What Recruiters and HR Need to Know About Immigration Law in 2021

Welcome to the TotalPicture Podcast with Producer/Host Peter Clayton. Today, we’re going to focus on immigration – specifically The Diversity Immigrant Visa program, also known as the green card lottery. The Immigration Act of 1990 established the current and permanent Diversity Visa (DV) program. Joining me is Brian Fancher, the VP of I-9 Product Management and Chief Compliance Officer at Tracker, recently acquired by Mitratech.


  1. Brian, welcome to the TotalPicture Podcast. Tell us a little bit about your background.
  2. Is Tracker operating as a separate company, or are you integrated with Mitratech?
  3. Talk to us about I-9 Compliance. Specifically, what is I-9?
  4. Why did Mitratech acquire your company, Tracker – and what other products and services does Mitratech offer?
  5. What are some of the new reforms to the employment-based immigration system?
  6. As I mentioned in my open, the Diversity Immigrant Visa program was first enacted in 1990 give us some background regarding DIV.
  7. If your native country (say India), is not eligible under the DIV, are there other ways you can qualify for the Diversity Visa?
  8. What are the educational requirements?
  9. S. green cards might increase under the Diversity Visa Program from 55,000 to 80,000. How can HR departments work with their company legal teams to be prepared for this?
  10. What are some of the changes to the E-Verify employment verification system?  How does this affect HR departments?
  11. What are some other issues you see in 2021 regarding immigration compliance?
  12. Since the DIV is a lottery if you applied can you check your status?
  13. I’ve heard that if you’re selected in the green card lottery, it’s important to act fast, even though it could still be a year or more before you’re able to come to the US. Is that true?
  14. Is it true that there are many deceptive agencies that charge fees from applicants or falsely claim to increase the applicant’s winning chances?
  15. What haven’t I asked that’s important for our audience to know about the current immigration laws and procedures?


The lottery is administered by the Department of State and conducted under the Immigration and Nationality Act (INA). As of this year, It makes available 80,000 immigrant visas annually, (up from 55,000), and aims to diversify the immigrant population in the United States, by selecting applicants from countries with low numbers of immigrants in the previous five years. Around 12 million people applied for the lottery in 2019. The most recent entry period for the lottery was from October 7 to November 10, 2020.[1]

Many deceptive agencies charge fees from applicants or falsely claim to increase their winning chances, but in fact the only way to apply for the lottery is to complete the entry form on the Department of State website, free of charge.

The Immigration Act of 1990 was passed with bipartisan support and signed by President George H. W. Bush.[11] The legislation established the current and permanent Diversity Visa (DV) program, where immigrant visas are available in an annual lottery. Give us some background and history.

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