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In the coming weeks, we expect the U.S. Department of State to
release registration instructions for the 2014 Diversity Immigrant
Visa Program (DV-2014), also known as the Green Card Lottery. The
Diversity Lottery Program provides a path for foreign nationals to
become permanent residents of the United States regardless of
whether they have a family member or an employer willing to sponsor
them. This program is a success, facilitating the immigration of
people from across the globe.
The State Department will open online registration on Tuesday,
October 2, 2012 at 12:00 noon EST. Individuals who meet the
eligibility requirements and submit an application during the
appointed time will be entered into a lottery from which 55,000
green card entries will be selected. Applications must be
submitted electronically by 12:00 noon EST on Saturday, November 3,
2012. The electronic form should soon be available on the State
Department's website athttp://travel.state.gov/. There is no
fee. Entries may not be submitted through the U.S. Postal Service.
Selection in the lottery does not guarantee the applicant a
green card; applicants must still meet all standards for
admissibility and be able to process their green cards within the
allotted time. Immediate family members of successful lottery
applicants are eligible for green cards as well, provided they meet
the same admissibility standards. Individuals who are selected and
eligible for one of the 55,000 visa numbers may either secure an
immigrant visa at a U.S. Embassy or Consulate or, if they are in
the United States and qualified to do so, adjust status by filing
an application and supporting documentation with United States
Citizenship and Immigration Services (USCIS).
Lottery visas are apportioned to foreign nationals hailing from
the following six geographic regions: Africa; Asia; Europe; North
America; Oceania; and South America, Central America, and the
Caribbean. To qualify, a foreign national must claim nativity or
country of birth in an eligible country and meet certain education
or work experience requirements. The purpose of the program is to
diversify and encourage immigration from countries that send lower
numbers of immigrants to the United States.
Not all countries in the six eligible regions fall within the
Green Card Lottery program. Because each of the following countries
has sent more than 50,000 immigrants to the United States in the
past five years, natives of these countries were NOT
eligible for the lottery this past year: Bangladesh, Brazil,
Canada, China (Mainland born), Colombia, Dominican Republic,
Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan,
Peru, Philippines, South Korea, United Kingdom (except Northern
Ireland) and its dependent territories, and Vietnam. Mintz
Levin will monitor developments to inform you about the countries
excluded from the Green Card Lottery for DV-2014. We expect this
information to become available shortly. Based on our latest
information, persons born in Hong Kong SAR, Macau SAR, and Taiwan
will very likely be eligible for DV-2014.
To fulfill the education/work experience provisions, an
applicant must have either a high school education or its
equivalent, or two years of work experience in the last five years
in a job that requires at least two years of training or
experience.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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