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The Diversity Visa Program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year, 55,000 visas are allocated randomly through a computer-generated lottery to nationals from countries that have sent fewer than 50,000 immigrants to the United States in the previous five years. Of the 55,000, up to 5,000 are made available for use under the Nicaraguan Adjustment and Central American Relief Act program, created in 1997 to provide relief to certain asylum seekers who applied for asylum before a specific date. This results in a reduction of the actual annual diversity visa limit to 50,000. The program was originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants). Diversity visas are now distributed on a regional basis and benefit Africans and Eastern Europeans in particular.
To be eligible for a diversity visa, potential applicants from qualifying countries must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as derivatives.
Immigration bans implemented by the Trump administration effectively shut down the Diversity Visa Program in 2020 and left roughly 43,000 of that year’s lottery winners without their visas. Those 2020 lottery winners who did not receive visas by the end of the fiscal year lost their chance to immigrate to the United States, prompting some of them to file lawsuits against the federal government in an effort to obtain their visas. Although the Biden administration subsequently lifted the immigration bans, the Diversity Visa Program has resumed at a very slow pace. By the end of June 2021, the State Department had issued only 3,094 diversity visas for FY 2021. Some FY 2021 lottery winners have filed lawsuits demanding that the State Department issue their visas before the end of the fiscal year.