Federal Register, Volume 77 Issue 189 (Friday, September 28, 2012)
[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59692-59700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23934]


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DEPARTMENT OF STATE

[Public Notice: 8044]


2014 Diversity Immigrant Visa Program

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: This public notice provides information on how to apply for 
the DV-2014 Program.

Instructions for the 2014 Diversity Immigrant Visa Program (DV-2014)

    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)).
    The congressionally mandated Diversity Immigrant Visa Program is 
administered on an annual basis by the Department of State and 
conducted based on United States law, specifically Section 203(c) of 
the Immigration and Nationality Act (INA). This law provides for a 
class of immigrants known as ``diversity immigrants,'' with visas made 
available to persons from countries with historically low rates of 
immigration to the United States. For Fiscal Year 2014, 50,000 
diversity visas (DV) will be available.
    The annual DV program makes visas available to persons meeting 
simple, but strict, eligibility requirements. A computer-generated, 
random drawing chooses selectees for DVs. The visas are distributed 
among six geographic regions, and within each region, no single country 
may receive more than seven percent of the available DVs in any one 
year. Visas are allocated to natives of countries with historically 
lower rates of U.S. immigration. Natives of countries who have sent 
more than 50,000 immigrants to the United States over the past five 
years are not eligible to apply for the Diversity Visa program.
    For DV-2014, natives of the following countries are not eligible to 
apply because the countries sent a total of more than 50,000 immigrants 
to the United States in the previous five years:
    Bangladesh, Brazil, Canada, China (mainland-born), Colombia, 
Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, 
Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom 
(except Northern Ireland) and its dependent territories, and Vietnam.
    The term ``country'' in this notice includes countries, economies, 
and other jurisdictions explicitly listed at the end of these 
instructions. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are 
eligible.
    Changes in eligibility this year:
    For DV-2014, natives of Guatemala are now eligible for selection.
    The Department of State implemented the electronic registration 
system beginning with DV-2005 in order to make the DV 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 those who submit multiple entries.

Diversity Visa Registration Period

    Entries for the DV-2014 DV program must be submitted electronically 
between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 2, 
2012, and noon, Eastern Daylight Time (EDT) (GMT-4), Saturday, November 
3, 2012. Applicants may access the electronic DV Entry Form (E-DV) at 
www.dvlottery.state.gov during the registration period. Paper entries 
will not be accepted. We strongly encourage applicants 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, 
EDT, on November 3, 2012.

Requirements for Entry

    To enter the DV program, you must be a native of one of the listed 
countries. 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 that both you and your 
spouse are on the selected entry, are issued visas, and enter the 
United States 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' countries of birth if it is a country

[[Page 59693]]

whose natives qualify for the DV-2014 program.
    To enter the DV program, 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 for the principal DV applicant, 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-2014

    The Department of State will only accept completed E-DV entry forms 
submitted electronically at www.dvlottery.state.gov during the 
registration period between noon, EDT (GMT-4), Tuesday, October 2, 
2012, and noon, EDT (GMT-4), Saturday, November 3, 2012.
    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. There are no costs or fees to register for the DV 
Program.
    A registered entry that complies with submission instructions will 
result in a confirmation screen containing your name and a unique 
confirmation number. You must print this confirmation screen for your 
records using the print function of your web browser and ensure that 
you retain your confirmation number. Starting May 1, 2013, you will be 
able to check the status of your DV-2014 entry by returning to 
www.dvlottery.state.gov, clicking on Entrant Status Check, and entering 
your unique confirmation number and personal information. Entrant 
Status Check will be the sole means of informing you of your selection 
for DV-2014, providing instructions to you on how to proceed with your 
application, and notifying you of your appointment for your immigrant 
visa interview. Therefore, it is essential you retain your confirmation 
number.
    Paper entries are no longer accepted. The sole method for entry to 
the 2014 Diversity Visa Program is through this electronic process.
    On your entry, you must list your spouse (husband or wife), and all 
living unmarried children under 21 years of age, regardless of whether 
or not they are living with you or intend to accompany or follow to 
join you should you immigrate to the United States, with the exception 
of children who are already U.S. citizens or Lawful Permanent 
Residents. A spouse or child who is already a U.S. citizen or a Lawful 
Permanent Resident will not require or be issued a DV visa. Failure to 
comply with this instruction can result in the disqualification of your 
entry.
    It is very important that you submit all required photographs. Your 
entry will be disqualified if you do not submit all the required 
photographs. Recent photographs of the following people must be 
submitted electronically with the E-DV entry form:
    [ssquf] You
    [ssquf] Your spouse
    [ssquf] Each living 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 include a photograph for a 
spouse or child who is already a U.S. citizen or a Lawful Permanent 
Resident.
    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. Group or family 
photographs will not be accepted; there must be a separate photograph 
for each family member.
    Failure to enter the correct photograph of each individual into the 
E-DV system may result in disqualification of the principal applicant 
and refusal of all visas associated with the case at the time of the 
visa interview. Entries are subject to disqualification and visa 
refusal for cases in which the photographs are not recent, show 
manipulation in any way, or fail to meet the specifications explained 
below.

Instructions for Submitting a Digital Photograph (Image)

    A digital photograph (image) of you, your spouse, and each child 
must be submitted online 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. The image file must adhere 
to the compositional and technical specifications listed below. 
Entrants may test their photos for suitability through the photo 
validation link on the e-DV Web site before submitting their entries. 
The photo validation 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.
    Head Position. 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 height or facial region size (measured from the top of 
the head, including the hair, to the bottom of the chin) must be 
between 50 percent and 69 percent of the image's total height. The eye 
height (measured from the bottom of the image to the level of the eyes) 
should be between 56 percent and 69 percent of the image's height.
    Background. The person being photographed should be in front of a 
neutral, light-colored background. Dark or patterned backgrounds are 
not acceptable.
    Focus. The photograph must be in focus.
    Decorative Items. Photographs in which the person being 
photographed is wearing sunglasses or other items that detract from the 
face will not be accepted.
    Head Coverings and Hats. Photos of applicants wearing head 
coverings or hats are only acceptable if the head covering is worn for 
religious beliefs; even then, the head covering 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. Color 
photographs may be downloaded from a camera to a file in the computer 
or they may be scanned onto a computer. If you are using a scanner, the 
settings must be for True Color or 24-bit color mode. See the 
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.

[[Page 59694]]

    Taking a New Digital Image. If a new digital image is taken, it 
must meet the following specifications:
    Image File Format: The image must be in the Joint Photographic 
Experts Group (JPEG) format.
    Image File Size: The maximum file size is 240 kilobytes (240 KB).
    Image Resolution and Dimensions: Minimum acceptable dimensions are 
600 pixels (width) x 600 pixels (height). Image pixel dimensions must 
be in a square aspect ratio (meaning the height must be equal to the 
width).
    Image Color Depth: Image must be in color (24 bits per pixel). 24-
bit black and white or 8-bit images will not be accepted.
    Scanning a Submitted Photograph. Before a photographic print is 
scanned, it must meet the compositional specifications listed above. If 
the photographic print meets the print color and compositional 
specifications, scan the print using the following scanner 
specifications:
    Scanner Resolution: Scanned at a resolution of at least 300 dots 
per inch (dpi).
    Image File Format: The image must be in the Joint Photographic 
Experts Group (JPEG) format.
    Image File Size: The maximum image file size is 240 kilobytes (240 
KB).
    Image Resolution: 600 by 600 pixels.
    Image Color Depth: 24-bit color. [Note that black and white, 
monochrome, or grayscale images will not be accepted.]

Information Required for the Electronic Entry

    There is only one way to enter the DV-2014 program. You must submit 
the DS-5501, the Electronic Diversity Visa Entry Form (E-DV Entry 
Form), which is only accessible online at the EDV Web site 
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 information below on the E-DV Entry Form.
    Notice: The Department of State strongly encourages applicants to 
complete the entry form without the assistance of ``Visa Consultants,'' 
``Visa Agents,'' or other individuals who offer to submit an entry on 
behalf of applicants. If somebody else (a third-party) helps you to 
complete your entry form, you should be present when the entry is 
prepared so that you can retain the confirmation page and your unique 
confirmation number. Facilitators may try to withhold confirmation 
numbers in order to make an unlawful demand for money or services in 
exchange for notification information that should have been directly 
available to you.
    Reminder: Your unique confirmation number from your DV-2014 online 
entry registration is required for you to later access the E-DV Web 
site. You will need to access the E-DV Web site 
(www.dvlottery.state.gov) after May 1, 2013, to determine whether or 
not your entry has been selected through the Entrant Status Check. 
Entrant Status Check will be the sole means of informing you of your 
selection for DV-2014. It will provide instructions to you on how to 
proceed with your application and notify you of the date and time of 
your immigrant visa interview. If you do not have your confirmation 
information, you will not be able to check your DV entry status.
    1. Full Name--Last/Family Name, First Name, Middle name. Enter your 
name exactly as listed on your passport.
    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 
is the one 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 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, and 
Country.
    9. Country Where You Live Today.
    10. Phone Number (optional).
    11. E-Mail Address--Provide an email address to which you have 
direct access. You will not receive an official selection letter at 
this address. However, if your entry is selected and you respond to the 
notification of your selection through the Entrant Status Check, you 
will receive follow-up communication from the Department of State by 
email notifying you that details of your immigrant visa interview are 
available on Entrant Status Check. The Department of State may contact 
you at this email address, but will never send you an email telling you 
that you have been selected for the DV program.
    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) Masters degree, (9) Some doctorate level courses, 
and (10) Doctorate degree.
    13. Marital Status--Unmarried, Married, Divorced, Widowed, or 
Legally Separated.
    14. Number of Children--Entries must include the name, date, and 
place of birth of your spouse and all living natural children. Entries 
must also include all living children legally adopted by you, and 
living step-children who are unmarried and under the age of 21 on the 
date of your electronic entry, 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 DV; however, U.S. law protects children from ``aging out'' in 
certain circumstances. If your DV entry is made before your unmarried 
child turns 21, and the child turns 21 before visa issuance, he/she may 
be protected from aging out by the Child Status Protection Act and be 
treated as though he/she were fewer than 21 for visa-processing 
purposes. You are not required to list a spouse or child who is already 
a U.S. citizen or a Lawful Permanent Resident, as they will not be 
eligible for a DV 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, and Photograph. Failure to list your eligible 
spouse will result in disqualification of the principal applicant and 
refusal of all visas in the case at the time of the visa interview. You 
must list your spouse here even if you plan to be divorced before you 
apply for a visa.
    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.

[[Page 59695]]

Selection of Applicants

    Based on the allocations of available visas in each region and 
country, computer software will randomly select individuals from among 
qualified entries. All DV-2014 entrants will be required to go to the 
E-DV Web site Entrant Status Check using the unique confirmation number 
saved from their DV-2014 online entry registration to find out whether 
their entry has been selected in the DV program. Entrant Status Check 
will be available on the E-DV Web site at www.dvlottery.state.gov 
starting May 1, 2013, and continuing through at least June 30, 2014. 
Selectees will be directed to a confirmation page that will provide 
further instructions, including information on fees connected with 
immigration to the United States. Entrant Status Check will be the only 
means by which selectees will be notified of their selection for DV-
2014. The Department of State will not be mailing out notification 
letters. Those selected in the random drawing are not notified of their 
selection by email. Those individuals not selected will be notified of 
their non-selection through Entrant Status Check. U.S. embassies and 
consulates will not provide a list of selectees. Selectees' spouses and 
unmarried children under age 21 may also apply for visas to accompany 
or follow-to-join the principal applicant. DV-2014 visas will be issued 
between October 1, 2013, and September 30, 2014.
    Processing of entries and issuance of DVs to selectees meeting 
eligibility requirements and their eligible family members must be 
completed by midnight on September 30, 2014. Under no circumstances can 
DVs be issued or adjustments approved after this date, nor can family 
members obtain DVs to follow-to-join the principal applicant in the 
United States after this date.
    In order to receive a DV to immigrate to the United States, 
entrants in the random drawing that are selected for the next steps 
(called selectees) must meet all eligibility requirements under U.S. 
law. These requirements may significantly increase the level of 
scrutiny required and time necessary for processing for natives of some 
countries listed in this notice including, but not limited to, 
countries identified as state sponsors of terrorism.

Important Notice

    Electronic Online Entry In the Annual DV Program Is Free. The State 
Department does not charge any fees to enter. 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. The only Web site on 
which people can officially register to participation in the Diversity 
Program is www.dvlottery.state.gov.
    A qualified electronic entry submitted directly by an applicant has 
an equal chance of being randomly selected by computer, as does a 
qualified electronic entry received from an outside intermediary on 
behalf of the applicant. 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

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. Because your eligibility is 
based on your spouse, however, you will not be issued a DV-1 immigrant 
visa unless your spouse is also eligible for and issued a DV-2 visa, 
and both of you must enter the United States together using your DVs. 
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 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 Entry Form, in 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. 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 program?

    Keep your confirmation page from the online registration entry 
submission until at least June 2014. You must have your confirmation 
number to access information through the Entrant Status Check available 
on the E-DV Web site at www.dvlottery.state.gov. Entrant Status Check 
will be the sole means by which DV-2014 entrants are notified of their 
selection, provided instructions on how to proceed with their 
application, and notified of their immigrant visa interview appointment 
date and time. Be advised that the E-DV Web site 
www.dvlottery.state.gov is the only authorized Department of State Web 
site for official online entry, as well as the required online status 
check for the Diversity Visa Program.
    Status information will be available starting May 1, 2013 through 
at least June 30, 2014. You must have your confirmation information in 
order to check your DV entry status. Only the individuals selected 
randomly to continue the visa process will be given additional 
instructions on how to pursue their DV visa application. Persons not 
selected may verify the non-selection of their entry using their 
confirmation information through the official DV Web site, but they 
will not receive any additional instructions. U.S. Embassies and 
Consulates have no access to the Entrant Status check system; they are 
unable to check the system for you. The Department of State is not able 
to provide a list of those selected to continue the visa process.
    Randomly selected entrants will receive notification instructions 
for the DV visa application process on the selectee confirmation page 
available through Entrant Status Check on the E-DV Web site 
www.dvlottery.state.gov. The instructions say the selected applicants 
will pay all DV and immigrant visa fees in person only at the U.S. 
Embassy or Consulate at the time of the visa application. The consular 
cashier immediately gives the visa applicant a U.S. government receipt

[[Page 59696]]

for payment. Selected applicants applying for an immigrant visa at a 
U.S. Embassy or Consulate should never send money for DV fees through 
the mail, Western Union, or any other delivery service. Those selectees 
who are already present in the United States and who file for 
adjustment of status will receive separate instructions on how to mail 
DV fees to a U.S. bank.
    The E-DV program entries are submitted on the Internet, on the 
official U.S. government E-DV Web site at www.dvlottery.state.gov. 
Notification letters will not be sent to the selected applicants. The 
U.S. government has never sent emails to notify individuals that they 
have been selected, and there are no plans to use email for this 
purpose for the DV-2014 program. Selectees will only receive email 
communications alerting them that a visa appointment has been scheduled 
after they have responded to the notification instructions on Entrant 
Status Check. Such emails will direct selectees to check their 
interview appointment details on Entrant Status Check and will not 
contain information on the actual appointment date and time.
    Please note that only Internet sites that end with the ``.gov'' 
domain suffix are official U.S. government Web sites. Many other non-
governmental Web sites (e.g., using the suffixes ``.com,'' ``.org,'' or 
``.net'') provide 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 try to mislead customers and members of the public 
into thinking they are official Web sites and may contact you by email 
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 free on the Department of State Web site or 
through U.S. Embassy or Consulate Web sites. Additionally, these other 
Web sites may require you to pay for services you are not likely to 
receive (such as fees for DV immigration applications and visas) in an 
effort to steal your money. If you send in money to one of these scams, 
you will likely never see it again. Also, you should be wary of sending 
any personal information to these Web sites, as it may be used for 
identity fraud/theft.

3. Why do natives of certain countries not qualify for the DV program?

    DVs are intended to provide an immigration opportunity for persons 
from countries other than the historical source countries of large 
numbers of immigrants to the United States, as indicated in the law by 
stating 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 previous five years. Each year, U.S. Citizenship and Immigration 
Services (USCIS) adds the family and employment immigrant admission 
figures for the previous five years to identify the countries whose 
natives will be ineligible for the annual diversity visa program. Since 
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.

4. What is the numerical limit for DV-2014?

    By law, the DV 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 DVs will be made available for use under the NACARA program. 
The actual reduction of the limit by up to 5,000 DVs began with DV-2000 
and will remain in effect through the DV-2014 program.

5. What are the regional DV limits for DV-2014?

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

6. When will entries for the DV-2014 program be accepted?

    The DV-2014 entry period will run from noon, Eastern Daylight Time 
(EDT) (GMT-4), Tuesday, October 2, 2012, until noon, Eastern Daylight 
Time (EDT) (GMT-4), Saturday, November 3, 2012. 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 starting noon Eastern Daylight Time (EDT) on October 2 and 
continuing until noon Eastern Daylight Time (EDT) on November 3 ensures 
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 during the registration period. Excessive demand at end of the 
registration period may slow the system down. No entries whatsoever 
will be accepted after noon EDT Saturday, November 3, 2012.

7. May persons who are in the United States apply for the program?

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

8. 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 employs 
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 once each year during the regular registration 
period.

9. 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 is selected, the other is 
entitled to apply as a derivative dependent.

10. What family members must I include on my E-DV entry?

    On your entry you must list your spouse (husband or wife) and all 
living unmarried children less than 21 years of age, regardless of 
whether or not they are living with you or intend to accompany or 
follow to join you should you immigrate to the United States. 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 living children who are unmarried and under 21 years of age at 
the time of your initial E-DV entry, whether they are your natural 
children, your spouse's children, or children you

[[Page 59697]]

have formally adopted in accordance with the laws of your country, 
unless such child is already a U.S. citizen or Lawful Permanent 
Resident. List all children less than 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. You are not 
required to list children who are already U.S. citizens or Lawful 
Permanent Residents.
    The fact that you have listed family members on your entry does not 
mean that they 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 
9 above.

11. Can my same-sex spouse be included in a DV entry?

    No, same-sex marriages are not recognized under U.S. immigration 
law for the purpose of immigrating to the United States. However, your 
same-sex partner is free to submit his/her own entry into the DV 
program if he or she meets all eligibility requirements.

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 person seeking the Diversity Visa remains responsible 
for ensuring that information in the entry is correct and complete. All 
entrants, including those not selected, will be able to check the 
status of their entry through the Entrant Status Check available as of 
May 1, 2013, on the E-DV Web site at www.dvlottery.state.gov. Entrants 
must keep their own confirmation page information so that they are able 
to independently check the status of their entry.

13. What are the requirements for education or work experience?

    U.S. Immigration law and regulations require that every Diversity 
Visa entrant must have at least a high school education or its 
equivalent or have two years of work experience within the past five 
years in an occupation requiring at least two years of 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 General Equivalency 
Diploma (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.

14. What occupations qualify for the DV program?

    To determine eligibility based on work experience, definitions from 
the U.S. Department of Labor's (DOL) O*Net OnLine database will be 
used. The 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 DV Program. To qualify 
for a DV on the basis of your work experience, you must have, within 
the past five years, 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.

15. How do I find the qualifying occupations on the Department of Labor 
Web site?

    Qualifying DV Occupations are shown on the DOL 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. 
For additional information, see the Diversity Visa--List of Occupations 
Web page.

16. How will successful entrants be selected?

    All entries received from each region are individually numbered, 
and at the end of the registration period, a computer system 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 
will be the second case registered 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 
notified of his or her selection through the Entrant Status Check 
available starting May 1, 2013, on the E-DV Web site 
www.dvlottery.state.gov. The Department of State's Kentucky Consular 
Center (KCC) will then process the case until those selected to be visa 
applicants are instructed to appear for visa interviews at a U.S. 
Embassy or Consulate, or until those qualifying to change status in the 
United States apply at a domestic USCIS office.

    Important Note:  Official notifications of selection will be 
made through Entrant Status Check, available starting May 1, 2013, 
through at least June 30, 2014, on the E-DV Web site 
www.dvlottery.state.gov. The Department of State does not send 
selectee notifications or letters by regular postal mail or by 
email. Should you receive an email notification or a mailed letter 
stating that you have been selected to receive a DV, be aware that 
the notification is not legitimate. Any email communication you 
receive from the Department of State will direct you to review 
Entrant Status Check for new information about your application. The 
Department of State will never ask you to send money by mail or by 
services such as Western Union.

17. 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 USCIS for 
adjustment of status to permanent resident. Applicants must ensure that 
USCIS can complete action on their cases, including processing of any 
overseas spouse or children under 21 years of age, before September 30, 
2014, since on that date your eligibility for the DV-2014 program 
expires. No visa numbers for the DV-2014 program will be available 
after midnight EDT on September 30, 2014, under any circumstances.

18. Will entrants who are not selected be informed?

    All entrants, including those not selected, may check the status of 
their entry through the Entrant Status Check on the E-DV Web site at 
www.dvlottery.state.gov to find out if their entry was or was not 
selected. Entrants must keep their own confirmation page information 
from the time of their entry until at least June 30,

[[Page 59698]]

2014. Status information for DV-2014 will be available online from May 
1, 2013, through June 30, 2014. (Status information for the previous DV 
program, DV-2013, is available online from May 1, 2012, through June 
30, 2013.)

19. How many individuals will be selected?

    There are 50,000 DV visas available for DV-2014. 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 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 able to see whether they have 
been selected for further processing and their place on the list by 
checking the E-DV Web site's Entrant Status Check. Interviews for the 
DV-2014 program will begin in October 2013 for selectees who have 
submitted all pre-interview paperwork and other information as 
requested in the notification instructions. Selectees who provide all 
required information will be informed of their visa interview 
appointment through the E-DV Web site's Entrant Status Check four-to-
six weeks before the scheduled interviews with U.S. consular officers 
at overseas posts. Each month, visas will be issued to those applicants 
who are ready for issuance during that month, visa-number availability 
permitting. Once all of the 50,000 DV visas have been issued, the 
program will end. In principle, visa numbers could be finished before 
September 2014. Selected applicants who wish to receive visas must be 
prepared to act promptly on their cases. Random selection as a selectee 
does not guarantee that you will receive a visa. Selection merely means 
that you are eligible to apply for a Diversity Visa, and if qualified, 
issued a Diversity Visa. Only the first 50,000 selected applicants to 
qualify will be issued visas.

20. 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. Parents and siblings are 
ineligible to receive DV visas as dependents, and should not be 
included in the entry of the principal applicant.

21. Are there any fees for the E-DV program?

    There is no fee for submitting an electronic entry. DV applicants 
must pay all required visa fees at the time of visa application and 
interview directly to the consular cashier at the U.S. Embassy or 
Consulate. Selected individuals who adjust status while in the United 
States will pay all required fees directly to USCIS. Details of 
required DV and immigrant visa application fees will be included with 
the instructions provided to applicants who are selected.

22. If I am selected and apply for the DV, but do not qualify to 
receive one, can I get a refund of the visa fees I paid?

    Visa fees cannot be refunded. DV applicants must meet all 
qualifications for the visa as detailed in these instructions. If a 
consular officer determines an applicant does not meet requirements for 
the visa, or is otherwise ineligible for the DV under U.S. law, the 
officer cannot issue a visa and the applicant will forfeit all fees 
paid.

23. 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 (INA). 
There are no special provisions for the waiver of any ground of visa 
ineligibility aside from those ordinarily provided in the INA, nor is 
there special processing for waiver requests. Some general waiver 
provisions for people with close relatives who are U.S. Citizens or 
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.

24. 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.

25. How long do applicants who are selected remain entitled to apply 
for visas in the DV category?

    Persons selected in the DV-2014 program are entitled to apply for 
visa issuance only during U.S. government Fiscal Year 2014, which spans 
from October 1, 2013, through September 30, 2014. Without exception, 
all selected and eligible applicants must obtain their 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 by September 30, 2014 (the end of the fiscal year). Also, 
spouses and children who derive status from a DV-2014 registration can 
only obtain visas in the DV category between October 1, 2013 and 
September 30, 2014. Applicants who apply overseas will receive an 
appointment notification from the Department through Entrant Status 
Check on the E-DV Web site four to six weeks before the scheduled 
appointment.

26. If an E-DV selectee dies, what happens to the DV case?

    The death of a DV selectee results in automatic revocation of the 
DV case. Any eligible spouse and/or children will no longer be entitled 
to a DV visa for that entry.

27. When will E-DV be available online?

    Online entry will be available during RegPeriod the registration 
period beginning at noon EDT (GMT-4) on Tuesday, October 2, 2012, and 
ending at noon EDT (GMT-4) on Saturday, November 3, 2012.

28. 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 online.

29. If I don't have access to a scanner, can I send photographs to my 
relative in the United States to scan the photographs, save the 
photographs to a diskette, and then mail the diskette back to me to 
apply?

    Yes, as long as the photograph meets the requirements in the 
instructions and is electronically submitted with, and at the same time 
as, the E-DV online entry. The applicants must already have the scanned 
photograph file when they submit the entry online. The photograph 
cannot be submitted separately from the online application. Only one 
online entry can be submitted for each person. Multiple submissions 
will disqualify the entry for that person for DV-2014. The entire entry 
(photograph and application together) can be submitted electronically 
from the United States or from overseas.

[[Page 59699]]

30. Can I save the Form online so that I can fill out part and then 
come back later and complete the remainder?

    No. 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 form's download and when 
the entry is received at the E-DV Web site. If more than sixty minutes 
have elapsed 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. The DV-2014 instructions 
explain clearly and completely what information is required to fill in 
the form. Thus, you can be fully prepared, making sure you have all of 
the information needed before you start to complete the form online.

31. 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 re-submit my entry?

    Since the entry was automatically rejected, it was not actually 
considered as a submission to the E-DV Web site, so, yes, the entry can 
be resubmitted. 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, given the nature of the Internet. If the 
applicant can fix the error, and the Form Part One or Two is re-sent 
within sixty (60) minutes, there is no problem. Otherwise, the 
applicant will have to restart the submission process. 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.

32. 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, the amount of time it takes the response to 
reach the sender is unpredictable, given the nature of the Internet and 
email systems. 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.

33. How do I report Internet fraud or unsolicited email?

    If you wish to file a complaint about Internet fraud, please see 
the econsumer.gov Web site, hosted by the Federal Trade Commission, in 
cooperation with consumer-protection agencies from 17 nations (http://www.econsumer.gov/english). You may also report fraud to the Federal 
Bureau of Investigation (FBI) Internet Crime Complaint Center. To file 
a complaint about unsolicited email, visit the Department of Justice 
Contact Us page.

34. If I am successful in obtaining a visa through the DV program, will 
the U.S. government assist with my airfare to the United States, 
provide assistance to locate housing and employment, provide 
healthcare, or provide any subsidies until I am fully settled?

    No, applicants who obtain a DV are not provided any type of 
assistance such as airfare, housing assistance, or subsidies. If you 
are selected to apply for a DV, you will be required to provide 
evidence that you will not become a public charge in the United States 
before being issued a visa. 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 United States, and/or an 
offer of employment from an employer in the United States.

List of Countries/Areas by Region Whose Natives Are Eligible for DV-
2014

    The list below shows the countries whose natives are eligible for 
DV-2014, grouped by geographic region. Dependent areas overseas are 
included within the region of the governing country. The countries 
whose natives are not eligible for the DV-2014 program were identified 
by USCIS, according to the formula in Section 203(c) of the INA. The 
countries whose natives are not eligible for the DV 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
South Sudan
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe

    Persons born in the Gaza Strip are chargeable to Egypt; persons 
born in the West Bank are chargeable to Jordan; persons born in the 
Golan Heights are chargeable to Syria.
Asia
Afghanistan

[[Page 59700]]

Bahrain
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 Asia Region countries are not eligible for 
this year's diversity program:
    Bangladesh, China (mainland-born), India, Pakistan, South Korea, 
Philippines, and Vietnam. Hong Kong S.A.R., Macau S.A.R., and Taiwan do 
qualify and are listed above.
    Persons born in the areas administered prior to June 1967 by 
Israel, Jordan, and Syria are chargeable, respectively, to Israel, 
Jordan, and Syria. Persons born in the Gaza Strip are chargeable to 
Egypt; persons born in the West Bank are chargeable to Jordan; persons 
born in the Golan Heights are chargeable to Syria.
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
Macau Special Administrative Region
Macedonia
Malta
Moldova
Monaco
Montenegro
Netherlands (including components and dependent areas overseas)
Northern Ireland
Norway
Poland
Portugal (including components and dependent areas overseas)
Romania
Russia
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 DV program: Great Britain (United Kingdom). Great Britain 
(United Kingdom) includes the following dependent areas: Anguilla, 
Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, 
Gibraltar, Montserrat, Pitcairn, St. Helena, and 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.
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
Solomon Islands
Tonga
Tuvalu
Vanuatu
Samoa
South America, Central America, and the Caribbean
Antigua and Barbuda
Argentina
Barbados
Belize
Bolivia
Chile
Costa Rica
Cuba
Dominica
Grenada
Guatemala
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, Haiti, 
Jamaica, Mexico, and Peru.

    Dated: September 14, 2012.
Janice Jacobs,
 Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2012-23934 Filed 9-27-12; 8:45 am]
BILLING CODE 4710-06-P