Diversity Green Card: Eligibility & How to Apply

Dear Sophie: Expanding a Tech Company to the U.S. and the Diversity Green Card

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration questions specifically related to the tech industry.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of these questions. She believes they are instrumental in disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, Sophie welcomes your inquiries for future columns.

Extra Crunch subscribers gain access to weekly “Dear Sophie” columns. A 50% discount is available on one- or two-year subscriptions using the promo code ALCORN.

Dear Sophie,

I launched a technology company approximately two years ago, and I’ve consistently envisioned expanding its operations within the United States.

Obtaining a green card is a significant goal for me. I was informed about the possibility of applying for a diversity-based green card. Could you please elaborate on this option and the application process?

— Technical in Tanzania

Dear Technical,

As the founder of a startup based in Tanzania, you have multiple avenues for immigration to the U.S., and the Diversity Immigrant Visa (green card) Program is one of them.

Recently, my legal partner, Anita Koumriqian, and I explored the Diversity Immigrant Visa Program (DV Program) in detail during a podcast discussion. Listening to that episode will provide valuable insights into the application process and helpful tips.

Understanding the Diversity Immigrant Visa Program

Each year, the U.S. Department of State, responsible for administering the DV Program, allocates 50,000 green cards to individuals originating from countries with historically low levels of immigration to the United States.

The State Department releases annual instructions outlining the program details. These instructions specifically identify the countries whose citizens are eligible to participate in the yearly diversity lottery.

Here is a link to the most recent version of the instructions.

The DV Program offers a pathway to U.S. residency based on national origin, rather than family sponsorship or employment.

Important Note: Eligibility requirements and the application process can change annually, so it’s crucial to consult the official State Department instructions for the most up-to-date information.

Understanding the Diversity Visa Lottery Process

Participation in the annual Diversity Visa Lottery requires online registration during a specific period, typically spanning from early October to early November. This is achieved by submitting the Electronic Diversity Visa Entry Form, designated as DS-5501.

It’s important to note that registration is entirely free of charge. However, submitting multiple entries will lead to automatic disqualification, and incomplete applications will not be considered.

Upon successful completion of the online form, a unique confirmation number will be generated. This number is crucial and must be carefully preserved, as it’s the sole means of accessing the online system to check your selection status and eligibility for a green card application.

In May of the following year, registered individuals can utilize their confirmation number to log into the online system and ascertain whether they have been selected. Selection notifications are exclusively delivered through this online portal; no email or postal mail notifications will be sent.

Should you be selected, you will receive a diversity visa number. This number is essential for determining the appropriate timeframe for filing your green card application.

Diversity Visa Lottery: Eligibility Criteria

Several conditions must be met to qualify for registration in the diversity lottery program. These requirements pertain to your country of birth and your educational or professional background.

Core Requirements

Applicants must fulfill two primary criteria. First, you must be a native of a country specified by the State Department as experiencing low rates of immigration to the United States. The current list is published annually with the program instructions.

Secondly, applicants need to demonstrate either completion of a high school education or possess at least two years of work experience gained within the last five years. This work experience must be in a field demanding a minimum of two years of training or practical experience.

For example, an individual born in Tanzania who satisfies either the educational or work experience standard would be considered eligible to apply.

Your spouse is also eligible to participate, provided they independently meet the necessary qualifications. Both you and your spouse can submit separate applications to maximize your collective chances of selection.

Dependent children, unmarried and under the age of 21, should be included on each application. However, citizenship is determined by place of birth; therefore, a Tanzanian citizen born in Nigeria would be ineligible, as Nigeria is not a qualifying country.

Parental Place of Birth

In certain cases, an applicant’s parental heritage can be considered. If neither parent was born in, nor legally resided in, the applicant’s country of birth, the applicant may claim the country of birth of a parent, provided that parent’s country is on the eligible list.

Age Considerations

While there is no specific minimum age to enter the DV Program, the educational and work experience prerequisites generally mean that most applicants are at least 18 years old.

What Steps to Take After Selection?

Upon notification of your selection, prompt payment of the nonrefundable diversity green card fee is strongly advised. Allow approximately two to three weeks for receipt of payment confirmation, as this receipt will be required when submitting your diversity green card application.

Engaging an experienced immigration attorney is also recommended to navigate the green card application process effectively, especially one known for securing timely approvals. Should your registration be chosen, you’ll have until September 30th – the close of the federal fiscal year – a period of less than five months, to obtain green card approval.

Careful monitoring of the monthly Visa Bulletin is essential. This bulletin indicates whether a green card number is currently available for applicants from your region, specifically Africa, enabling you to submit your application. A listed number signifies eligibility for those with that diversity visa number or lower.

It’s crucial to understand that selection in the diversity lottery does not guarantee green card issuance. Your application will undergo adjudication by a consular officer, mirroring the process for all other green card applications.

Once eligible, the application process unfolds at the U.S. embassy or consulate nearest you. This involves completing the Immigrant Visa Electronic Application (Form DS-260) and scheduling a green card interview. Currently, many embassies and consulates are experiencing delays in routine green card processing and interview scheduling due to the ongoing COVID-19 pandemic.

Individuals currently within the U.S. under a valid nonimmigrant status may pursue a green card via the adjustment of status application and interview at a local U.S. Citizenship and Immigration Services (USCIS) office. However, those holding or seeking student visas or work visas (excluding H-1B or dual intent visas) should exercise caution.

Maintaining nonimmigrant intent – demonstrating a plan to return to your home country – can be complex when registered for a diversity green card. Re-entry to the U.S., visa renewal, or seeking extensions requires careful consideration. Consultation with an immigration attorney is highly recommended. Applicants undergoing the USCIS interview process should bring their legal counsel with them.

Addressing Non-Selection in the Diversity Visa Lottery

Should your application not be chosen in the diversity lottery, re-entry is possible. Eligibility hinges on your country of birth remaining on the list of qualifying nations.

Furthermore, numerous alternative immigration pathways exist for founders originating from abroad. Consider reviewing my earlier article detailing various visa and green card possibilities for international startup founders.

It’s also worthwhile to determine if you meet the criteria for International Entrepreneur Parole, a topic I covered in a recent discussion.

Further Resources & Information

I extend my best wishes to you in your pursuit of immigration to the United States.

• Sophie

Do you have a question for Sophie? Submit it here. We maintain the right to edit submissions for conciseness and clarity.

Please note that the information presented in “Dear Sophie” is intended for general knowledge and should not be considered legal counsel. For a complete understanding of the limitations of “Dear Sophie,” please consult our comprehensive disclaimer.

Direct contact with Sophie is available through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, can be found on all popular podcasting platforms. Applications for guest appearances are currently being accepted!