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.