Diversity Visa lottery winners from FY2022 filed a lawsuit claiming they have been denied interviews, which is the last step in their immigration process. The suit claims the State Department has refused to schedule interviews. The Department issued only slightly over 1,000 diversity visas from October 1, 2021, to January 31, 2022. At the current rate, just over 3,000 diversity visas will see completion this fiscal year.
The Diversity Visa allows for up to 55,000 immigrant visas per year. The visas are issued to individuals who are underrepresented in the U.S. immigration system, have a high school degree or equivalent, or qualifying work experience. Diversity visas are granted using a computer-based lottery system.
While COVID-19 limited visa issuance overall, diversity visas haven’t seen a similar recovery rate. The U.S. government fiscal year runs from September 1 to August 31 annually. In FY2020, much of which was under the highest level of limitation, the State Department issued 19,125 diversity visas. For FY2021, 17,843 diversity visas were issued. Without some change in resources, availability, or priority, it’s estimated only 3,000 of the 54,850 diversity visas granted in FY2022 will be processed before disappearing forever at the end of FY 2023.
The lawsuit claims the Department of State reflects a willful disregard for the very time-sensitive nature of diversity visas. The individuals filing the claim state all required filings and applications are complete. They only need to complete the half-hour interview before September 30, 2022. For diversity visa lottery winners, their option disappears if not completed by the following fiscal year. Approximately 78,000 eligible diversity visa lottery winners are awaiting interviews to be completed by September 30, 2022.
There are four specific requests from the diversity visa winners lawsuit, which include:
- The Biden administration publicly committing to issuing 90% of FY 2022 Diversity Visas.
- Without affecting other immigration visa categories, develop a consistent policy that all consulates would be held accountable to that specifies the process of interviewing, transferring, or reassigning eligible candidates.
- Treat Diversity Visas applicants with the same priority level as other categories.
- Limit discretion of interview scheduling while keeping the option to deny or approve Diversity Visa applicants.
ILBSG continues to monitor ongoing legal actions and policy updates. If you have questions about the diversity visa or any other immigration-related issue, contact us at ILBSG.