
Subparagraph (C)
was stricken by Sec. 212(b) of the Immigrationand 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, education level, and other relevant characteristics
of immigrants issued visas under this subsection.