Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2007) Visa Program, 58250-58255 [05-19982]

Download as PDF 58250 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices Anyone wishing to make an oral presentation to the Board must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone (202) 205–7045 or fax (202) 481–0681. Matthew K. Becker, Committee Management Officer. [FR Doc. 05–19978 Filed 10–4–05; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board; Public Meeting The U.S. Small Business Administration, Office of Small Business Development Centers, National Advisory Board will be hosting a public meeting via conference call to discuss such matters that may be presented by members, and the staff of the U.S. Small Business Administration, or interested others. The conference call will be held on Tuesday, October 18, 2005 at 1 p.m. eastern standard time. Anyone wishing to make an oral presentation to the Board must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone (202) 205–7045 or fax (202) 481–0681. Matthew K. Becker, Committee Management Officer. [FR Doc. 05–19980 Filed 10–4–05; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF STATE [Public Notice 5199] Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV–2007) Visa Program Application Submission Dates Notice of Registration for the Diversity Immigrant Visa Program. ACTION: This public notice provides information on how to apply for the DV 2007 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154(a)(1)(G)). Instructions for the 2007 Diversity Immigrant Visa Program (DV–2007) The congressionally mandated Diversity Immigrant Visa Program is VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101–649) amended INA 203 to provide for a new class of immigrants known as ‘‘Diversity Immigrants’’ (DV immigrants). The Act makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. Applicants for Diversity Visas are chosen by a computer-generated random lottery drawing. The visas, however, are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year. For DV–2007, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years (the term ‘‘country’’ in this notice includes countries, economies and other jurisdictions explicitly listed in this notice): Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible. Entries for the DV–2007 Diversity Visa Lottery must be submitted electronically between noon, eastern standard time, (e.s.t.) Wednesday, October 5, 2005 and noon, e.s.t. Sunday, December 4, 2005. Applicants may access the Electronic Diversity Visa Entry Form (EDV Entry Form) at https://www.dvlottery.state.gov during the registration period beginning noon, e.s.t. October 5, 2005. Paper entries will not be accepted. Applicants are strongly encouraged to not wait until the last week of the registration period to enter. Heavy demand may result in delays. No entries will be accepted after noon, e.s.t., on December 4, 2005. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Requirements for Entry Applicant must be a native of one of the countries listed. See ‘‘List of Countries by Region Whose Natives Qualify.’’ In most cases this means the country in which the applicant was born. However, there are two other ways a person may be able to qualify. First, if a person was born in a country whose natives are ineligible but his/her spouse was born in a country whose natives are eligible, such person can claim the spouse’s country of birth provided both the applicant and spouse are issued visas and enter the U.S. simultaneously. Second, if a person was born in a country whose natives are ineligible, but neither of his/her parents was born there or resided there at the time of his/ her birth, such person may claim nativity in one of the parents’ country of birth if it is a country whose natives qualify for the DV–2007 program. Applicants must meet either the education or training requirement of the DV program. An applicant 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. If the applicant cannot meet these requirements, he/she should not submit an entry to the DV program. Procedures for Submitting an Entry to DV–2007 The Department of State will only accept completed EDV Entry Forms submitted electronically at https:// www.dvlottery.state.gov during the registration period beginning at 12 p.m. e.s.t. (GMT–5) on October 5, 2005 and ending at 12 p.m. e.s.t. (GMT–5) on December 4, 2005. All entries by an applicant will be disqualified if more than one entry for the applicant is received, regardless of who submitted the entry. Applicants may prepare and submit their own entries or have someone submit the entry for them. Successfully registered entries will result in a display of a confirmation screen containing the applicant’s name, date of birth, country of chargeability, and a date/time stamp. The applicant may print this confirmation screen for his/her records using the print function of the Web browser. Paper entries will not be accepted. E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices The entry will be disqualified if all required photos are not submitted. Recent photographs of the applicant and his/her spouse and each child under 21 years of age, including all natural children as well as all legally-adopted and stepchildren (except a child who is already a U.S. citizen or a Legal Permanent Resident), even if a spouse or child no longer resides with the applicant or is not planning to immigrate under the DV program, must be submitted electronically with the EDV Entry Form. Group or family photos will not be accepted; there must be a separate photo for each family member. A digital photo (image) of each applicant, his/her spouse, and children must be submitted on-line with the EDV Entry Form. The image file can be produced either by taking a new digital photograph or by scanning a photographic print with a digital scanner. Entries are subject to disqualification if the photographs are not recent, have been manipulated, or fail to meet the specifications explained below. Instructions for Submitting a Digital Photo (Image) The image file must adhere to the following compositional specifications and technical specifications and can be produced in one of the following ways: Taking a new digital image or using a digital scanner to scan a submitted photograph. Technical Specifications The submitted digital photograph must conform to the following technical specifications or the system will automatically reject the EDV Entry Form and notify the sender. When taking a new digital image: The image file format must be in the Joint Photographic Experts Group (JPEG) format; it must have a maximum image file size of sixty-two thousand five hundred (62,500) bytes; the image resolution must be 320 pixels high by 240 pixels wide; the image color depth 24-bit color or 8-bit grayscale. [Note: Monochrome images (2-bit color depth) will not be accepted.] Before a photographic print is scanned it must meet the following specifications: The print size must be 2 inches by 2 inches (50mm x 50mm) square; the print color image must be either in color or grayscale. The photographic print must also meet the compositional specifications. If the photographic print meets the print size, print color and compositional specifications, scan the print using the following scanner specifications: Scanner resolution must be 150 dots per inch (dpi); the image file in Joint Photographic Experts Group (JPEG) format; maximum image file size will be sixty-two thousand five hundred (62,500) bytes; the image resolution at 300 by 300 pixels; the image color depth 24-bit color or 8-bit grayscale. [Note: Monochrome images (2-bit color depth) will not be accepted.] Compositional Specifications Information Required for the Electronic Entry The submitted digital image must conform to the following compositional specifications or the entry will be disqualified. The person being photographed must directly face the camera. The head of the person should not be tilted up, down, or to the side. The head should cover about 50% of the area of the photo. The photograph should be taken with the person in front of a neutral, light-colored background. Dark or patterned backgrounds are not acceptable. The photo must be in focus. Photos in which the person being photographed is wearing sunglasses or other items that detract from the face will not be accepted. Photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant. Photos of applicants with tribal or other headgear not specifically religious in nature will not be accepted. Photos of military, airline, or other personnel wearing hats will not be accepted. There is only one way to enter the DV–2007 lottery. Applicants must submit an EDV Entry Form, which is accessible only at https:// www.dvlottery.state.gov. Failure to complete the form in its entirety, and with correct information, will disqualify the applicant’s entry. Applicants will be asked to submit the following information on the EDV Entry Form. 1. FULL NAME—Last/Family Name, First Name, Middle name. 2. DATE OF BIRTH—Day, Month, Year. 3. GENDER—Male or Female. 4. CITY/TOWN OF BIRTH. 5. COUNTRY OF BIRTH—The name of the country should be that which is currently in use for the place where the applicant was born. 6. APPLICANT PHOTOGRAPH—(See information in this notice on photo specifications). 7. MAILING ADDRESS—Address, City/Town, District/Country/Province/ State, Postal Code/Zip Code, Country. VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 58251 8. PHONE NUMBER (optional). 9. E-MAIL ADDRESS (optional). 10. COUNTRY OF ELIGIBILITY IF THE APPLICANT’S NATIVE COUNTRY IS DIFFERENT FROM COUNTRY OF BIRTH—If the applicant is claiming nativity in a country other than his/her place of birth, this information must be indicated on the entry. 11. MARRIAGE STATUS— Unmarried, Married, Divorced, Widowed, LegallySeparated. 12. NUMBER OF CHILDREN THAT ARE UNMARRIED AND UNDER 21 YEARS OF AGE—Except children that are either U.S. legal permanent residents or American citizens. 13. SPOUSE INFORMATION—Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph. 14. CHILDREN INFORMATION— Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph. Note: Entries must include the name, date and place of birth of the applicant’s spouse and all natural children, as well as all legallyadopted and stepchildren, who are unmarried and under the age of 21 at the time of entry (except children who are already U.S. citizens or Legal Permanent Residents), even if they 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 will not qualify for the Diversity Visa. Failure to list all children will result in your disqualification for the visa. (See question 11 on the list of Frequently Asked Questions.) Selection of Applicants Applicants will be selected at random by computer from among all qualified entries. Those selected will be notified by mail between May and July 2006 and will be provided further instructions, including information on fees connected with immigration to the U.S. Persons not selected will not receive any notification. U.S. embassies and consulates will not be able to provide a list of successful applicants. Spouses and unmarried children under age 21 of successful applicants may also apply for visas to accompany or follow to join the principal applicant. DV–2007 visas will be issued between October 1, 2006 and September 30, 2007. In order to actually receive a visa, applicants selected in the random drawing must meet all eligibility requirements under U.S. law. Processing of entries and issuance of Diversity Visas to successful applicants and their eligible family members must occur by midnight on September 30, 2007. Under no circumstances can Diversity Visas be issued or adjustments approved after this date, nor can family members E:\FR\FM\05OCN1.SGM 05OCN1 58252 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices obtain Diversity Visas to follow to join the applicant in the U.S. after this date. Important Notice No fee is charged to enter the annual DV program. The U.S. Government employs no outside consultants or private services to operate the DV program. Any intermediaries or others who offer assistance to prepare DV casework for applicants 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 applicant’s discretion. A qualified entry submitted electronically and directly by an applicant has an equal chance of being selected by the State Department computer, as does an entry submitted electronically through a paid intermediary who completes the entry for the applicant. Every entry received during the lottery registration period will have an equal random chance of being selected within its region. However, receipt of more than one entry per person will disqualify the person from registration, regardless of the source of the entry. Frequently Asked Questions About DV Registration 1. What does the term ‘‘native’’ mean? Are there any situations in which persons who were not born in a qualifying country may apply? ‘‘Native’’ ordinarily means someone born in a particular country, regardless of the individual’s current country of residence or nationality. But 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 a principal applicant was born in a country that is not eligible for this year’s DV program, he or she may claim ‘‘chargeability’’ to the country where his or her derivative spouse was born, but he or she will not be issued a DV–1 unless the spouse is also eligible for and issued a DV–2, and both must enter the U.S. together on the DVs. In a similar manner, a minor dependent child can be ‘‘charged’’ to a parent’s country of birth. Finally, any applicant born in a country ineligible for this year’s DV program can be ‘‘charged’’ to the country of birth of either parent as long as neither parent was a resident of the ineligible country at the time of the applicant’s birth. In general, people are not considered residents of a country in which they were not born or legally VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 naturalized if they are only visiting the country temporarily or stationed in the country for business or professional reasons on behalf of a company or government. An applicant who claims alternate chargeability must indicate such information on the application for registration. Please be aware that listing an incorrect country of eligibility (i.e. one to which the entrant cannot establish a valid claim) may disqualify the entry. 2. Are there any changes or new requirements in the application procedures for thisDiversity Visa registration? All DV–2007 lottery entries must be submitted electronically at https:// www.dvlottery.state.gov between 12 noon e.s.t. Wednesday, October 5, 2005 and 12 noon e.s.t. Sunday, December 4, 2005. No paper entries will be accepted. The Department of State implemented an electronic registration system for the lottery in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify applicants who commit fraud for the purposes of illegal immigration or who submit multiple entries. The DV–2007 Diversity Immigrant Visa Program registration period will run from noon Eastern Standard Time October 5, 2005 through noon Eastern Standard Time December 4, 2005. 3. Are photographs required for each family member, or only for the principal applicant? Recent and individual photos of the applicant, his or her spouse and all children under 21 years of age are required. Family or group photos are not accepted. Check the information on the photo requirements included in this notice. 4. Why do natives of certain countries not qualify for the Diversity Program? Diversity Visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no Diversity Visas shall be provided for natives of ‘‘high admission’’ countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the previous five years. Each year, the U.S. Citizenship and Immigration Services (USCIS) adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives must be excluded from the annual Diversity Lottery. Because there PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 is a separate determination made before each annual DV entry period, the list of countries whose natives do not qualify may change from one year to the next. 5. What is the numerical limit for DV– 2007? By law, the U.S. Diversity Immigration Program makes available a maximum of 55,000 permanent residence visas each year to eligible persons. However, the Nicaraguan Adjustment and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning as early as DV–99, and for as long as necessary, 5,000 of the 55,000 annually-allocated Diversity Visas will be made available for use under the NACARA program. The actual reduction of the limit to 50,000 began with DV–2000 and remains in effect for the DV–2007 program. 6. What are the Regional Diversity Visa (DV) limits for DV–2007? The U.S. Citizenship and Immigration Services (USCIS) determines the DV regional limits for each year according to a formula specified in Section 203(c) of the Immigration and Nationality Act (INA). Once the USCIS has completed the calculations, the regional visa limits will be announced. 7. When will entries for the DV–2007 program be accepted? The DV–2007 entry period will begin on noon EST Wednesday, October 5, 2005 and will last through noon EST Sunday, December 4, 2005. Each year millions apply for the program during the registration period. The massive volume of entries creates an enormous amount of work in selecting and processing successful applicants. Holding the entry period during October through December will ensure successful applicants are notified in a timely manner, and will give both them and our embassies and consulates time to prepare and complete entries for visa issuance. Applicants are strongly encouraged to enter early in the registration period. Excessive demand at the end of the registration period may slow the system down. No entries whatsoever will be accepted after noon e.s.t. Sunday, December 4, 2005. 8. May persons who are in the U.S. apply for the program? Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the U.S. or from abroad. 9. Is each applicant limited to only one entry during the annual DV registration period? Yes, the law allows only one entry by or for each person during each registration period; applicants for whom more than one entry is submitted will be E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices disqualified. The Department of State employs sophisticated technology and other means to identify individuals that submit multiple entries during the registration period. Applicants submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the Department of State. Applicants may apply for the program each year during the regular registration period. 10. May a husband and a wife each submit a separate entry? Yes, a husband and a wife may each submit one entry, if each meets the eligibility requirements. If either were selected, the other would be entitled to derivative status. 11. What family members must I include on my DV entry? On your entry you must list your spouse, that is, husband or wife, and all unmarried children under 21 years of age at the time the entry is submitted, with the exception of children who are already a U.S. citizens or a Legal Permanent Residents. You must list your spouse even if you are currently separated from him or her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under the age of 21 years, whether they are your natural children, your spouse’s children, or children you have formally adopted in accordance with the laws of your country, unless such a child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you or you do not intend for them to immigrate under the DV program. The fact that you have listed family members on your entry does not mean that they later must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. (This only applies to persons who were dependents at the time the original application was submitted, not those acquired at a later date.) Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family. (See question 10 above.) 12. Must each applicant submit his or her own entry, or may someone act on behalf of an applicant? Applicants may prepare and submit their own entries or have someone submit the entry for them. Regardless of VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 whether an entry is submitted by the applicant directly or assistance is provided by an attorney, friend, relative, etc., only one entry may be submitted in the name of each person. If the entry is selected, the notification letter will be sent only to the mailing address provided on the entry. 13. What are the requirements for education or work experience? The law and regulations require that every applicant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A ‘‘high school education or equivalent’’ is defined as successful completion of a twelve-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Documentary proof of education or work experience should not be submitted with the lottery entry, but must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience, definitions from the Department of Labor’s O*Net OnLine database will be used. 14. How will successful entrants be selected? All entries received from each region will be individually numbered by computer. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. When an entry has been selected, the applicant will be sent a notification letter by the Kentucky Consular Center, which will provide visa application instructions. The Kentucky Consular Center will continue to process the case until those who are selected are instructed to appear for visa interviews at a U.S. consular office, or until those able to do so apply at a USCIS office in the United States for change of status. 15. May winning applicants adjust their status with USCIS? Yes, provided they are otherwise eligible to adjust status under the terms of Section 245 of the INA, selected applicants who are physically present in the United States may apply to the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status to PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 58253 permanent resident. Applicants must ensure that USCIS can complete action on their cases, including processing of any overseas derivatives, before September 30, 2007, since on that date registrations for the DV–2007 program expire. No visa numbers for the DV– 2007 program will be available after midnight on September 30, 2007 under any circumstances. 16. Will applicants who are not selected be informed? No, applicants who are not selected will receive no response to their entry. Only those who are selected will be informed. All winning notification letters are sent through regular mail by the Kentucky Consular Center within about five to seven months from the end of the application period to the address indicated on the entry. Since there is no notification provided to those not selected, anyone who does not receive a letter about five to seven months from the end of the registration period should assume that his or her application has not been not been selected. 17. How many applicants will be selected? There are 50,000 DV visas available for DV–2007, but more than that number of individuals will be selected. Because it is likely that some of the first 50,000 persons who are selected will not qualify for visas or pursue their cases to visa issuance, more than 50,000 entries will be selected by the State Department to ensure that all of the available DV visas are issued. However, this also means that there will not be a sufficient number of visas for all those who are initially selected. All applicants who are selected will be informed promptly of their place on the list. Interviews with those selected will begin in early October 2006. The Kentucky Consular Center will send appointment letters to selected applicants four to six weeks before the scheduled interviews with U.S. consular officers at overseas posts. Each month visas will be issued, visa number availability permitting, to those applicants who are ready for issuance during that month. Once all of the 50,000 DV visas have been issued, the program for the year will end. In principle, visa numbers could be finished before September 2007. Selected applicants who wish to receive visas must be prepared to act promptly on their cases. Random selection by the State Department computer does not automatically guarantee that you will receive a visa. 18. Is there a minimum age for applicants to apply for the DV Program? There is no minimum age to apply for the program, but the requirement of a high school education or work E:\FR\FM\05OCN1.SGM 05OCN1 58254 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18. 19. Are there any fees for the DV Program? There is no fee for submitting an entry. A special DV case processing fee will be payable later by persons whose entries are actually selected and processed at a U.S. consular section for this year’s program. DV applicants, like other immigrant visa applicants, must also pay the regular visa fees at the time of visa application. Details of required fees will be included with the instructions sent by the Kentucky Consular Center to applicants who are selected. 20. Are DV applicants specially entitled to apply for a waiver of any of the grounds of visa ineligibility? No. Applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act. There are no special provisions for the waiver of any ground of visa ineligibility other than those ordinarily provided in the Act. 21. May persons who are already registered for an immigrant visa in another category apply for the DV Program? Yes, such persons may apply for the DV program. 22. How long do applicants who are selected remain entitled to apply for visas in the DV Category? Persons selected in the DV–2007 lottery are entitled to apply for visa issuance only during fiscal year 2007, i.e., from October 2006 through September 2007. Applicants must obtain the DV visa or adjust status by the end of the Fiscal Year (September 30, 2007). There is no carry-over of DV benefits into the next year for persons who are selected but who do not obtain visas during FY–2007. Also, spouses and children who derive status from a DV–2007 registration can only obtain visas in the DV category between October 2006 and September 2007. Applicants who apply overseas will receive an appointment letter from the Kentucky Consular Center four to six weeks before the scheduled appointment. 23. When will EDV Entry Form online be available? Online entry will become available at 12 noon e.s.t. (GMT¥5) on October 5, 2005 and will end at 12 noon e.s.t. (GMT¥5) on December 4, 2005. 24. Will I be able to download and save the EDV Entry Form to a Microsoft Word Program (or other suitable program) and then fill it out? VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 No, you will not be able to save the form into another program for completion and submission later. The EDV Entry Form is a Web form only. This makes it more ‘‘universal’’ than a proprietary word processor format. Additionally, it does require that the information be filled in and submitted while on-line. 25. If I don’t have access to a scanner, can I send photos to my relative in the U.S. to scan the photos, save the photos to a diskette, and then mail the diskette back to me to apply? Yes, this can be done as long as the photo meets the photo requirements in the instructions, and the photo is electronically submitted with, and at the same time the EDV Entry Form online entry is submitted. The applicant must already have the scanned photo file when they submit the entry on-line. The photo cannot be submitted separate from the online application. Only one on-line entry by or for each person can be submitted. Multiple submissions will disqualify the entry for that person for DV–2007. The entire entry (photo and application together) can be submitted electronically from the United States. 26. Can I save the form on-line so that I can fill out part and then come back later and complete the remainder? No, this cannot be done. The EDV 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 EDV Entry Form system is designed to handle up to sixty (60) minutes between downloading of the form and when the entry is received at the EDV Entry Form website after being submitted online. If more than sixty minutes elapses, and the entry has not been electronically received, the information received so far is discarded. This is done so that there is no possibility that a full entry could accidentally be interpreted as a duplicate of a previous partial entry. For example, suppose an applicant with a wife and child sends a filled in EDV Entry Form Part One and then receives Form Part Two, but there is a delay before sending Part Two because of trouble finding the file that holds the child’s photograph. If the filled in Form Part Two is sent by the applicant and received by the Electronic Diversity Visa website within sixty (60) minutes then there is no problem, but if the Form Part Two is received after sixty (60) minutes has elapsed then the applicant will be informed that they need to start over for the entire entry. The DV–2007 instructions explain clearly and completely what information needs to be gathered to fill in the form. This way PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 you can be fully prepared, making sure you have all of the information needed, before you start to complete the form online. 27. If the submitted digital images do not conform to the specifications, the procedures state that the system will automatically reject the EDV Entry Form and notify the sender. Does this mean I will be able to re-submit my entry? Yes, the entry can be resubmitted. Since the entry was automatically rejected it was not actually considered as submitted to the Electronic Diversity Visa Web site. It does not count as a submitted Electronic Diversity Visa 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 Electronic Diversity Visa Web site. However, the amount of time it takes the rejection message to reach the sender is unpredictable due to the nature of the Internet. If the problems can be fixed by the applicant, and the Form Part One or Two re-sent within sixty (60) minutes then there is no problem. Otherwise the submission process will have to be started over. An applicant can try to submit an application as many times as is necessary until a complete application is sent and the confirmation notice is received. 28. Will the electronic confirmation notice that the completed EDV Entry Form has been received through the online system be sent immediately after submission? The response from the Electronic Diversity Visa Web site which contains confirmation of the receipt of an acceptable EDV Entry Form is sent by the Electronic Diversity Visa Web site immediately, but how long it takes the response to reach the sender is unpredictable due to the nature of the Internet. If many minutes have elapsed since pressing the ‘‘Submit’’ button there is no harm in pressing the ‘‘Submit’’ button a second time. The Electronic Diversity Visa 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 sent and the confirmation notice is received. List of Countries by Region Whose Natives Qualify The lists below show the countries whose natives are qualified within each geographic region for this Diversity Program. The determination of countries within each region is based on E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices information provided by the Geographer of the Department of State. The countries whose natives do not qualify for the DV–2007 program were identified by the U.S. Citizenship and Immigration Services (USCIS) according to the formula in Section 203(c) of the Immigration and Nationality Act. Dependent areas overseas are included within the region of the governing country. The countries whose natives do not qualify for this Diversity Program (because they are the principal source countries of Family-Sponsored and Employment-Based immigration, or ‘‘high admission’’ countries) are noted after the respective regional lists. Africa Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Congo, Democratic Republic of the, Cote D’Ivoire (Ivory Coast), Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, The, Ghana, Guinea, GuineaBissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe. Asia Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, East Timor, Hong Kong Special Administrative Region, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, Nepal, North Korea, Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Taiwan, Thailand, United Arab Emirates, Yemen. Natives of the following Asian countries do not qualify for this year’s Diversity Program: China [mainlandborn], India, Pakistan, South Korea, Philippines, and Vietnam. The Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below. Europe Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark (including components and dependent areas overseas), Estonia, Finland, France (including components and dependent areas overseas), Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau Special Administrative Region, VerDate Aug<31>2005 16:03 Oct 04, 2005 Jkt 208001 Macedonia, the Former Yugoslav Republic, Malta, Moldova, Monaco, Netherlands (including components and dependent areas overseas), Northern Ireland, Norway, Portugal (including components and dependent areas overseas), Romania, San Marino, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City. Natives of the following European countries do not qualify for this year’s Diversity Program: Great Britain, Poland and Russia. Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos Islands. Note that for purposes of the Diversity Program only, Northern Ireland is treated separately; Northern Ireland does qualify and is listed among the qualifying areas. North America The Bahamas. In North America, natives of Canada and Mexico do not qualify for this year’s Diversity Program. Oceania Australia (including components Palau 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, Brazil, Chile, Costa Rica, Cuba, Dominica, Ecuador, Grenada, Guatemala, Guyana, Honduras, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela. Countries in this region whose natives do not qualify for this year’s Diversity Program: Colombia, Dominican Republic, El Salvador, Haiti, Jamaica, and Mexico. Dated: September 29, 2005. Maura Harty, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 05–19982 Filed 10–4–05; 8:45 am] BILLING CODE 4710–45–P PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 58255 DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending September 16, 2005 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: OST–2005–22228, OST–2005–22462. Date Filed: September 13, 2005. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: October 4, 2005. Description: Application of Air Wisconsin Airlines Corporation, requesting a certificate of public convenience and necessity from any point in the United States to any point in Canada and related integration authority pursuant to the notice issued by the Department of Transportation on August 26, 2005. Docket Number: OST–2005–22467. Date Filed: September 13, 2005. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: October 4, 2005. Description: Joint application of Empire Airlines, Inc. and Northern Air Cargo, Inc., requesting a disclaimer of jurisdiction, or, in the alternative, approval of the de facto transfer of certain international certificate authority currently held by NAC pursuant to 49 U.S.C. 41105. Docket Number: OST–2005–22506. Date Filed: September 16, 2005. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: October 7, 2005. Description: Application of Republic Airlines Inc. d/b/a Republic Airlines, requesting an exemption and a certificate of public convenience and necessity to provide scheduled foreign air transportation of persons, property E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Pages 58250-58255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19982]


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DEPARTMENT OF STATE

[Public Notice 5199]


Bureau of Consular Affairs; Registration for the Diversity 
Immigrant (DV-2007) Visa Program

ACTION: Notice of Registration for the Diversity Immigrant Visa 
Program.

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

    This public notice provides information on how to apply for the DV 
2007 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) 
which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of 
the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, 
and 1154(a)(1)(G)).

Instructions for the 2007 Diversity Immigrant Visa Program (DV-2007)

    The congressionally mandated Diversity Immigrant Visa Program is 
administered on an annual basis by the Department of State and 
conducted under the terms of Section 203(c) of the Immigration and 
Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. 
L. 101-649) amended INA 203 to provide for a new class of immigrants 
known as ``Diversity Immigrants'' (DV immigrants). The Act makes 
available 50,000 permanent resident visas annually to persons from 
countries with low rates of immigration to the United States.
    The annual DV program makes permanent residence visas available to 
persons meeting the simple, but strict, eligibility requirements. 
Applicants for Diversity Visas are chosen by a computer-generated 
random lottery drawing. The visas, however, are distributed among six 
geographic regions, with a greater number of visas going to regions 
with lower rates of immigration, and with no visas going to citizens of 
countries sending more than 50,000 immigrants to the U.S. in the past 
five years. Within each region, no one country may receive more than 
seven percent of the available Diversity Visas in any one year.
    For DV-2007, natives of the following countries are not eligible to 
apply because the countries sent a total of more than 50,000 immigrants 
to the U.S. in the previous five years (the term ``country'' in this 
notice includes countries, economies and other jurisdictions explicitly 
listed in this notice):
    Canada, China (mainland-born), Colombia, Dominican Republic, El 
Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, 
Russia, South Korea, United Kingdom (except Northern Ireland) and its 
dependent territories, and Vietnam. Persons born in Hong Kong SAR, 
Macau SAR and Taiwan are eligible.

Application Submission Dates

    Entries for the DV-2007 Diversity Visa Lottery must be submitted 
electronically between noon, eastern standard time, (e.s.t.) Wednesday, 
October 5, 2005 and noon, e.s.t. Sunday, December 4, 2005. Applicants 
may access the Electronic Diversity Visa Entry Form (EDV Entry Form) at 
https://www.dvlottery.state.gov during the registration period beginning 
noon, e.s.t. October 5, 2005. Paper entries will not be accepted. 
Applicants are strongly encouraged to not wait until the last week of 
the registration period to enter. Heavy demand may result in delays. No 
entries will be accepted after noon, e.s.t., on December 4, 2005.

Requirements for Entry

    Applicant must be a native of one of the countries listed. See 
``List of Countries by Region Whose Natives Qualify.''
    In most cases this means the country in which the applicant was 
born. However, there are two other ways a person may be able to 
qualify. First, if a person was born in a country whose natives are 
ineligible but his/her spouse was born in a country whose natives are 
eligible, such person can claim the spouse's country of birth provided 
both the applicant and spouse are issued visas and enter the U.S. 
simultaneously. Second, if a person was born in a country whose natives 
are ineligible, but neither of his/her parents was born there or 
resided there at the time of his/her birth, such person may claim 
nativity in one of the parents' country of birth if it is a country 
whose natives qualify for the DV-2007 program.
    Applicants must meet either the education or training requirement 
of the DV program.
    An applicant 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.
    If the applicant cannot meet these requirements, he/she should not 
submit an entry to the DV program.

Procedures for Submitting an Entry to DV-2007

    The Department of State will only accept completed EDV Entry Forms 
submitted electronically at https://www.dvlottery.state.gov during the 
registration period beginning at 12 p.m. e.s.t. (GMT-5) on October 5, 
2005 and ending at 12 p.m. e.s.t. (GMT-5) on December 4, 2005.
    All entries by an applicant will be disqualified if more than one 
entry for the applicant is received, regardless of who submitted the 
entry. Applicants may prepare and submit their own entries or have 
someone submit the entry for them.
    Successfully registered entries will result in a display of a 
confirmation screen containing the applicant's name, date of birth, 
country of chargeability, and a date/time stamp. The applicant may 
print this confirmation screen for his/her records using the print 
function of the Web browser.
    Paper entries will not be accepted.

[[Page 58251]]

    The entry will be disqualified if all required photos are not 
submitted. Recent photographs of the applicant and his/her spouse and 
each child under 21 years of age, including all natural children as 
well as all legally-adopted and stepchildren (except a child who is 
already a U.S. citizen or a Legal Permanent Resident), even if a spouse 
or child no longer resides with the applicant or is not planning to 
immigrate under the DV program, must be submitted electronically with 
the EDV Entry Form. Group or family photos will not be accepted; there 
must be a separate photo for each family member.
    A digital photo (image) of each applicant, his/her spouse, and 
children must be submitted on-line with the EDV Entry Form. The image 
file can be produced either by taking a new digital photograph or by 
scanning a photographic print with a digital scanner.
    Entries are subject to disqualification if the photographs are not 
recent, have been manipulated, or fail to meet the specifications 
explained below.

Instructions for Submitting a Digital Photo (Image)

    The image file must adhere to the following compositional 
specifications and technical specifications and can be produced in one 
of the following ways: Taking a new digital image or using a digital 
scanner to scan a submitted photograph.

Compositional Specifications

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

Technical Specifications

    The submitted digital photograph must conform to the following 
technical specifications or the system will automatically reject the 
EDV Entry Form and notify the sender.
    When taking a new digital image: The image file format must be in 
the Joint Photographic Experts Group (JPEG) format; it must have a 
maximum image file size of sixty-two thousand five hundred (62,500) 
bytes; the image resolution must be 320 pixels high by 240 pixels wide; 
the image color depth 24-bit color or 8-bit grayscale. [Note: 
Monochrome images (2-bit color depth) will not be accepted.]
    Before a photographic print is scanned it must meet the following 
specifications: The print size must be 2 inches by 2 inches (50mm x 
50mm) square; the print color image must be either in color or 
grayscale.
    The photographic print must also meet the compositional 
specifications. If the photographic print meets the print size, print 
color and compositional specifications, scan the print using the 
following scanner specifications: Scanner resolution must be 150 dots 
per inch (dpi); the image file in Joint Photographic Experts Group 
(JPEG) format; maximum image file size will be sixty-two thousand five 
hundred (62,500) bytes; the image resolution at 300 by 300 pixels; the 
image color depth 24-bit color or 8-bit grayscale. [Note: Monochrome 
images (2-bit color depth) will not be accepted.]

Information Required for the Electronic Entry

    There is only one way to enter the DV-2007 lottery. Applicants must 
submit an EDV Entry Form, which is accessible only at https://
www.dvlottery.state.gov. Failure to complete the form in its entirety, 
and with correct information, will disqualify the applicant's entry. 
Applicants will be asked to submit the following information on the EDV 
Entry Form.
    1. FULL NAME--Last/Family Name, First Name, Middle name.
    2. DATE OF BIRTH--Day, Month, Year.
    3. GENDER--Male or Female.
    4. CITY/TOWN OF BIRTH.
    5. COUNTRY OF BIRTH--The name of the country should be that which 
is currently in use for the place where the applicant was born.
    6. APPLICANT PHOTOGRAPH--(See information in this notice on photo 
specifications).
    7. MAILING ADDRESS--Address, City/Town, District/Country/Province/
State, Postal Code/Zip Code, Country.
    8. PHONE NUMBER (optional).
    9. E-MAIL ADDRESS (optional).
    10. COUNTRY OF ELIGIBILITY IF THE APPLICANT'S NATIVE COUNTRY IS 
DIFFERENT FROM COUNTRY OF BIRTH--If the applicant is claiming nativity 
in a country other than his/her place of birth, this information must 
be indicated on the entry.
    11. MARRIAGE STATUS--Unmarried, Married, Divorced, Widowed, 
LegallySeparated.
    12. NUMBER OF CHILDREN THAT ARE UNMARRIED AND UNDER 21 YEARS OF 
AGE--Except children that are either U.S. legal permanent residents or 
American citizens.
    13. SPOUSE INFORMATION--Name, Date of Birth, Gender, City/Town of 
Birth, Country of Birth, Photograph.
    14. CHILDREN INFORMATION--Name, Date of Birth, Gender, City/Town of 
Birth, Country of Birth, Photograph.

    Note: Entries must include the name, date and place of birth of 
the applicant's spouse and all natural children, as well as all 
legally-adopted and stepchildren, who are unmarried and under the 
age of 21 at the time of entry (except children who are already U.S. 
citizens or Legal Permanent Residents), even if they 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 
will not qualify for the Diversity Visa. Failure to list all 
children will result in your disqualification for the visa. (See 
question 11 on the list of Frequently Asked Questions.)

Selection of Applicants

    Applicants will be selected at random by computer from among all 
qualified entries. Those selected will be notified by mail between May 
and July 2006 and will be provided further instructions, including 
information on fees connected with immigration to the U.S. Persons not 
selected will not receive any notification. U.S. embassies and 
consulates will not be able to provide a list of successful applicants. 
Spouses and unmarried children under age 21 of successful applicants 
may also apply for visas to accompany or follow to join the principal 
applicant. DV-2007 visas will be issued between October 1, 2006 and 
September 30, 2007.
    In order to actually receive a visa, applicants selected in the 
random drawing must meet all eligibility requirements under U.S. law. 
Processing of entries and issuance of Diversity Visas to successful 
applicants and their eligible family members must occur by midnight on 
September 30, 2007. Under no circumstances can Diversity Visas be 
issued or adjustments approved after this date, nor can family members

[[Page 58252]]

obtain Diversity Visas to follow to join the applicant in the U.S. 
after this date.

Important Notice

    No fee is charged to enter the annual DV program. The U.S. 
Government employs no outside consultants or private services to 
operate the DV program. Any intermediaries or others who offer 
assistance to prepare DV casework for applicants 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 
applicant's discretion.
    A qualified entry submitted electronically and directly by an 
applicant has an equal chance of being selected by the State Department 
computer, as does an entry submitted electronically through a paid 
intermediary who completes the entry for the applicant. Every entry 
received during the lottery registration period will have an equal 
random chance of being selected within its region. However, receipt of 
more than one entry per person will disqualify the person from 
registration, regardless of the source of the entry.

Frequently Asked Questions About DV Registration

    1. What does the term ``native'' mean? Are there any situations in 
which persons who were not born in a qualifying country may apply?
    ``Native'' ordinarily means someone born in a particular country, 
regardless of the individual's current country of residence or 
nationality. But 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 a principal applicant was born in a country that is 
not eligible for this year's DV program, he or she may claim 
``chargeability'' to the country where his or her derivative spouse was 
born, but he or she will not be issued a DV-1 unless the spouse is also 
eligible for and issued a DV-2, and both must enter the U.S. together 
on the DVs. In a similar manner, a minor dependent child can be 
``charged'' to a parent's country of birth.
    Finally, any applicant born in a country ineligible for this year's 
DV program can be ``charged'' to the country of birth of either parent 
as long as neither parent was a resident of the ineligible country at 
the time of the applicant's 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 temporarily 
or stationed in the country for business or professional reasons on 
behalf of a company or government.
    An applicant who claims alternate chargeability must indicate such 
information on the application for registration. Please be aware that 
listing an incorrect country of eligibility (i.e. one to which the 
entrant cannot establish a valid claim) may disqualify the entry.
    2. Are there any changes or new requirements in the application 
procedures for thisDiversity Visa registration?
    All DV-2007 lottery entries must be submitted electronically at 
https://www.dvlottery.state.gov between 12 noon e.s.t. Wednesday, 
October 5, 2005 and 12 noon e.s.t. Sunday, December 4, 2005. No paper 
entries will be accepted.
    The Department of State implemented an electronic registration 
system for the lottery in order to make the Diversity Visa process more 
efficient and secure. The Department utilizes special technology and 
other means to identify applicants who commit fraud for the purposes of 
illegal immigration or who submit multiple entries.
    The DV-2007 Diversity Immigrant Visa Program registration period 
will run from noon Eastern Standard Time October 5, 2005 through noon 
Eastern Standard Time December 4, 2005.
    3. Are photographs required for each family member, or only for the 
principal applicant?
    Recent and individual photos of the applicant, his or her spouse 
and all children under 21 years of age are required. Family or group 
photos are not accepted. Check the information on the photo 
requirements included in this notice.
    4. Why do natives of certain countries not qualify for the 
Diversity Program?
    Diversity Visas are intended to provide an immigration opportunity 
for persons from countries other than the countries that send large 
numbers of immigrants to the U.S. The law states that no Diversity 
Visas shall be provided for natives of ``high admission'' countries. 
The law defines this to mean countries from which a total of 50,000 
persons in the Family-Sponsored and Employment-Based visa categories 
immigrated to the United States during the previous five years. Each 
year, the U.S. Citizenship and Immigration Services (USCIS) adds the 
family and employment immigrant admission figures for the previous five 
years in order to identify the countries whose natives must be excluded 
from the annual Diversity Lottery. Because there is a separate 
determination made before each annual DV entry period, the list of 
countries whose natives do not qualify may change from one year to the 
next.
    5. What is the numerical limit for DV-2007?
    By law, the U.S. Diversity Immigration Program makes available a 
maximum of 55,000 permanent residence visas each year to eligible 
persons. However, the Nicaraguan Adjustment and Central American Relief 
Act (NACARA) passed by Congress in November 1997 stipulates that 
beginning as early as DV-99, and for as long as necessary, 5,000 of the 
55,000 annually-allocated Diversity Visas will be made available for 
use under the NACARA program. The actual reduction of the limit to 
50,000 began with DV-2000 and remains in effect for the DV-2007 
program.
    6. What are the Regional Diversity Visa (DV) limits for DV-2007?
    The U.S. Citizenship and Immigration Services (USCIS) determines 
the DV regional limits for each year according to a formula specified 
in Section 203(c) of the Immigration and Nationality Act (INA). Once 
the USCIS has completed the calculations, the regional visa limits will 
be announced.
    7. When will entries for the DV-2007 program be accepted?
    The DV-2007 entry period will begin on noon EST Wednesday, October 
5, 2005 and will last through noon EST Sunday, December 4, 2005. Each 
year millions apply for the program during the registration period. The 
massive volume of entries creates an enormous amount of work in 
selecting and processing successful applicants. Holding the entry 
period during October through December will ensure successful 
applicants are notified in a timely manner, and will give both them and 
our embassies and consulates time to prepare and complete entries for 
visa issuance. Applicants are strongly encouraged to enter early in the 
registration period. Excessive demand at the end of the registration 
period may slow the system down. No entries whatsoever will be accepted 
after noon e.s.t. Sunday, December 4, 2005.
    8. May persons who are in the U.S. apply for the program?
    Yes, an applicant may be in the U.S. or in another country, and the 
entry may be submitted from the U.S. or from abroad.
    9. Is each applicant limited to only one entry during the annual DV 
registration period?
    Yes, the law allows only one entry by or for each person during 
each registration period; applicants for whom more than one entry is 
submitted will be

[[Page 58253]]

disqualified. The Department of State employs sophisticated technology 
and other means to identify individuals that submit multiple entries 
during the registration period. Applicants submitting more than one 
entry will be disqualified and an electronic record will be permanently 
maintained by the Department of State. Applicants may apply for the 
program each year during the regular registration period.
    10. May a husband and a wife each submit a separate entry?
    Yes, a husband and a wife may each submit one entry, if each meets 
the eligibility requirements. If either were selected, the other would 
be entitled to derivative status.
    11. What family members must I include on my DV entry?
    On your entry you must list your spouse, that is, husband or wife, 
and all unmarried children under 21 years of age at the time the entry 
is submitted, with the exception of children who are already a U.S. 
citizens or a Legal Permanent Residents. You must list your spouse even 
if you are currently separated from him or her, unless you are legally 
separated (i.e. there is a written agreement recognized by a court or a 
court order). If you are legally separated or divorced, you do not need 
to list your former spouse. You must list ALL your children who are 
unmarried and under the age of 21 years, whether they are your natural 
children, your spouse's children, or children you have formally adopted 
in accordance with the laws of your country, unless such a child is 
already a U.S. citizen or Legal Permanent Resident. List all children 
under 21 years of age even if they no longer reside with you or you do 
not intend for them to immigrate under the DV program. The fact that 
you have listed family members on your entry does not mean that they 
later must travel with you. They may choose to remain behind. However, 
if you include an eligible dependent on your visa application forms 
that you failed to include on your original entry, your case will be 
disqualified. (This only applies to persons who were dependents at the 
time the original application was submitted, not those acquired at a 
later date.) Your spouse may still submit a separate entry, even though 
he or she is listed on your entry, as long as both entries include 
details on all dependents in your family. (See question 10 above.)
    12. Must each applicant submit his or her own entry, or may someone 
act on behalf of an applicant?
    Applicants may prepare and submit their own entries or have someone 
submit the entry for them. Regardless of whether an entry is submitted 
by the applicant directly or assistance is provided by an attorney, 
friend, relative, etc., only one entry may be submitted in the name of 
each person. If the entry is selected, the notification letter will be 
sent only to the mailing address provided on the entry.
    13. What are the requirements for education or work experience?
    The law and regulations require that every applicant must have at 
least a high school education or its equivalent or, within the past 
five years, have two years of work experience in an occupation 
requiring at least two years training or experience. A ``high school 
education or equivalent'' is defined as successful completion of a 
twelve-year course of elementary and secondary education in the United 
States or successful completion in another country of a formal course 
of elementary and secondary education comparable to a high school 
education in the United States. Documentary proof of education or work 
experience should not be submitted with the lottery entry, but must be 
presented to the consular officer at the time of the visa interview. To 
determine eligibility based on work experience, definitions from the 
Department of Labor's O*Net OnLine database will be used.
    14. How will successful entrants be selected?
    All entries received from each region will be individually numbered 
by computer. After the end of the registration period, a computer will 
randomly select entries from among all the entries received for each 
geographic region. Within each region, the first entry randomly 
selected will be the first case registered, the second entry selected 
the second registration, etc. All entries received during the 
registration period will have an equal chance of being selected within 
each region. When an entry has been selected, the applicant will be 
sent a notification letter by the Kentucky Consular Center, which will 
provide visa application instructions. The Kentucky Consular Center 
will continue to process the case until those who are selected are 
instructed to appear for visa interviews at a U.S. consular office, or 
until those able to do so apply at a USCIS office in the United States 
for change of status.
    15. May winning applicants adjust their status with USCIS?
    Yes, provided they are otherwise eligible to adjust status under 
the terms of Section 245 of the INA, selected applicants who are 
physically present in the United States may apply to the U.S. 
Citizenship and Immigration Services (USCIS) for adjustment of status 
to permanent resident. Applicants must ensure that USCIS can complete 
action on their cases, including processing of any overseas 
derivatives, before September 30, 2007, since on that date 
registrations for the DV-2007 program expire. No visa numbers for the 
DV-2007 program will be available after midnight on September 30, 2007 
under any circumstances.
    16. Will applicants who are not selected be informed?
    No, applicants who are not selected will receive no response to 
their entry. Only those who are selected will be informed. All winning 
notification letters are sent through regular mail by the Kentucky 
Consular Center within about five to seven months from the end of the 
application period to the address indicated on the entry. Since there 
is no notification provided to those not selected, anyone who does not 
receive a letter about five to seven months from the end of the 
registration period should assume that his or her application has not 
been not been selected.
    17. How many applicants will be selected?
    There are 50,000 DV visas available for DV-2007, but more than that 
number of individuals will be selected. Because it is likely that some 
of the first 50,000 persons who are selected will not qualify for visas 
or pursue their cases to visa issuance, more than 50,000 entries will 
be selected by the State Department to ensure that all of the available 
DV visas are issued. However, this also means that there will not be a 
sufficient number of visas for all those who are initially selected. 
All applicants who are selected will be informed promptly of their 
place on the list. Interviews with those selected will begin in early 
October 2006. The Kentucky Consular Center will send appointment 
letters to selected applicants four to six weeks before the scheduled 
interviews with U.S. consular officers at overseas posts. Each month 
visas will be issued, visa number availability permitting, to those 
applicants who are ready for issuance during that month. Once all of 
the 50,000 DV visas have been issued, the program for the year will 
end. In principle, visa numbers could be finished before September 
2007. Selected applicants who wish to receive visas must be prepared to 
act promptly on their cases. Random selection by the State Department 
computer does not automatically guarantee that you will receive a visa.
    18. Is there a minimum age for applicants to apply for the DV 
Program?
    There is no minimum age to apply for the program, but the 
requirement of a high school education or work

[[Page 58254]]

experience for each principal applicant at the time of application will 
effectively disqualify most persons who are under age 18.
    19. Are there any fees for the DV Program?
    There is no fee for submitting an entry. A special DV case 
processing fee will be payable later by persons whose entries are 
actually selected and processed at a U.S. consular section for this 
year's program. DV applicants, like other immigrant visa applicants, 
must also pay the regular visa fees at the time of visa application.
    Details of required fees will be included with the instructions 
sent by the Kentucky Consular Center to applicants who are selected.
    20. Are DV applicants specially entitled to apply for a waiver of 
any of the grounds of visa ineligibility?
    No. Applicants are subject to all grounds of ineligibility for 
immigrant visas specified in the Immigration and Nationality Act. There 
are no special provisions for the waiver of any ground of visa 
ineligibility other than those ordinarily provided in the Act.
    21. May persons who are already registered for an immigrant visa in 
another category apply for the DV Program?
    Yes, such persons may apply for the DV program.
    22. How long do applicants who are selected remain entitled to 
apply for visas in the DV Category?
    Persons selected in the DV-2007 lottery are entitled to apply for 
visa issuance only during fiscal year 2007, i.e., from October 2006 
through September 2007. Applicants must obtain the DV visa or adjust 
status by the end of the Fiscal Year (September 30, 2007). There is no 
carry-over of DV benefits into the next year for persons who are 
selected but who do not obtain visas during FY-2007. Also, spouses and 
children who derive status from a DV-2007 registration can only obtain 
visas in the DV category between October 2006 and September 2007. 
Applicants who apply overseas will receive an appointment letter from 
the Kentucky Consular Center four to six weeks before the scheduled 
appointment.
    23. When will EDV Entry Form online be available?
    Online entry will become available at 12 noon e.s.t. (GMT-5) on 
October 5, 2005 and will end at 12 noon e.s.t. (GMT-5) on December 4, 
2005.
    24. Will I be able to download and save the EDV 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 EDV Entry Form is a Web form only. 
This makes it more ``universal'' than a proprietary word processor 
format. Additionally, it does require that the information be filled in 
and submitted while on-line.
    25. If I don't have access to a scanner, can I send photos to my 
relative in the U.S. to scan the photos, save the photos to a diskette, 
and then mail the diskette back to me to apply?
    Yes, this can be done as long as the photo meets the photo 
requirements in the instructions, and the photo is electronically 
submitted with, and at the same time the EDV Entry Form online entry is 
submitted. The applicant must already have the scanned photo file when 
they submit the entry on-line. The photo cannot be submitted separate 
from the online application. Only one on-line entry by or for each 
person can be submitted. Multiple submissions will disqualify the entry 
for that person for DV-2007. The entire entry (photo and application 
together) can be submitted electronically from the United States.
    26. Can I save the form on-line so that I can fill out part and 
then come back later and complete the remainder?
    No, this cannot be done. The EDV 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 EDV Entry Form system is designed to handle up to sixty (60) 
minutes between downloading of the form and when the entry is received 
at the EDV Entry Form website after being submitted online. If more 
than sixty minutes elapses, and the entry has not been electronically 
received, the information received so far is discarded. This is done so 
that there is no possibility that a full entry could accidentally be 
interpreted as a duplicate of a previous partial entry. For example, 
suppose an applicant with a wife and child sends a filled in EDV Entry 
Form Part One and then receives Form Part Two, but there is a delay 
before sending Part Two because of trouble finding the file that holds 
the child's photograph. If the filled in Form Part Two is sent by the 
applicant and received by the Electronic Diversity Visa website within 
sixty (60) minutes then there is no problem, but if the Form Part Two 
is received after sixty (60) minutes has elapsed then the applicant 
will be informed that they need to start over for the entire entry. The 
DV-2007 instructions explain clearly and completely what information 
needs to be gathered to fill in the form. This way you can be fully 
prepared, making sure you have all of the information needed, before 
you start to complete the form online.
    27. If the submitted digital images do not conform to the 
specifications, the procedures state that the system will automatically 
reject the EDV Entry Form and notify the sender. Does this mean I will 
be able to re-submit my entry?
    Yes, the entry can be resubmitted. Since the entry was 
automatically rejected it was not actually considered as submitted to 
the Electronic Diversity Visa Web site. It does not count as a 
submitted Electronic Diversity Visa 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 Electronic Diversity Visa Web site. 
However, the amount of time it takes the rejection message to reach the 
sender is unpredictable due to the nature of the Internet. If the 
problems can be fixed by the applicant, and the Form Part One or Two 
re-sent within sixty (60) minutes then there is no problem. Otherwise 
the submission process will have to be started over. An applicant can 
try to submit an application as many times as is necessary until a 
complete application is sent and the confirmation notice is received.
    28. Will the electronic confirmation notice that the completed EDV 
Entry Form has been received through the online system be sent 
immediately after submission?
    The response from the Electronic Diversity Visa Web site which 
contains confirmation of the receipt of an acceptable EDV Entry Form is 
sent by the Electronic Diversity Visa Web site immediately, but how 
long it takes the response to reach the sender is unpredictable due to 
the nature of the Internet. If many minutes have elapsed since pressing 
the ``Submit'' button there is no harm in pressing the ``Submit'' 
button a second time. The Electronic Diversity Visa 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 sent and the confirmation notice is received.

List of Countries by Region Whose Natives Qualify

    The lists below show the countries whose natives are qualified 
within each geographic region for this Diversity Program. The 
determination of countries within each region is based on

[[Page 58255]]

information provided by the Geographer of the Department of State. The 
countries whose natives do not qualify for the DV-2007 program were 
identified by the U.S. Citizenship and Immigration Services (USCIS) 
according to the formula in Section 203(c) of the Immigration and 
Nationality Act. Dependent areas overseas are included within the 
region of the governing country. The countries whose natives do not 
qualify for this Diversity Program (because they are the principal 
source countries of Family-Sponsored and Employment-Based immigration, 
or ``high admission'' countries) are noted after the respective 
regional lists.

Africa

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

Asia

    Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, 
East Timor, Hong Kong Special Administrative Region, Indonesia, Iran, 
Iraq, Israel, Japan, Jordan, Kuwait, Laos, Lebanon, Malaysia, Maldives, 
Mongolia, Nepal, North Korea, Oman, Qatar, Saudi Arabia, Singapore, Sri 
Lanka, Syria, Taiwan, Thailand, United Arab Emirates, Yemen.
    Natives of the following Asian countries do not qualify for this 
year's Diversity Program: China [mainland-born], India, Pakistan, South 
Korea, Philippines, and Vietnam. The Hong Kong S.A.R and Taiwan do 
qualify and are listed above. Macau S.A.R. also qualifies and is listed 
below.

Europe

    Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, 
Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, 
Denmark (including components and dependent areas overseas), Estonia, 
Finland, France (including components and dependent areas overseas), 
Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, 
Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau Special 
Administrative Region, Macedonia, the Former Yugoslav Republic, Malta, 
Moldova, Monaco, Netherlands (including components and dependent areas 
overseas), Northern Ireland, Norway, Portugal (including components and 
dependent areas overseas), Romania, San Marino, Serbia and Montenegro, 
Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, 
Turkmenistan, Ukraine, Uzbekistan, Vatican City.
    Natives of the following European countries do not qualify for this 
year's Diversity Program: Great Britain, Poland and Russia. Great 
Britain (United Kingdom) includes the following dependent areas: 
Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland 
Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos 
Islands. Note that for purposes of the Diversity Program only, Northern 
Ireland is treated separately; Northern Ireland does qualify and is 
listed among the qualifying areas.

North America

    The Bahamas.
    In North America, natives of Canada and Mexico do not qualify for 
this year's Diversity Program.

Oceania

    Australia (including components Palau 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, Brazil, 
Chile, Costa Rica, Cuba, Dominica, Ecuador, Grenada, Guatemala, Guyana, 
Honduras, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, 
Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and 
Tobago, Uruguay, Venezuela.
    Countries in this region whose natives do not qualify for this 
year's Diversity Program: Colombia, Dominican Republic, El Salvador, 
Haiti, Jamaica, and Mexico.

    Dated: September 29, 2005.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 05-19982 Filed 10-4-05; 8:45 am]
BILLING CODE 4710-45-P
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