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