GNH, I think I have found the relevant law:
"c) Processing of petitions. Entries received during the petition submission period established for the fiscal year in question and meeting all of the requirements of paragraph (b) of this section will be assigned a number in a separate numerical sequence established for each regional area specified in INA 203(c)(1)(F). Upon completion of the numbering of all petitions, all numbers assigned for each region will be separately rank-ordered at random by a computer using standard computer software for that purpose. The Department will then select in the rank orders determined by the computer program a quantity of petitions for each region estimated to be sufficient to ensure, to the extent possible, usage of all immigrant visas authorized under INA 203(c) for the fiscal year in question. The Department will consider petitions selected in this manner to have been approved for the purposes of this section."
It looks like all depends on a "rank ordering at random"
So what does Random exactly mean?
Random: "chosen without regard to any characteristics of the individual members of the population so that each has an equal chance of being selected "
Because nobody knew of this "glitch", nobody could do any action for getting chosen so every applicant had "an equal chance of being selected "
I can hear you saying, but not all numbers were ranked.
Actually, I think they were. The only point is that the numbers of 2 application dates were ranked first. Otherwise, why would only 90% be chosen from these 2 days and not 100%.
The definition of Random does not imply that an equal number of applicants have to be chosen from each day.
Also, as each applicaiton is given a certain number and then those number are ranked (as described in the law above) the appication date and time seem actually important in determining the results.
For example, if you want to be even more sophisticated, you could want the system to first assign a "random" number to each application and then have second random number generator rank these randomly.
I personally do believe it is a good think to make one more drawing on the 15th of July.
But I also believe that the current "winners" should be given a right to be processed.
A number of 22,000 is mentioned. I am not sure what this exactly is. I am also one of these 22,000.
Many of us would probably be eliminated for some reason or other.
I am not saying this is a right we gained.
Only a lottery was drawn, we did not do anything valuable do obtain this right.
I am also not whining about this situation. Such things happen about even more serious things in life, unfortunately..
What I am saying is that the "winners" did everything right and were actually selected randomly because noone had any prior knowledge of this glitch.
Consequently, they should be allowed to pursue their process.
Good luck to all "winners" and "loosers".