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Immigration Act Section 203
Subparagraph (c) -- Diversity Immigrants
Subparagraph (C) was
stricken by Sec. 212(b) of the Immigration and Nationality Technical
Corrections Act of 1994 (Pub. L. 103-416, 108 Stat. 4314, Oct. 25, 1994)
(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.
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