Criteriile de eligibilitate si procedurile de aplicare la Loteria Vizelor (varianta oficiala in limba engleza)
[CITE: 22CFR42.33] [Page 226-227]
TITLE 22–FOREIGN RELATIONS
CHAPTER I–DEPARTMENT OF STATE
PART 42–VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY
ACT, AS AMENDED–Table of Contents
Subpart D–Immigrants Subject to Numerical Limitations
Sec. 42.33 Diversity immigrants.
(a) General–(1) Eligibility to compete for consideration under
section 203(c). An alien shall be eligible to compete for consideration
for visa issuance under INA 203(c) during a fiscal year only if he or
she is a native of a low-admission foreign state, as determined by the
Attorney General pursuant to INA 203(c)(1)(E)(i), with respect to the
fiscal year in question; and if he or she has at least a high school
education or its equivalent or, within the five years preceding the date
of application for a visa, has two years of work experience in an
occupation requiring at least two years training or experience.
(2) Definition of high school education or its equivalent. For the
purposes of this section, the phrase high school education or its
equivalent shall mean successful completion of a twelve-year course of
elementary and secondary education in the United States or successful
completion in another country of a formal course of elementary and
secondary education comparable to completion of twelve years’ elementary
and secondary education in the United States.
(3) Determinations of work experience. The most recent edition of
the Dictionary of Occupational Titles published by the Employment and
Training Administration, United States Department of Labor, shall be
controlling in determining whether a particular occupation is one
“which requires at least 2 years of training or experience” as
provided in INA 203(c)(2).
(4) Limitation on number of petitions per year. No more than one
petition may be submitted by, or on behalf of, any alien for
consideration during any single fiscal year. If two or more petitions
for any single fiscal year are submitted by, or on behalf of, any alien,
all such petitions shall be void and the alien by or for whom submitted
shall not be eligible for consideration for visa issuance during the
fiscal year in question.
(5) Northern Ireland. For purposes of determining eligibility to
file a petition for consideration under INA 203(c) for a fiscal year,
the districts comprising that portion of the United Kingdom of Great
Britain and Northern Ireland, known as “Northern Ireland”, shall be
treated as a separate foreign state. The districts comprising “Northern
Ireland” are Antrim, Ards, Armagh, Ballymena, Ballymoney, Banbridge,
Belfast, Carrickfergus, Castlereagh, Coleraine, Cookstown, Craigavon,
Down, Dungannon, Fermanagh, Larne, Limavady, Lisburn, Londonderry,
Magherafelt, Moyle, Newry and Mourne, Newtownabbey, North Down, Omagh,
and Strabane.
(b) Petition for consideration–(1) Form of petition. An alien
claiming to be entitled to compete for consideration under INA 203(c)
shall file a petition for such consideration. The petition shall consist
of a sheet of paper on which shall be typed or legibly printed in the
Roman alphabet the petitioner’s name; date and place of birth (including
city and country, province or other political subdivision of the
country); the country of which the alien claims to be a native, if other
than the country of birth; name[s] and date[s] and place[s] of birth of
spouse and child[ren], if any; a current mailing address; and location
of consular office nearest to current residence or, if in the United
States, nearest to last foreign residence prior to entry into the United
States. The alien shall sign his or her signature on the sheet of paper,
using his or her usual signature. The alien shall also affix to the
sheet of paper a recent photograph of himself or herself. The photograph
shall be 1\1/2\ inches square (37mm x 37mm) and the alien shall
clearly print his or her name in the Roman alphabet on the reverse of
the photograph before affixing the photograph to the sheet of paper.
(2) Submission of petition–(i) General. A petition for
consideration for visa issuance under INA 203(c) shall be submitted by
mail to the address designated by the Department for that purpose. The
Department shall establish a period of not less than thirty days during
each fiscal year during which petitions for consideration during the
next following fiscal year may be submitted. Each fiscal year, the
Department shall give timely notice of both the mailing address and the
exact
dates of the application period, through publication in the Federal
Register and such other methods as will ensure the widest possible
dissemination of the information, both abroad and within the United
States.
(ii) Form of mailing. Petitions for consideration under this section
shall be submitted by normal surface or air mail only. Petitions
submitted by hand, telegram, FAX, or by any means requiring any form of
special handling or acknowledgement of receipt will not be given
consideration. The petitioner shall type or print legibly, using the
Roman alphabet, on the upper left-hand corner of the envelope in which
the petition is mailed his or her full name and mailing address, and the
name of the country of which the petitioner is a native, as shown on the
petition itself. Envelopes shall be between 6 and 10 inches (15 cm to 25
cm) in length and between 3 and one-half and 4 and one-half inches (9 cm
to 11 cm) in width. Envelopes not bearing this information and/or not
conforming to the restrictions as to size shall not be processed for
consideration.
(c) Processing of petitions. Envelopes received at the mailing
address during the application period established for the fiscal year in
question and meeting the requirements of subsection (b) shall be
assigned a number in a separate numerical sequence established for each
regional area specified in INA 203(c)(1)(F). Upon completion of the
numbering of all envelopes, all numbers assigned for each region shall
be separately rank-ordered at random by a computer using standard
computer software for this purpose. The Department shall then select in
the rank orders determined by the computer program a quantity of
envelopes for each region estimated to be sufficient to ensure, to the
extent possible, usage of all immigrant visas authorized under INA
203(c) for the fiscal year in question.
(d) Approval of petitions. Envelopes selected pursuant to paragraph
(c) of this section shall be opened and reviewed. Petitions which are
legible and contain the information specified in paragraph (b) of this
section shall be approved for further consideration.
(e) Validity of approved petitions. A petition approved pursuant to
paragraph (d) of this section shall be valid for a period not to exceed
Midnight of the last day of the fiscal year for which the petition was
submitted.
(f) Order of consideration. Further consideration for visa issuance
of aliens whose petitions have been approved pursuant to paragraph (d)
of this section shall be in the regional rank orders established
pursuant to paragraph (c) of this section.
(g) Further processing. The Department shall inform applicants whose
petitions have been approved pursuant to paragraph (d) of this section
of the steps necessary to meet the requirements of INA 222(b) in order
to apply formally for an immigrant visa.
(h) Maintenance of information concerning petitioners who are visa
recipients. (1) The Department shall compile and maintain the following
information concerning petitioners to whom immigrant visas are issued
under INA 203(c):
(i) age;
(ii) country of birth;
(iii) marital status;
(iv) sex;
(v) level of education; and
(vi) occupation and level of occupational qualification.
(2) Names of visa recipients shall not be maintained in connection
with this information and the information shall be compiled and
maintained in such form that the identity of visa recipients cannot be
determined therefrom.
(i) Processing fee. In addition to collecting the immigrant visa
application and, if applicable, issuance fees, as provided in
Sec. 42.71(b) of this part, the consular officer shall also collect from
each applicant for a visa under the Diversity Immigrant Visa Program
such processing fee as the Secretary of State shall prescribe.