Are You Eligible ?

Alternate Chargeability

There are two exceptions to the Nativity Requirement.

1. You were born in an ineligible country and are married to a spouse born in a country that is eligible. In that case you are eligible to participate based on your spouse’s country of nativity. The same rule applies to the unmarried child/children under 21 years of age immigrating with you.
There are some extra rules that apply.

  • You must be married BEFORE each of you submits his/her Entry.
  • You are each considered a Principal Applicant in case one of you is selected. You must BOTH qualify regarding education or work experience, etc.
  • The first time you travel to the U.S. after the visas are issued you must enter the U.S. at the same time (together).

2. You were born in an ineligible country. However your father AND your mother were each born in a country that is eligible. And at the time of your birth your parent(s) did not officially reside in the ineligible country but lived there only temporarily or were visiting.
In that case you are eligible to participate based on the country of nativity of one of your parents.

If you use one of the exceptions your visa is ‘charged’ to the Visa Numbers available for your spouse’s country or for your parent’s country. This is called Alternate Chargeability.
If you want to claim Alternate Chargeability you must have indicated this on your Entrant Form.

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