Overview: The Diversity VisaAn annual program under INA 203(c) that makes up to 55,000 immigrant visas available through a random drawing run by the Department of State, for people from countries with historically low rates of immigration to the United States. Entrants generally need at least a high school education or equivalent, or two years of qualifying work experience. Being selected does not guarantee a visa.See it in the glossary requires either a high school education or its equivalent, or two years of qualifying work experience within the past five years in an occupation requiring at least two years of training, and needs no employer or sponsor at all. Employment-based categories generally require an underlying job offer and, for EB-2 and EB-3, Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary labor certification testing the U.S. labor market. The two run on entirely different logic even when the same person happens to qualify for both.
The DV education and work experience requirement
A DV entrant must show either the equivalent of a completed U.S. high school education, or two years of work experience within the past five years in an occupation requiring at least two years of training, evaluated against the Department of Labor's O*NET occupational classification system.
Why DV needs no employer or sponsor
Unlike every employment-based category, DV selection and visa issuance do not depend on any job offer, employer petition, or ongoing employment relationship; a DV immigrant can be selected and issued a visa without ever having a specific U.S. job lined up.
The employment-based categories' job offer and PERM requirements
EB-2 and EB-3 generally require a specific U.S. employer's job offer and, in most cases, PERM labor certification confirming no qualified U.S. worker is available for the position at the offered wage. EB-1 categories vary, some, like Extraordinary ability (EB-1A)The EB-1 category for people who can show sustained national or international acclaim, with achievements recognized in their field. The petition must include either a one-time major internationally recognized award or evidence meeting at least three of the criteria listed in 8 CFR 204.5(h)(3). No job offer or labor certification is required, and the person can file the Form I-140 on their own.See it in the glossary, allow self-petitioning, while others still require an employer relationship.
Timeline differences: DV's single year vs employment-based backlogs
DV operates on a strict single fiscal year timeline with no comparable backlog by design. Employment-based categories, particularly EB-2 and EB-3 for applicants from countries with high demand, can involve backlogs measured in years, on top of the PERM and I-140Immigrant Petition for Alien Worker, filed by an employer (or in some categories the worker) to classify a person under an employment-based category.See it in the glossary processing time that comes before a Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary even begins accruing wait time.
Can qualifying for one help someone pursue the other
The two are entirely independent; qualifying for DV based on work experience does not affect employment-based eligibility, and pursuing an employment-based petition does not affect DV eligibility. Someone can pursue both in parallel with no conflict between them.
Confirming current DV eligibility criteria
Both the qualifying country list and the specific occupational classifications used to evaluate work experience are set by the State Department and Department of Labor respectively for each program year, and should be confirmed against current guidance rather than a prior year's rules.
Official sources
- U.S. Department of State: Diversity Visa Program
- USCIS: employment-based immigration
- U.S. Department of Labor: O*NET occupational classification
Related reading
- The Diversity Visa Lottery
- EB-2 and the National Interest Waiver
- EB-3 Skilled Workers and Professionals
- Diversity Visa Lottery vs. Family-Based Immigration
TR Immigration is an independent immigration information platform. It is not a law firm. Nothing here is legal advice, an eligibility determination, or a prediction about your case. Rules and fees change often, so confirm anything you rely on against the official page it links to.