The U.S. Diversity Visa (DV) Program, established under the Immigration and Nationality Act, aims to promote diversity in the immigrant population by providing an annual allotment of immigrant visas to individuals from countries with historically low rates of immigration to the United States. Each fiscal year, Congress caps the number of diversity visas at 55,000.
How the Diversity Visa Program Works
The Diversity Visa Program is administered annually by the State Department. Before the start of each fiscal year, the Department conducts a lottery for applicants from qualifying countries . Millions of individuals apply, and the Department randomly selects a number of applicants to ensure the annual quota is met. Selectees become eligible to receive diversity visas for the fiscal year they are selected.
However, being selected in the lottery does not guarantee a visa. Selectees must submit a full, written application and appear for an interview with a consular officer. They must meet all admissibility requirements and complete the application process before the end of the fiscal year. If they complete the process and visas are still available within the annual cap, they may receive an immigrant visa and travel to the United States, where they must then be deemed admissible by an immigration officer.
As of a May 2024 Newsweek report, nationals from the following countries are eligible for the DV program:
Impact of COVID-19 on the Diversity Visa Program
The COVID-19 pandemic significantly disrupted the administration of the Diversity Visa Program. In April 2020, then-President Donald Trump issued Proclamation 10014, suspending the entry of certain aliens to protect U.S. labor markets affected by the pandemic. This proclamation was extended twice but was eventually revoked by President Joe Biden in February 2021. During the proclamation's ten-month duration, the State Department stopped issuing diversity visas, interpreting the proclamation as rendering affected aliens ineligible for visas.
Additionally, the State Department issued guidance suspending routine visa services, including processing diversity visa applications, while allowing mission-critical services to continue. This suspension and subsequent backlog placed diversity visas in the lowest-priority tier for processing.
Legal Challenges and Court Rulings
Selectees from FY 2020 and 2021 filed lawsuits, claiming that the State Department's policies unlawfully prevented them from receiving their visas. The district courts agreed and ordered the Department to prioritize and process diversity visas past the fiscal year deadlines. However, on June 25, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed these decisions, ruling that the courts had no authority to extend the processing of diversity visas beyond the statutory deadlines.
The recent court ruling means that the State Department will not process DV cases from FY 2020 and 2021. Impacted individuals may reapply during the registration period for the DV-2026 program year, opening in October 2024 and closing in early November 2024.
The Diversity Visa Program remains a critical avenue for promoting diversity in the U.S. immigrant population. Despite recent challenges, eligible individuals are encouraged to participate in future registration periods. As legal interpretations and policies evolve, staying informed through reliable sources is crucial for potential applicants who are still interested in this immigration avenue.
For further updates and details, applicants should monitor official State Department communications and legal announcements.