[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32029]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1657-94]
RIN 1115-AD69
Diversity Immigrant Limits for Fiscal Year 1995
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice describes the procedures used to set the annual
regional limits under the Diversity Immigrant Program. These procedures
carry out the statutory authority of the Attorney General to determine
the allocation to up to 55,000 diversity immigrant visas each fiscal
year beginning in fiscal year 1995. This notice also describes the
formula used to reach the allocation of diversity immigrant visas for
Fiscal Year 1995, under the administration of the Department of State.
EFFECTIVE DATE: December 29, 1994.
ADDRESSES: Please submit written comments, in triplicate, to the Policy
Directives and Instructions Branch, Immigration and Naturalization
Service, 425 I Street, NW., Room 5307, Washington, DC 20536, Attn:
Public Comment Clerk. To ensure proper handling please reference to INS
No. 1657-94 on your correspondence.
Comments are available for public inspection at this address by
calling (202) 514-3048 to arrange for an appointment.
FOR FURTHER INFORMATION CONTACT: Michael D. Hoefer, Chief, Demographic
Statistics Branch, Immigration and Naturalization Service, Washington,
DC 20536, ATTN: Tariff Building--Room 268, Telephone (202) 376-3066.
SUPPLEMENTARY INFORMATION:
Background
Section 203(c)(1) of the Immigration and Nationality Act (INA),
which was created by Sec. 131 of the Immigration Act of 1990 (IMMACT),
established the Diversity Immigrant Program beginning in fiscal year
1995. Up to 55,000 visas will be issued annually to natives of foreign
states from which immigration was lower than 5,000 over the preceding 5
years. The INA authorizes the Attorney General to allocate these visas
among six geographic regions, each with its own limit on visa issuance.
The formulas to calculate the limits are specified in Sec. 203(c)(1)
immigrant admissions during the most recent 5-year period, and (2)
world population estimates.
Immigrant Admission Data
Section 203(c)(1)(A) of the INA defines the immigrants admitted
during the most recent 5-year period that are used to determine the
regional limits. Included are immigrants admitted under family-
sponsored preferences, employment-based preferences, and as immediate
relatives of U.S. citizens.
Family-sponsored preference immigrants include (1) unmarried sons
and unmarried daughters of U.S. citizens (Sec. 203(c)(1) of the INA),
(2) spouses and unmarried sons and unmarried daughters of legal
permanent residents (Sec. 203(a)(2)); (3) married sons and married
daughters of U.S. citizens (Sec. 203(a)(3)); and (4) brothers and
sisters of U.S. citizens (Sec. 203(a)(4)).
Employment-based preference immigrants include (1) priority workers
(Sec. 203(b)(1) of the INA); (2) aliens who are members of the
professional holding advanced degrees or aliens of exceptional ability
(Sec. 203(b)(2)); (3) skilled workers, professionals, and other workers
(Sec. 203(b)(3)); (4) certain special immigrants (Sec. 203(b)(4)); and
(5) aliens allotted visas for employment creation (Sec. 203(b)(5)). For
immigrant admission data prior to fiscal year 1992, employment-based
preference immigrants include (1) members of the professions or of
exceptional ability (Sec. 203(a)(3) of the INA before revisions by
Secs. 111, 121(a), 131, & 162(a) of IMMACT), and (2) skilled and
unskilled immigrants (Sec. 203(a)(6) of the INA before revisions by
Secs. 111, 121(a), 131, & 162(a) of IMMACT).
Immediate relatives of U.S. citizens include (1) children, spouses,
and parents of U.S. citizens (including fiances and fiancees of U.S.
citizens and their children, and widows of U.S. citizens); (2) aliens
admitted under Sec. 211(a) of the INA on the basis of a prior issuance
of a visa to their accompanying parent who is such an immediate
relative; and (3) aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad. Section 201(b)(2)
of the INA.
The 1995 calculations are based on the most recent available
official records of immigration collected by the U.S. Immigration and
Naturalization Service for the period including fiscal years 1988-92.
Population Estimates
The allocation of the visas to the six geographic regions is based
on each region's population. The INS will obtain population estimates
from the Center for International Research, U.S. Bureau of the Census,
as reported in their International Data Base. The Center for
International Research is the only U.S. Government source of world
population estimates. Although the Center's population estimates are
compiled in mid-year, they represent the best available statistics. For
the fiscal year 1995 calculations, mid-year 1992 population estimates
were used.
Geographic Regions
The six geographic regions subject to limitation are defined in
Section 203(c)(1)(F) of the INA as: (1) Africa, (2) Asia, (3) Europe,
(4) North America (other than Mexico), (5) Oceania, and (6) South
America, Mexico, Central America, and the Caribbean. The countries will
be assigned to a region each year as determined by the Office of the
Geographer, U.S. Department of State. The Office of the Geographer has
assigned the countries in each of the six regions for 1995 as follows:
(1) AFRICA
Algeria
Angola
Benin
Botswana
Burkina
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Cote d'Ivoire (Ivory Coast)
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia, The
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zaire
Zambia
Zimbabwe
(2) ASIA
Afghanistan
Bahrain
Bangladesh
Bhutan
Brunei
Burma
Cambodia
China (mainland-born)
China (Taiwan-born) (a ``state'' within the meaning of the Act)
Hong Kong (a ``state'' within the meaning of the Act)
India
Indonesia
Iran
Iraq
Israel
Japan
Jordan
Korea, North
Korea, South
Kuwait
Laos
Lebanon
Malaysia
Maldives
Mongolia
Nepal
Oman
Pakistan
Philippines
Qatar
Saudi Arabia
Singapore
Sri Lanka
Syria
Thailand
United Arab Emirates
Vietnam
Yemen
EUROPE
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macadonia, The Former Yugoslav Republic of
Malta
Moldova
Monaco
Montenegro (a ``state'' for purposes of the Act)
Netherlands
Northern Ireland (a ``state'' within the meaning of the Act)
Norway
Poland
Portugal
Romania
Russia
San Marino
Serbia (a ``state'' for purposes of the Act)
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkmenistan
Turkey
Ukraine
United Kingdom
Uzbekistan
Vatican City (an independent city under the jurisdiction of the Holy
See)
(4) NORTH AMERICA (other than Mexico)
Bahamas, The
Canada
(5) OCEANIA
Australia
Fiji
Kiribati
Marshall Islands
Micronesia, Federated States of
Nauru
New Zealand
Palau
Papua New Guinea
Solomon Islands
Tonga
Tuvalu
Vanuatu
Western Samoa
(6) SOUTH AMERICA, MEXICO, CENTRAL AMERICA, AND THE CARIBBEAN
Antigua and Barbuda
Argentina
Barbados
Belize
Bolivia
Brazil
Chile
Colombia
Costa Rica
Cuba
Dominica
Dominican Republic
Ecuador
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Mexico
Nicaragua
Panama
Paraguay
Peru
St. Kitts and Nevis
St. Lucia
St. Vincent and the Grenadines
Suriname
Trinidad and Tobago
Uruguay
Venezuela
1995 Regional Limits
Natives of high-admission countries, for which immigration was
greater than 50,000 during the most recent five-fiscal-year period, are
not eligible to participate in the Diversity Immigrant program. Based
on immigrant admission data for fiscal years 1988-92, natives of the
following foreign states are high-admission states in fiscal year 1995:
Canada, China (mainland-born), China (Taiwan-born), the Dominican
Republic, El Salvador, India, Jamaica, Korea (South), Mexico, the
Philippines, the United Kingdom (excluding Northern Ireland), and
Vietnam. Natives in all other countries are from low-admission states
and are allowed to participate in the 1995 Diversity Immigrant Program.
The maximum number of visas issued to natives of a single independent
country shall not exceed 7 percent of the total of 55,000, or 3,850.
Section 203(c)(1)(E)(v) of the INA.
Diversity visa allocations are determined by using one of two
formulas, one to be used to calculate allocation for states located in
``high-admission'' regions, the other to be used to calculate
allocations for states located in ``low-admission'' regions. Regions
with more than \1/6\ of the total number of immigrants admitted during
the most recent five-fiscal-year period are defined as ``high-
admission'' regions. Section 203(c)(1)(B)(i)(I) of the INA. Regions
with \1/6\ or less of the total number are defined as ``low-admission''
regions. Section 203(c)(1)(B)(i)(II). High-admission regions for fiscal
year 1995 are Asia (Region 2), and South America, Mexico, Central
America, and the Caribbean (Region 6). Low-admission regions for fiscal
year 1995 are Africa (Region 1), Europe (Region 3), North America
(other than Mexico) (Region 4), and Oceania (Region 5.
Sections 203(c)(1) (C), (D) and (E) describe the formulas to be
used to distribute the 55,000 Diversity Immigrant visas. Both formulas
exclude the population totals from the high-admission states. The
formulas are as follows:
Low-Admission Regions
TN29DE94.006
High-Admission Regions
TN29DE94.007
Where:
LAi=Limit for Low-Admission Region i
HAi=Limit for High-Admission Region i
PLAi=Population for Low-Admission Region i
PHAi=Population for High-Admission Region i
IHA=Proportion of the preference immigrants that were charged to high-
Admission Regions (including immigrant admission totals from High-
admission states)=.829 in 1995
The limits on visa issuance by region for fiscal year 1995 using
the procedures described in this notice are as follows:
------------------------------------------------------------------------
Visa
Region limit
------------------------------------------------------------------------
Africa....................................................... 20,200
Asia......................................................... 6,837
Europe....................................................... 24,549
N. America (other than Mexico)............................... 8
Oceania...................................................... 817
South America, Mexico, Central America, and the Caribbean.... 2,589
Total.................................................... 55,000
------------------------------------------------------------------------
As specified earlier, high-admission countries are not allowed to
participate in 1995: Canada, China (mainland-born), China (Taiwan-
born), the Dominican Republic, El Salvador, India, Jamaica, Korea
(South), Mexico, the Philippines, the United Kingdom (excluding
Northern Ireland), and Vietnam.
The regional limits and countries whose citizens are excluded from
the Diversity Immigrant program will be calculated each year based on
new immigration records and population estimates.
Dated: December 22, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 94-32029 Filed 12-28-94; 8:45 am]
BILLING CODE 4410-10-M
