Who is eligible for the Diversity Visa Lottery Program?
View(s):The U.S. Embassy in Sri Lanka is proud to partner with the Sunday Times, in this bi-weekly “Ask the Consul” column to answer common questions about visas to the United States. In particular, starting next month in October, the 2016 cycle for the popular Diversity Visa Lottery Program (https://www.dvlottery.state.gov/) will open for registration.
1. Do I qualify for the Diversity Visa? I have completed two subjects in my GCE – AL and a two-year Higher Diploma Course in English Language at the University of Colombo. I have been in the banking industry for 32 years and now I am retired.
That is a great question. You are correct. Qualifying for the Diversity Visa includes both academic credentials and work experience. Based upon your academic records, passing two GCE A-level subjects with an additional Higher Diploma course are by themselves insufficient qualifications. The minimum educational requirement is the successful completion of three GCE A-level subjects (not including General English) or a Bachelor’s Degree.
If you are qualifying for the Diversity through work experience, you must have two years of experience in the last five years, in an occupation requiring at least two years of training or experience that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) rating of 7.0 or higher from the U.S. Department of Labor.Thus, in your case it would depend on the specific job performed and how long ago you retired.
For more detailed information about your employment, please use the O*Net Online occupational network database (http://online.onetcenter.org/) to determine qualifying work experience.
2. Which family members may I include on my application? For example, may I include my daughter who is currently studying at university in the UK?
Yes. If any of your children are unmarried and under 21, you must include them on your application even though they are not residing in Sri Lanka at this time. Similarly, you must list your spouse if you are currently married. This is important: Your application will be disqualified if you do not include your spouse or unmarried children under 21 (even if they do not plan to immigrate). Unfortunately, no other relatives may be listed on your application.
3. Am I eligible to apply for the Diversity Visa? I was born in Canada and am a Canadian citizen. My wife and I have been living in Sri Lanka for the past 10 years and have three children, all born in Sri Lanka. My wife was born in Sri Lanka.
The Diversity Visa Program is intended to provide an immigration opportunity for persons who are not from “high admission” countries. U.S. law defines “high admission countries” as those from which more than 50,000 persons in all other visa categories immigrated to the United States during the previous five years. While Sri Lanka is an eligible country, Canada is not an eligible country for the diversity visa program.
However, there is some good news. There are two circumstances in which you still might be eligible to apply, assuming that you meet either the education and/or employment eligibility requirements for the Diversity Visa program.
First, since your spouse was born in an eligible country (Sri Lanka), she is eligible to apply as the primary applicant and can list you as an accompanying spouse. Thus, you will only be issued an immigrant visa if your spouse is also eligible and is issued a Diversity Visa. Both of you must enter the United States together using these visas.
Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth. For example, people who were only visiting, studying temporarily, or stationed temporarily for business are not generally considered residents of a country in which they were not born or legally naturalized. For example, if you acquired your Canadian citizenship because your Sri Lankan-born parents were studying in Canada at the time of your birth, you are eligible to apply for the program.
If you claim eligibility through either of the above, you must provide an explanation on the E-DV Entry Form. Listing an incorrect country of eligibility (i.e., one to which you cannot establish a valid claim) may disqualify your application.
Please send queries to AskTheConsulSL@state.gov