[Federal Register: October 5, 2007 (Volume 72, Number 193)]
[Notices]
[Page 57089-57096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc07-92]
----------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 5952]
Bureau of Consular Affairs; Registration for the Diversity
Immigrant (DV-2009) Visa Program
Action: Notice of registration for the Diversity Immigrant
Visa Program.
This public notice provides information on how to apply for
the DV- 2009 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 2009 Diversity Immigrant Visa Program
(DV-2009)
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
up to 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-2009, 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
(the term "country" in this notice includes countries,
economies and other jurisdictions explicitly listed in this
notice):
Brazil, Canada, China (mainland-born), Colombia, Dominican
Republic, Ecuador, El Salvador, Guatemala, Haiti, India,
Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, Russia,
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.
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 fraud for the purposes of illegal
immigration or who submit multiple entries.
Diversity Visa Registration Period
Entries for the DV-2009 Diversity Visa Lottery must be
submitted electronically between noon, Eastern Daylight Time
(EDT) (GMT-4), Wednesday, October 3, 2007 and noon, Eastern
Standard Time (EST) (GMT- 5) Sunday, December 2, 2007.
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 website delays. No entries will be accepted after
noon, EST, on December 2, 2007.
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-2009 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 these requirements, you should NOT
submit an entry to the DV program.
Procedures for Submitting an Entry to DV-2009
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),
Wednesday, October 3, 2007 and noon, Eastern Standard Time
(EST) (GMT-5) Sunday, December 2, 2007.
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, date of birth,
country of chargeability, and a date/time stamp. You may print
this confirmation screen for your records using the print
function of your web browser. Paper entries will not be
accepted.
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, including all natural children as well as all
legally-adopted children and
[[Page 57090]]
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 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.
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.
Colored photographs in 24-bit color depth are preferred to
black and white or gray scale pictures in 24-bit color depth.
Photographs may be down loaded 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. Colored photographs or black
and white (or gray scale) must be scanned at this setting for
the requirements of the DV program. For black and white or
grey scale photographs scanned in 24-bit color mode, only
three colors or image bands are used, and the results will
still be black, white and gray. See additional scanning
requirements below.
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 sixty-two thousand five
hundred (62,500) bytes; the image resolution must be 320
pixels high by 240 pixels wide; the image color depth must be
24-bit color [Note: Colored photographs are preferred, but
black and white or grayscale photographs, if used, must be
scanned in 24-bit color mode]. 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: The print size must be 2 inches by 2
inches (50mm x 50mm) square; a color image is preferred,
however, a black and white or grayscale image may be used only
with the 24-bit setting mode.
The photographic print must also meet the compositional
specifications. If the photographic print meets the print
size, print color and compositional specifications, scan the
print using the following scanner specifications: Scanner
resolution must be 150 dots per inch (dpi); the image file
formant in Joint Photographic Experts Group (JPEG) format; the
maximum image file size will be sixty-two thousand five
hundred (62,500) bytes; the image resolution at 300 by 300
pixels; the image color depth 24-bit color. Note that black
and white or grayscale images must be used with 24-bit color
depth. 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-2009 lottery. You
must submit an 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 11.
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
[[Page 57091]]
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 (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. 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 2008 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-2009 visas will be issued between
October 1, 2008 and September 30, 2009.
Processing of entries and issuance of diversity visas to
successful individuals and their eligible family members must
occur by midnight on September 30, 2009. 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 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 in the country for
business or professional reasons on behalf of a company or
government. 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 or New Requirements in the
Application Procedures for This Diversity Visa Registration?
All DV-2009 lottery entries must be submitted
electronically at http://www.dvlottery.state.gov during the
registration period. No paper entries will be accepted.
Several questions and options for answers have been added
to DV- 2009 to gather additional information, including:
"What is the name of the country where you live today? And
"What is the highest level of education you have achieved, as
of today?" You must choose one of the ten options indicating
the highest level of education you have achieved: (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. "Legally Separated" replaces the term
"Separated" used in previous DV programs as an option under
the question "What is your marital status?" Legal separation
means that a court has formally declared that you and your
spouse are legally separated. Legal separation means that your
spouse would not be eligible to immigrate as your derivative.
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.
[[Page 57092]]
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-2009?
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-2009 program.
6. What Are the Regional Diversity Visa (DV) Limits for
DV-2009?
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-2009 Program Be Accepted?
The DV-2009 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 Sunday, December 2, 2007.
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.
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, 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 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.
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. 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
[[Page 57093]]
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, 2009, since on that date
registrations for the DV-2009 program expire. No visa numbers
for the DV-2009 program will be available after midnight on
September 30, 2009 under any circumstances.
16. Will Entrants Who Are Not Selected Be Informed?
No, entrants who are not selected will receive no response
to their entry. Only those who are selected will be informed.
All notification letters are sent within five to seven months
from the end of the application period to the address
indicated on the entry. Since there is no notification
provided to those not selected, anyone who does not receive a
letter five to seven months from the end of the registration
period should assume that his/her application has not been
selected.
17. How Many Individuals Will Be Selected?
There are 50,000 DV visas available for DV-2009, 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-2009 program will begin in October 2008.
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 2009. 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.
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.
20. Do DV Applicants Receive Waivers of Any Grounds of Visa
Ineligibility or Receive Special Processing for a Waiver
Application?
No. Applicants are subject to all grounds of ineligibility
for immigrant visas specified in the Immigration and
Nationality Act. There are neither special provisions for the
waiver of any ground of visa ineligibility other than those
ordinarily provided in the Act nor special processing for
waiver requests.
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-2009 lottery are entitled to
apply for visa issuance only during fiscal year 2009, from
October 1, 2008 through September 30, 2009. 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-2009. Also, spouses and children who derive status
from a DV-2009 registration can only obtain visas in the DV
category between October 2008 and September 2009. Applicants
who apply
[[Page 57094]]
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 3, 2007 and
ending at noon EST (GMT-5) on December 2, 2007.
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-2009. 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 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 website 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-2009 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 website 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.
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?
After the individuals have been selected at random from
among all qualified entries through the State Department E-DV
lottery computer program, they will not be notified by e-mail.
Those selected will be notified only by letter through the
mail between May and July 2008 at the addresses listed on
their E-DV entry. Only the randomly selected individuals will
be notified. Persons not selected will not receive any
notification. U.S. embassies and consulates will not be able
to provide a list of those selected to continue the visa
process.
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 have never sent
e-mails to
[[Page 57095]]
notify selected individuals, and there are no plans to use
e-mail for this purpose for the DV-2009 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
website, 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-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-2009
The lists below show the countries whose natives are
eligible for DV-2009 within each geographic region for this
diversity program. The countries whose natives are not
eligible for the DV-2009 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.
List of Countries by Region Whose Natives Are Eligible for
DV-2009
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. The
Hong Kong S.A.R. and Taiwan do qualify and are listed above.
Macau S.A.R. also qualifies and is listed below.
List of Countries by Region Whose Natives Are Eligible for
DV-2009
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,
Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg,
Macau Special Administrative Region, Macedonia, the Former
Yugoslav Republic, Malta, Moldova; Monaco, Montenegro,
Netherlands (including components and dependent areas
overseas), Northern Ireland, Norway, Portugal (including
components and dependent areas overseas), Romania; 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,
Poland and Russia. 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-2009
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, Samoa,
Solomon Islands, Tonga, Tuvalu, Vanuatu.
[[Page 57096]]
South America, Central America, And The Caribbean
Antigua and Barbuda, Argentina, Barbados, 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 28, 2007. Maura Harty, Assistant Secretary
for Consular Affairs, Department of State. [FR Doc. E7-19730
Filed 10-4-07; 8:45 am]
BILLING CODE 4710-06-P