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]
=======================================================================
-----------------------------------------------------------------------
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