Instructions from DOS re DV-2010 Program

Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56879-56887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se08-109]

---------------------------------------

DEPARTMENT OF STATE

[Public Notice 6379]

Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2010) Visa Program

AGENCY: Department of State.

ACTION: Notice.

---------------------------------------

SUMMARY: This public notice provides information on how to apply for the DV-2010 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(I) of the Immigration and Nationality Act, as amended (8 U.S.C. 1151, 1153, and 1154(a)(1)(I)).

Instructions for the 2010 Diversity Immigrant Visa Program (DV-2010)

The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) that amended INA 203 provides for a class of immigrants known as ``diversity immigrants.'' Section 203(c) of the INA provides a maximum of 55,000 Diversity Visas (DV) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.

The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated random lottery drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over the period of the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2010, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

For DV-2010, Russia has returned to the list of eligible countries. Kosovo has also been added to the list of eligible countries. No countries have been removed from the list of eligible countries for DV- 2010.

The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify those who commit

[[Page 56880]]

fraud for the purposes of illegal immigration or who submit multiple entries. For DV-2010, for the first time, those who submit entries may check the status of entries online and determine whether their entries are selected or not selected. Successful entrants will continue to receive notification letters by mail.

Diversity Visa Registration Period

Entries for the DV-2010 Diversity Visa Lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Thursday, October 2, 2008 and noon, Eastern Standard Time (EST) (GMT-5) Monday, December 1, 2008. Applicants may access the Electronic Diversity Visa Entry Form (E-DV) at http://www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in Web site delays. No entries will be accepted after noon, EST, on December 1, 2008.

Requirements for Entry

To enter the DV lottery, you must be a native of one of the listed countries. See ``List of Countries by Region Whose Natives Qualify.'' In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2010 program.

To enter the lottery, you must meet either the education or work experience requirement of the DV program. You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR, two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience. For more information about qualifying work experience, see Frequently Asked Question 13.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

Procedures for Submitting an Entry to DV-2010

The Department of State will only accept completed Electronic Diversity Visa Entry Forms submitted electronically at http:// www.dvlottery.state.gov during the registration period between noon, Eastern Daylight Time (EDT) (GMT-4), Thursday, October 2, 2008 and noon, Eastern Standard Time (EST) (GMT-5) Monday, December 1, 2008.

All entries by an individual will be disqualified if more than ONE entry for that individual is received, regardless of who submitted the entry. You may prepare and submit your own entry, or have someone submit the entry for you.

A successfully registered entry will result in the display of a confirmation screen containing your name and a unique confirmation number. You may print this confirmation screen for your records using the print function of your web browser. Starting July 1, 2009, you will be able to check the status of your entry by returning to the Web site and entering your unique confirmation number and personal information.

Paper entries will not be accepted.

It is very important that all required photographs be submitted. Your entry will be disqualified if all required photographs are not submitted. Recent photographs of the following people must be submitted electronically with the Electronic Diversity Visa Entry Form: You; your spouse; each unmarried child under 21 years of age at the time of your electronic entry, including all natural children as well as all legally adopted children and stepchildren, even if a child no longer resides with you or you do not intend for a child to immigrate under the DV program. You do not need to submit a photo for a child who is already a U.S. citizen or a Legal Permanent Resident.

Group or family photographs will not be accepted; there must be a separate photograph for each family member. Failure to submit the required photographs for your spouse and each child listed will result in an incomplete entry to the E-DV system. The entry will not be accepted and must be resubmitted. Failure to enter the correct photograph of each individual in the case into the E-DV system will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.

A digital photograph (image) of you, your spouse, and each child must be submitted on-line with the E-DV Entry Form. The image file can be produced either by taking a new digital photograph or by scanning a photographic print with a digital scanner.

Entries are subject to disqualification and visa refusal for cases in which the photographs are not recent or have been manipulated or fail to meet the specifications explained below.

Instructions for Submitting a Digital Photograph (Image)

The image file must adhere to the following compositional specifications and technical specifications and can be produced in one of the following ways: Taking a new digital image or using a digital scanner to scan a submitted photograph. Entrants may test their photos for suitability through the photo validator link on the e-DV Web site before submitting their entries. The photo validator provides additional technical advice on photo composition along with examples of acceptable and unacceptable photos.

Compositional Specifications

The submitted digital image must conform to the following compositional specifications or the entry will be disqualified: The person being photographed must directly face the camera; the head of the person should not be tilted up, down, or to the side; the head of the person should cover about 50% of the area of the photo; the photograph should be taken with the person in front of a neutral, light-colored background; dark or patterned backgrounds are not acceptable; the photo must be in focus; photos in which the person being photographed is wearing sunglasses or other items that detract from the face will not be accepted; photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; photographs of applicants with tribal or other headgear not specifically religious in nature will not be accepted; photographs of military, airline, or other personnel wearing hats will not be accepted.

Color photographs in 24-bit color depth are required. Photographs may be downloaded from a camera into a file in the computer or they may be scanned into a file in the computer. If you are using a scanner, the settings must be for True Color or 24-bit color mode. Color photographs must be scanned at this setting for the requirements of the DV program. See the additional scanning requirements below.

[[Page 56881]]

Technical Specifications

The submitted digital photograph must conform to the following specifications or the system will automatically reject the E-DV Entry Form and notify the sender.

When taking a new digital image: the image file format must be in the Joint Photographic Experts Group (JPEG) format; it must have a maximum image file size of two hundred forty kilobytes (240 KB); the image resolution must be 600 pixels high by 600 pixels wide; the image color depth must be 24-bit color [Note: Color photographs are required. Black and white, monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted.]

Before a photographic print is scanned it must meet the following specifications: A color image is required. The photographic print must also meet the compositional specifications. If the photographic print meets the print color and compositional specifications, scan the print using the following scanner specifications: Scanner resolution must be at least 150 dots per inch (dpi); the image file format in Joint Photographic Experts Group (JPEG) format; the maximum image file size must be two hundred forty kilobytes (240 KB); the image resolution at 600 by 600 pixels; the image color depth 24-bit color. [Note that black and white or grayscale images with 24-bit color depth and monochrome images (2-bit color depth), 8-bit color or 8-bit grayscale will not be accepted.]

Information Required for the Electronic Entry

There is only one way to enter the DV-2010 lottery. You must submit the DS 5501, the Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at http://www.dvlottery.state.gov. Failure to complete the form in its entirety will disqualify the entry. Those who submit the E-DV entry will be asked to include the following information on the E-DV Entry Form.

1. FULL NAME--Last/Family Name, First Name, Middle Name.

2. DATE OF BIRTH--Day, Month, Year.

3. GENDER--Male or Female.

4. CITY WHERE YOU WERE BORN.

5. COUNTRY WHERE YOU WERE BORN--The name of the country should be that which is currently in use for the place where you were born.

6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM--Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country of chargeability available for you. For additional information on chargeability, please review ``Frequently Asked Question 1'' of these instructions.

7. ENTRY PHOTOGRAPH(S)--See the technical information on photograph specifications. Make sure you include photographs of your spouse and all your children, if applicable. See: Frequently Asked Question 3.

8. MAILING ADDRESS--In Care of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country.

9. COUNTRY WHERE YOU LIVE TODAY.

10. PHONE NUMBER (optional).

11. E-MAIL ADDRESS (optional).

12. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree.

13. MARITAL STATUS--Unmarried, Married, Divorced, Widowed, Legally Separated.

14. NUMBER OF CHILDREN: Entries must include the name, date and place of birth of your spouse and all natural children, as well as all legally-adopted children and stepchildren, who are unmarried and under the age of 21 on the date of your entry (do not include children who are already U.S. citizens or Legal Permanent Residents), even if you are no longer legally married to the child's parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the diversity visa, however, U.S. law protects children from ``aging out'' in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, even if they turn 21 before visa issuance, they will be treated as though they are under 21 for visa processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See: Frequently Asked Question 11.

15. SPOUSE INFORMATION--Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph. Failure to list your spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.

16. CHILDREN INFORMATION--Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question 14 above.

Selection of Applicants

The computer will select at random individuals from among all qualified entries. They will be notified by mail between May and July 2009 and will be provided further instructions, including information on fees connected with immigration to the U.S. Those selected in the random drawing are not notified by e-mail. Those individuals not selected will not receive any notification. U.S. embassies and consulates will not be able to provide a list of successful entrants. Spouses and unmarried children under age 21 of successful entrants may also apply for visas to accompany or follow to join the principal applicant. DV-2010 visas will be issued between October 1, 2009 and September 30, 2010.

Processing of entries and issuance of diversity visas to successful individuals and their eligible family members must occur by midnight on September 30, 2010. Under no circumstances can diversity visas be issued or adjustments approved after this date, nor can family members obtain diversity visas to follow to join the principal applicant in their case in the U.S. after this date.

In order to receive a Diversity Visa to immigrate to the United States, those chosen in the random drawing must meet all eligibility requirements under U.S. law. These requirements may significantly increase the level of scrutiny required and time necessary for processing of applicants for natives of some countries listed in this notice, including, but not limited to, countries identified as state sponsors of terrorism.

Important Notice

No fee is charged for the electronic lottery entry in the annual DV program. The U.S. Government employs no outside consultants or private services to operate the DV program. Any intermediaries or others who offer assistance to prepare DV entries do so without the authority or consent of the U.S. Government. Use of any outside intermediary or assistance to prepare a DV entry is entirely at the entrant's discretion.

A qualified entry submitted electronically directly by an applicant has an equal chance of being selected by

[[Page 56882]]

the computer at the Kentucky Consular Center, as does an entry submitted electronically through a paid intermediary who completes the entry for the applicant. Every entry received during the lottery registration period will have an equal random chance of being selected within its region. However, receipt of more than one entry per person will disqualify the person from registration, regardless of the source of the entry.

Frequently Asked Questions About E-DV Registration

1. What Do the Terms ``Eligibility'', ``Native'' and ``Chargeability'' Mean? Are There Any Situations in Which Persons Who Were Not Born in a Qualifying Country May Apply?

Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. ``Native'' ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes ``native'' can also mean someone who is entitled to be ``charged'' to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act. For example, if you were born in a country that is not eligible for this year's DV program, you may claim chargeability to the country where your derivative spouse was born, but you will not be issued a DV-1 unless your spouse is also eligible for and issued a DV-2, and both of you must enter the United States together with the diversity visas. In a similar manner, a minor dependent child can be ``charged'' to a parent's country of birth.

Finally, if you were born in a country not eligible to participate in this year's DV program, you can be ``charged'' to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed temporarily in the country for business or professional reasons on behalf of a company or government from a country other than the country in which the applicant was born. If you claim alternate chargeability, you must indicate such information on the E-DV electronic online entry form, question 6. Please be aware that listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim) may disqualify your entry.

2. Are There Any Changes in New Requirements in the Application Procedures for This Diversity Visa Registration?

No paper entries will be accepted. For DV-2010, you may check the status of your entry using your confirmation page information. Because this confirmation information will be provided only once, at the time of your entry, it is extremely important that you print or write down your confirmation information for later use. If you lose this information, you will still receive a letter from the Kentucky Consular Center by mail notifying you of your selection, if you are successful. You will receive no additional notification if your entry is unsuccessful, but may check this through the Internet using your confirmation information.

Photo size requirements have increased for DV-2010 to 600 by 600 pixels. Old photos used in previous years should not be reused for DV- 2010. Only color photos may be submitted for DV-2010. Black and white photos are not acceptable.

3. Are Signatures and Photographs Required for Each Family Member, or Only for the Principal Entrant?

Signatures are not required on the Electronic Diversity Visa Entry Form. Recent and individual photographs of you, your spouse and all children under 21 years of age are required. Family or group photographs are not accepted. Refer to information on the photograph requirements located in this notice.

4. Why Do Natives of Certain Countries Not Qualify for the Diversity Program?

Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of ``high admission'' countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery. Because there is a separate determination made before each annual E-DV entry period, the list of countries whose natives are not eligible may change from one year to the next.

5. What is the Numerical Limit for DV-2010?

By law, the U.S. diversity immigration program makes available a maximum of 55,000 permanent residence visas each year to eligible persons. However, the Nicaraguan Adjustment and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning as early as DV-1999, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. The actual reduction of the limit by up to 5,000 diversity visas began with DV-2000 and is likely to remain in effect through the DV-2010 program.

6. What Are the Regional Diversity Visa (DV) Limits for DV-2010?

The U.S. Citizenship and Immigration Services (USCIS) determines the DV regional limits for each year according to a formula specified in Section 203(c) of the Immigration and Nationality Act (INA). Once the USCIS has completed the calculations, the regional visa limits will be announced.

7. When Will Entries for the DV-2010 Program Be Accepted?

The DV-2010 entry period will run through the registration period. Each year millions of people apply for the program during the registration period. The massive volume of entries creates an enormous amount of work in selecting and processing successful individuals. Holding the entry period during October, November, and December will ensure that selectees are notified in a timely manner, and gives both the visa applicants and our embassies and consulates time to prepare and complete cases for visa issuance. You are strongly encouraged to enter early in the registration period. Excessive demand at end of the registration period may slow the system down. No entries whatsoever will be accepted after noon EST Monday, December 1, 2008.

8. May Persons Who Are in the U.S. Apply for the Program?

Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the United States or from abroad.

[[Page 56883]]

9. Is Each Applicant Limited to Only One Entry During the Annual E-DV Registration Period?

Yes, the law allows only one entry by or for each person during each registration period. Individuals for whom more than one entry is submitted will be disqualified. The Department of State will employ sophisticated technology and other means to identify individuals who submit multiple entries during the registration period. People submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the Department of State. Individuals may apply for the program each year during the regular registration period.

10. May a Husband and a Wife Each Submit a Separate Entry?

Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements. If either were selected, the other would be entitled to derivative status.

11. What Family Members Must I Include on My E-DV Entry?

On your entry you must list your spouse (husband or wife), and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Legal Permanent Residents. You must list your spouse even if you are currently separated from him/ her, unless you are legally separated (i.e., there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list all your children who are unmarried and under 21 years of age at the time of your initial electronic DV entry, whether they are your natural children, your spouse's children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age at the time of your electronic entry even if they no longer reside with you or you do not intend for them to immigrate under the DV program.

The fact that you have listed family members on your entry does not mean that they later must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. This only applies to those who were family members at the time the original application was submitted, not those acquired at a later date. Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family. See question 10 above.

12. Must I Submit My Own Entry, or May Someone Act on My Behalf?

You may prepare and submit your own entry, or have someone submit the entry for you. Regardless of whether an entry is submitted by the individual directly, or assistance is provided by an attorney, friend, relative, etc., only one entry may be submitted in the name of each person and the entrant remains responsible for insuring that information in the entry is correct and complete. If the entry is selected, the notification letter will be sent only to the mailing address provided on the entry. All entrants, including those not selected, will be able to check the status of their entry through the official DV Web site. Entrants should keep their own confirmation page information so they may independently check the status of their entry.

13. What Are the Requirements for Education or Work Experience?

The law and regulations require that every entrant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A ``high school education or equivalent'' is defined as successful completion of a twelve-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Only formal courses of study meet this requirement, correspondence programs or equivalency certificates (such as the G.E.D.) are not acceptable. Documentary proof of education or work experience must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience, definitions from the Department of Labor's O*Net OnLine database will be used.

What Occupations Qualify for the Diversity Visa Program? The Department of Labor (DOL) O*Net Online Database groups job experience into five ``job zones.'' While many occupations are listed on the DOL Web site, only certain specified occupations qualify for the Diversity Visa Program. To qualify for a Diversity Visa on the basis of your work experience, you must, within the past five years, have two years of experience in an occupation that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.

How Do I Find the Qualifying Occupations on the Department of Labor Web Site? Qualifying DV Occupations are shown on the Department of Labor O*Net Online Database. Follow these steps to find out if your occupation qualifies: Select ``Find Occupations'' and then select a specific ``Job Family.'' For example, select Architecture and Engineering and click ``GO.'' Then click on the link for the specific Occupation. Following the same example, click Aerospace Engineers. After selecting a specific Occupation link, select the tab ``Job Zone'' to find out the designated Job Zone number and Specific Vocational Preparation (SVP) rating range.

14. How Will Successful Entrants Be Selected?

At the Kentucky Consular Center, all entries received from each region will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. When an entry has been selected, the entrant will be sent a notification letter by the Kentucky Consular Center, which will provide visa application instructions. The Kentucky Consular Center will continue to process the case until those selected to be visa applicants are instructed to appear for visa interviews at a U.S. consular office or until those qualifying to change status in the United States apply at a domestic USCIS office.

Important Note: Notifications to those selected in the random lottery are not sent by e-mail. Should you receive an e-mail notification about your E-DV selection, be aware that the message is not legitimate.

15. May Selectees Adjust Their Status With USCIS?

Yes, provided they are otherwise eligible to adjust status under the terms of Section 245 of the INA, selected individuals who are physically present in the United States may apply to the USCIS for adjustment of status to permanent resident. Applicants must ensure that USCIS can complete action on their cases, including processing of any overseas derivatives, before September 30, 2010, since on that date

[[Page 56884]]

registrations for the DV-2010 program expire. No visa numbers for the DV-2010 program will be available after midnight on September 30, 2010 under any circumstances.

16. Will Entrants Who Are Not Selected Be Informed?

Starting with DV-2010, all entrants, including those not selected, will be able to check the status of their entry through the E-DV Web site and find out if their entry was or was not selected. Entrants should keep their own confirmation page information from the time of their entry (October 2, 2008 to December 1, 2008) until they may check the status of their entry online. Status information for DV-2010 will be available online from July 1, 2009 until June 30, 2010. All notification letters are sent within five to seven months from the end of the application period to the address indicated on the entry.

17. How Many Individuals Will Be Selected?

There are 50,000 DV visas available for DV-2010, but more than that number of individuals will be selected. Because it is likely that some of the first 50,000 persons who are selected will not qualify for visas or pursue their cases to visa issuance, more than 50,000 entries will be selected by the Kentucky Consular Center to ensure that all of the available DV visas are issued. However, this also means that there will not be a sufficient number of visas for all those who are initially selected. All applicants who are selected will be informed promptly of their place on the list. Interviews for the DV-2010 program will begin in October 2009. The Kentucky Consular Center will send appointment letters to selected applicants four to six weeks before the scheduled interviews with U.S. consular officers at overseas posts. Each month visas will be issued, visa number availability permitting, to those applicants who are ready for issuance during that month. Once all of the 50,000 DV visas have been issued, the program for the year will end. In principle, visa numbers could be finished before September 2010. Selected applicants who wish to receive visas must be prepared to act promptly on their cases. Random selection by the Kentucky Consular Center computer as a selectee does not automatically guarantee that you will receive a visa. You must qualify for the visa as well.

18. Is There a Minimum Age for Applicants To Apply for the E-DV Program?

There is no minimum age to apply for the program, but the requirement of a high school education or work experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18.

19. Are There Any Fees for the E-DV Program?

There is no fee for submitting an electronic lottery entry. DV applicants must pay all required visa fees at the time of visa application directly to the consular cashier at the embassy or consulate. Details of required diversity visa and immigration visa application fees will be included with the instructions sent by the Kentucky Consular Center to applicants who are selected.

Do DV Applicants Receive Waivers of Any Grounds of Visa Ineligibility or Receive Special Processing for a Waiver Application?

Applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act. There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the Act, nor is there special processing for waiver requests. Some general waiver provisions for people with close relatives who are American Citizens of Lawful Permanent Resident aliens may be available to DV applicants as well, but the time constraints in the DV program will make it difficult for applicants to benefit from such provisions.

21. May Persons Who Are Already Registered for an Immigrant Visa in Another Category Apply for the DV Program?

Yes, such persons may apply for the DV program.

22. How Long Do Applicants Who Are Selected Remain Entitled To Apply for Visas in the DV Category?

Persons selected in the DV-2010 lottery are entitled to apply for visa issuance only during fiscal year 2010, from October 1, 2009 through September 30, 2010. Applicants must obtain the DV visa or adjust status by the end of the fiscal year. There is no carry-over of DV benefits into the next year for persons who are selected but who do not obtain visas during FY-2010. Also, spouses and children who derive status from a DV-2010 registration can only obtain visas in the DV category between October 2009 and September 2010. Applicants who apply overseas will receive an appointment letter from the Kentucky Consular Center four to six weeks before the scheduled appointment.

23. If an E-DV Selectee Dies, What Happens to the DV Case?

The death of an individual selected in the lottery results in automatic revocation of the DV case. Any eligible spouse and/or children are no longer entitled to the DV visa, for that entry.

24. When Will E-DV Online Be Available?

Online entry will be available during the registration period beginning at noon EDT (GMT-4) on October 2, 2008 and ending at noon EST (GMT-5) on December 1, 2008.

25. Will I Be Able To Download and Save the E-DV Entry Form to a Microsoft Word Program (or Other Suitable Program) and Then Fill It Out?

No, you will not be able to save the form into another program for completion and submission later. The E-DV Entry Form is a Web form only. This makes it more ``universal'' than a proprietary word processor format. Additionally, it does require that the information be filled in and submitted while on-line.

26. If I Don't Have Access to a Scanner, Can I Send Photographs to My Relative in the U.S. To Scan the Photographs, Save the Photographs to a Diskette, and Then Mail the Diskette Back to Me To Apply?

Yes, this can be done as long as the photograph meets the photograph requirements in the instructions, and the photograph is electronically submitted with, and at the same time the E-DV online entry is submitted. The applicants must already have the scanned photograph file when they submit the entry on-line. The photograph cannot be submitted separate from the online application. Only one on- line entry can be submitted for each person. Multiple submissions will disqualify the entry for that person for DV-2010. The entire entry (photograph and application together) can be submitted electronically from the United States or from overseas.

27. Can I Save the Form On-Line So That I Can Fill Out Part and Then Come Back Later and Complete the Remainder?

No, this cannot be done. The E-DV Entry Form is designed to be completed

[[Page 56885]]

and submitted at one time. However, because the form is in two parts, and because of possible network interruptions and delays, the E-DV system is designed to permit up to sixty (60) minutes between the downloading of the form and when the entry is received at the E-DV Web site after being submitted online. If more than sixty minutes elapses and the entry has not been electronically received, the information already received is discarded. This is done so that there is no possibility that a full entry could accidentally be interpreted as a duplicate of a previous partial entry. For example, suppose an applicant with a wife and child sends a filled in E-DV Entry Form Part One and then receives Form Part Two, but there is a delay before sending Part Two because of trouble finding the file that holds the child's photograph. If the filled in Form Part Two is sent by the applicant and received by the E-DV Web site within sixty (60) minutes, there is no problem. However, if the Form Part Two is received after sixty (60) minutes have elapsed, then the applicant will be informed that he or she must start the entire entry over from the beginning. The DV-2010 instructions explain clearly and completely what information is required to fill in the form. This way you can be fully prepared, making sure you have all of the information needed, before you start to complete the form on-line.

28. If the Submitted Digital Images Do Not Conform to the Specifications, the Procedures State That the System Will Automatically Reject the E-DV Entry Form and Notify the Sender. Does This Mean I Will Be Able to Re-Submit My Entry?

Yes, the entry can be resubmitted. Since the entry was automatically rejected, it was not actually considered as submitted to the E-DV Web site. It does not count as a submitted E-DV entry, and no confirmation notice of receipt is sent. If there are problems with the digital photograph sent, because it does not conform to the requirements, it is automatically rejected by the E-DV Web site. However, the amount of time it takes the rejection message to reach the sender is unpredictable due to the nature of the Internet. If the problem can be fixed by the applicant, and the Form Part One or Two is re-sent within sixty (60) minutes, there is no problem. Otherwise the submission process will have to be started over. An applicant can try to submit an application as many times as is necessary until a complete application is received and the confirmation notice sent.

29. Will the Electronic Confirmation Notice That the Completed E-DV Entry Form Has Been Received Through the Online System Be Sent Immediately After Submission?

The response from the E-DV Web site which contains confirmation of the receipt of an acceptable E-DV Entry Form is sent by the E-DV Web site immediately. However, how long it takes the response to reach the sender is unpredictable due to the nature of the Internet. If many minutes have elapsed since pressing the `Submit' button, there is no harm in pressing the `Submit' button a second time. The E-DV system will not be confused by a situation where the `Submit' button is hit a second time, because no confirmation response has been received. An applicant can try to submit an application as many times as is necessary until a complete application is received and the confirmation notice sent. However, once you receive a confirmation notice, do not resubmit your information.

30. How Will I Know if the Notification of Selection That I Have Received Is Authentic? How Can I Confirm That I Have in Fact Been Chosen in the Random DV Lottery?

Keep your confirmation page. You will need it to check the status of your entry yourself at the official DV Web site after the electronic lottery is conducted (usually March). If you lose your confirmation information you will not be able to check your DV entry status yourself and we will not resend the confirmation page to you. If selected, you will also receive a letter from the Kentucky Consular Center by mail sometime between May and July 2009 at the addresses listed on the E-DV entry. Only the randomly selected individuals will be notified by mail. Persons not selected may check their entry using their confirmation information through the official DV Web site, but will not receive additional official notification by e-mail or by mail. We will not resend confirmation page information to you. If you lose your confirmation page information you will only find out if you were selected if you receive an official letter by mail. U.S. embassies and consulates will not be able to provide a list of those selected to continue the visa process.

The Kentucky Consular Center (KCC) will send the letters notifying those selected. These letters will contain instructions for the visa application process. The instructions say the selected applicants will pay all diversity and immigrant visa fees in person only at the U.S. Embassy or Consulate at the time of the visa application. The Consular Cashier or Consular Officer immediately gives the visa applicant a U.S. Government receipt for payment. You should never send money for DV fees through the mail, through Western Union, or any other delivery service.

The E-DV lottery entries are made on the Internet, on the official U.S. Government E-DV Web site at http://www.dvlottery.state.gov. KCC sends only letters to the selected applicants. KCC, consular offices, or the U.S. Government has never sent e-mails to notify selected individuals, and there are no plans to use e-mail for this purpose for the DV-2010 program.

The Department of State, Visa Services advises the public that only Internet sites including the ``.gov'' indicator are official government Web sites. Many other non-governmental Web sites (e.g., using the suffixes ``.com'' or ``.org'' or ``.net'') provide legitimate and useful immigration and visa related information and services. Regardless of the content of non-governmental Web sites, the Department of State does not endorse, recommend or sponsor any information or material shown at these other Web sites.

Some Web sites may try to mislead customers and members of the public into thinking they are official Web sites and may contact you by e-mail to lure you to their offers. These Web sites may attempt to require you to pay for services such as forms and information about immigration procedures, which are otherwise free on the Department of State Visa Services Web site, or overseas through the Embassy Consular Section Web sites. Additionally, these other Web sites may require you to pay for services you will not receive, often including diversity immigration application and visa fees in an effort to outright steal your money. Once you send money in one of these scams, you will never see it again. Also, you should be wary of sending any personal information that might be used for identity fraud/theft to these Web sites.

31. How Do I Report Internet Fraud or Unsolicited E-Mail?

If you wish to file a complaint about Internet fraud, please see the econsumer.gov Web site, hosted by the Federal Trade Commission, which is a joint effort of consumer protection agencies from 17 nations at http://www.econsumer.gov/english/ or go to the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center or IC3. To file a complaint about unsolicited e-

[[Page 56886]]

mail, contact the Department of Justice Contact Us page.

32. If I Am Successful in Obtaining a Visa Through the Dv Program

Will the U.S. Government Assist With My Airfare to the U.S., Provide Assistance to Locate Housing and Employment, Provide Healthcare or Provide Any Subsidies Until I Am Fully Settled?

No, applicants who obtain a DV visa are not provided any type of assistance such as airfare, housing assistance, or subsidies. If you are selected to apply for a DV visa, before you can be issued a visa, you will be required to provide evidence that you will not become a public charge in the U.S. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support, Form I- 134 from a relative or friend residing in the U.S. and/or an offer of employment from an employer in the U.S.

List of Countries by Region Whose Natives Are Eligible for DV-2010

The lists below show the countries whose natives are eligible for DV-2010 within each geographic region for this diversity program. The countries whose natives are not eligible for the DV-2010 program were identified by the U.S. Citizenship and Immigration Services (USCIS) according to the formula in Section 203(c) of the Immigration and Nationality Act. Dependent areas overseas are included within the region of the governing country. The countries whose natives are not eligible for this diversity program (because they are the principal source countries of Family-Sponsored and Employment-Based immigration, or ``high admission'' countries) are noted after the respective regional lists.

Africa
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Congo, Democratic Republic of the
Cote D'Ivoire (Ivory Coast)
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia, The
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe

Persons born in the Gaza Strip are chargeable to Egypt.
List of Countries by Region Whose Natives Are Eligible for DV-2010
Asia
Afghanistan
Bahrain
Bangladesh
Bhutan
Brunei
Burma
Cambodia
East Timor
Hong Kong Special Administrative Region
Indonesia
Iran
Iraq
Israel
Japan
Jordan
Kuwait
Laos
Lebanon
Malaysia
Maldives
Mongolia
Nepal
North Korea
Oman
Qatar
Saudi Arabia
Singapore
Sri Lanka
Syria
Taiwan
Thailand
United Arab Emirates
Yemen

Natives of the following Asian countries are not eligible for this year's diversity program:

China [mainland-born], India, Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R. and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below. Persons born in the areas administered prior to June 1967 by Israel, Jordan and Syria are chargeable, respectively, to Israel, Jordan and Syria.

List of Countries by Region Whose Natives Are Eligible for DV-2010
Europe
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark (including components and dependent areas overseas)
Estonia
Finland
France (including components and dependent areas overseas)
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kosovo
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia, the Former Yugoslav Republic
Macau Special Administrative Region
Malta
Moldova
Monaco
Montenegro
Netherlands (including components and dependent areas overseas)
Northern Ireland
Norway
Portugal (including components and dependent areas overseas)
Romania
Russia

[[Page 56887]]

San Marino
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkey
Turkmenistan
Ukraine
Uzbekistan
Vatican City

Natives of the following European countries are not eligible for this year's diversity program: Great Britain and Poland. Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos Islands. Note that for purposes of the diversity program only, Northern Ireland is treated separately; Northern Ireland does qualify and is listed among the qualifying areas.

List of Countries by Region Whose Natives Are Eligible for DV-2010
North America
The Bahamas

In North America, natives of Canada and Mexico are not eligible for this year's diversity program.

Oceania
Australia (including components and dependent areas overseas)
Fiji
Kiribati
Marshall Islands
Micronesia, Federated States of
Nauru
New Zealand (including components and dependent areas overseas)
Palau
Papua New Guinea
Somoa
Solomon Islands
Tonga
Tuvalu
Vanuatu
South America, Central America, and the Caribbean
Antigua and Barbuda
Argentina
Barbados
Belize
Belize
Bolivia
Chile
Costa Rica
Cuba
Dominica
Grenada
Guyana
Honduras
Nicaragua
Panama
Paraguay
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Suriname
Trinidad and Tobago
Uruguay
Venezuela

Countries in this region whose natives are not eligible for this year's diversity program: Brazil, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Jamaica, Mexico, and Peru.

Dated: September 22, 2008.
Janice Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E8-22994 Filed 9-29-08; 8:45 am]

BILLING CODE 4710-06-P

Copyright © 1993–2008, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005