the education or training requirements?

When must the entries be received?

What does the entry form look like?

Where do I mail the entry?

This Immigration Bulletin is not intended as a substitute for professional legal advice.

Why is there a Diversity Lottery?

The Diversity Lottery is intended to provide immigration opportunities to individuals from countries other than the main sources of immigration to the United States.

T Thus, only "natives" of countries that are not heavy users of the U.S. immigration system are eligible to participate.

Individuals working in "specialty" (that is, professional) occupations, as well as fashion models, are eligible for H-1B visas. Beneficiaries of H-1B visas are initially admitted to the U.S. for a maximum period of three years, with an extension of up to another three years possible.

Who may participate in the lottery this year?

This year, natives of all countries except the following are eligible to enter the lottery:

Canada, China (mainland and Taiwan, except Hong Kong), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories and Vietnam.

To enter the lottery, one must be able to claim nativity in an eligible country and must meet either the education or training requirements of the program.

What do you mean by "nativity?"

In most cases, nativity is determined by the applicant�s place of birth. However, in some cases, a person may use the nativity of his/her spouse or parents.

What are the education or training requirements?

An applicant must have either a high school education or its equivalent or two years of work experience within the past five years in an occupation that requires at least two years of training or experience.

When must the entries be received?

Entries for this year�s Diversity Lottery must be received between noon on October 4, 1999 and noon on November 3, 1999.

Entries received before or after these dates will be disqualified.

What does the entry form look like?

There is no set format for the entry form. On a plain piece of paper, an applicant must type or clearly print certain information, including:

(1) full name:
(2) date and place of birth:
(3) native country, if different from country of birth;
(4) name, date and place of birth of spouse and children;
(5) full mailing address;
(6) recent photograph (1.5 inches square); and
(7) signature.

Where do I mail the entry?

The entry (only one per person) must be submitted by regular or air mail to the address matching the region of the applicant�s country of nativity.

Please consult the State Department�s rules or talk to an immigration lawyer to determine the specific address for each particular region.

The envelope must be the right size and contain the appropriate information as well.

This Immigration Bulletin is not intended as a substitute for professional legal advice.

Debra R. Shpigler Co., LPA