(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.