Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2009) Visa Program, 57089-57096 [E7-19730]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Pages 57089-57096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19730]


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DEPARTMENT OF STATE

[Public Notice 5952]


Bureau of Consular Affairs; Registration for the Diversity 
Immigrant (DV-2009) Visa Program

    Action: Notice of registration for the Diversity Immigrant Visa 
Program.
    This public notice provides information on how to apply for the DV-
2009 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) 
which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(I) of 
the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, 
and 1154(a)(1)(I)).

Instructions for the 2009 Diversity Immigrant Visa Program (DV-2009)

    The congressionally mandated Diversity Immigrant Visa Program is 
administered on an annual basis by the Department of State and 
conducted under the terms of Section 203(c) of the Immigration and 
Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. 
L. 101-649) that amended INA 203 provides for a class of immigrants 
known as ``diversity immigrants.'' Section 203(c) of the INA provides a 
maximum of up to 55,000 Diversity Visas (DV) each fiscal year to be 
made available to persons from countries with low rates of immigration 
to the United States.
    The annual DV program makes permanent residence visas available to 
persons meeting the simple, but strict, eligibility requirements. A 
computer-generated random lottery drawing chooses selectees for 
diversity visas. The visas are distributed among six geographic regions 
with a greater number of visas going to regions with lower rates of 
immigration, and with no visas going to nationals of countries sending 
more than 50,000 immigrants to the U.S. over the period of the past 
five years. Within each region, no one country may receive more than 
seven percent of the available Diversity Visas in any one year.
    For DV-2009, natives of the following countries are not eligible to 
apply because the countries sent a total of more than 50,000 immigrants 
to the U.S. in the previous five years (the term ``country'' in this 
notice includes countries, economies and other jurisdictions explicitly 
listed in this notice):

Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, 
Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, 
Pakistan, Peru, Philippines, Poland, Russia, South Korea, United 
Kingdom (except Northern Ireland) and its dependent territories, and 
Vietnam.

    Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.
    The Department of State implemented the electronic registration 
system beginning with DV-2005 in order to make the Diversity Visa 
process more efficient and secure. The Department utilizes special 
technology and other means to identify those who commit fraud for the 
purposes of illegal immigration or who submit multiple entries.

Diversity Visa Registration Period

    Entries for the DV-2009 Diversity Visa Lottery must be submitted 
electronically between noon, Eastern Daylight Time (EDT) (GMT-4), 
Wednesday, October 3, 2007 and noon, Eastern Standard Time (EST) (GMT-
5) Sunday, December 2, 2007. Applicants may access the Electronic 
Diversity Visa Entry Form (E-DV) at https://www.dvlottery.state.gov 
during the registration period. Paper entries will not be accepted. 
Applicants are strongly encouraged not to wait until the last week of 
the registration period to enter. Heavy demand may result in website 
delays. No entries will be accepted after noon, EST, on December 2, 
2007.

Requirements for Entry

    To enter the DV lottery, you must be a native of one of the listed 
countries. See ``List of Countries by Region Whose Natives Qualify.'' 
In most cases this means the country in which you were born. However, 
there are two other ways you may be able to qualify. First, if you were 
born in a country whose natives are ineligible but your spouse was born 
in a country whose natives are eligible, you can claim your spouse's 
country of birth provided both you and your spouse are on the selected 
entry, are issued visas and enter the U.S. simultaneously. Second, if 
you were born in a country whose natives are ineligible, but neither of 
your parents was born there or resided there at the time of your birth, 
you may claim nativity in one of your parents' country of birth if it 
is a country whose natives qualify for the DV-2009 program.
    To enter the lottery, you must meet either the education or work 
experience requirement of the DV program. You must have either a high 
school education or its equivalent, defined as successful completion of 
a 12-year course of elementary and secondary education; OR two years of 
work experience within the past five years in an occupation requiring 
at least two years of training or experience to perform. The U.S. 
Department of Labor's O*Net OnLine database will be used to determine 
qualifying work experience. For more information about qualifying work 
experience, see Frequently Asked Question 13.
    If you cannot meet these requirements, you should NOT submit an 
entry to the DV program.

Procedures for Submitting an Entry to DV-2009

    The Department of State will only accept completed Electronic 
Diversity Visa Entry Forms submitted electronically at https://
www.dvlottery.state.gov during the registration period between noon, 
Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and 
noon, Eastern Standard Time (EST) (GMT-5) Sunday, December 2, 2007.
    All entries by an individual will be disqualified if more than ONE 
entry for that individual is received, regardless of who submitted the 
entry. You may prepare and submit your own entry, or have someone 
submit the entry for you.
    A successfully registered entry will result in the display of a 
confirmation screen containing your name, date of birth, country of 
chargeability, and a date/time stamp. You may print this confirmation 
screen for your records using the print function of your web browser.
    Paper entries will not be accepted.
    Your entry will be disqualified if all required photographs are not 
submitted. Recent photographs of the following people must be submitted 
electronically with the Electronic Diversity Visa Entry Form: You; your 
spouse; each unmarried child under 21 years of age, including all 
natural children as well as all legally-adopted children and

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stepchildren, even if a child no longer resides with you or you do not 
intend for a child to immigrate under the DV program. You do not need 
to submit a photo for a child who is already a U.S. citizen or a Legal 
Permanent Resident.
    Group or family photographs will not be accepted; there must be a 
separate photograph for each family member. Failure to submit the 
required photographs for your spouse and each child will result in an 
incomplete entry to the E-DV system. The entry will not be accepted and 
must be resubmitted. Failure to enter the correct photograph of each 
individual in the case into the E-DV system will result in 
disqualification of the principal applicant and refusal of all visas in 
the case at the time of the visa interview.
    A digital photograph (image) of you, your spouse, and each child 
must be submitted on-line with the E-DV Entry Form. The image file can 
be produced either by taking a new digital photograph or by scanning a 
photographic print with a digital scanner.
    Entries are subject to disqualification and visa refusal for cases 
in which the photographs are not recent or have been manipulated or 
fail to meet the specifications explained below.

Instructions for Submitting a Digital Photograph (Image)

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

Compositional Specifications

    The submitted digital image must conform to the following 
compositional specifications or the entry will be disqualified: The 
person being photographed must directly face the camera; the head of 
the person should not be tilted up, down, or to the side; the head of 
the person should cover about 50% of the area of the photo; the 
photograph should be taken with the person in front of a neutral, 
light-colored background; dark or patterned backgrounds are not 
acceptable; the photo must be in focus; photos in which the person 
being photographed is wearing sunglasses or other items that detract 
from the face will not be accepted; photos of applicants wearing head 
coverings or hats are only acceptable due to religious beliefs, and 
even then, may not obscure any portion of the face of the applicant; 
photographs of applicants with tribal or other headgear not 
specifically religious in nature will not be accepted; photographs of 
military, airline, or other personnel wearing hats will not be 
accepted.
    Colored photographs in 24-bit color depth are preferred to black 
and white or gray scale pictures in 24-bit color depth. Photographs may 
be down loaded from a camera into a file in the computer or they may be 
scanned into a file in the computer. If you are using a scanner, the 
settings must be for True Color or 24-bit color mode. Colored 
photographs or black and white (or gray scale) must be scanned at this 
setting for the requirements of the DV program. For black and white or 
grey scale photographs scanned in 24-bit color mode, only three colors 
or image bands are used, and the results will still be black, white and 
gray. See additional scanning requirements below.

Technical Specifications

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

Information required for the Electronic Entry

    There is only one way to enter the DV-2009 lottery. You must submit 
an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is 
accessible only at https://www.dvlottery.state.gov. Failure to complete 
the form in its entirety will disqualify the entry. Those who submit 
the E-DV entry will be asked to include the following information on 
the E-DV Entry Form.
    1. Full name--Last/family name, first name, middle name.
    2. Date of Birth--day, month, year.
    3. Gender--male or female.
    4. City where you were born.
    5. Country where you were born--The name of the country should be 
that which is currently in use for the place where you were born.
    6. Country of eligibility or chargeability for the DV Program--Your 
country of eligibility will normally be the same as your country of 
birth. Your country of eligibility is not related to where you live. If 
you were born in a country that is not eligible for the DV program, 
please review the instructions to see if there is another option for 
country of chargeability available for you. For additional information 
on chargeability, please review ``Frequently Asked Question 
1'' of these instructions.
    7. Entry photograph(s)--See the technical information on photograph 
specifications. Make sure you include photographs of your spouse and 
all your children, if applicable. See: Frequently Asked Question 
11.
    8. Mailing address--In care of, address line 1, address line 2, 
city/town, district/country/province/state, postal code/zip code, 
country.
    9. Country where you live today.
    10. Phone number (optional).
    11. E-mail address (optional).
    12. What is the highest level of education you have achieved, as of 
today?
    You must indicate which one of the following represents your own 
highest level of educational achievement: (1) Primary school only, (2) 
High school, no degree, (3) High school degree, (4) Vocational school, 
(5) Some university courses, (6) University degree, (7) Some graduate 
level courses, (8) Master degree, (9) Some doctorate level courses, and 
(10) Doctorate degree.
    13. Marital status--Unmarried, Married, Divorced, Widowed, Legally 
Separated
    14. Number of children: Entries must include the name, date and 
place of

[[Page 57091]]

birth of your spouse and all natural children, as well as all legally-
adopted children and stepchildren, who are unmarried and under the age 
of 21 (do not include children who are already U.S. citizens or Legal 
Permanent Residents), even if you are no longer legally married to the 
child's parent, and even if the spouse or child does not currently 
reside with you and/or will not immigrate with you. Note that married 
children and children 21 years or older are not eligible for the 
diversity visa. Failure to list all children, who are eligible, will 
result in disqualification of the principal applicant and refusal of 
all visas in the case at the time of the visa interview. See: 
Frequently Asked Question 11.
    15. Spouse information--Name, date of birth, gender, city/town of 
birth, country of birth, photograph. Failure to list your spouse will 
result in disqualification of the principal applicant and refusal of 
all visas in the case at the time of the visa interview.
    16. Children information--Name, Date of Birth, Gender, City/Town of 
Birth, Country of Birth, and Photograph: Include all children declared 
in question 14 above.

Selection of Applicants

    The computer will select at random individuals from among all 
qualified entries. They will be notified by mail between May and July 
2008 and will be provided further instructions, including information 
on fees connected with immigration to the U.S. Those selected in the 
random drawing are not notified by e-mail. Those individuals not 
selected will not receive any notification. U.S. embassies and 
consulates will not be able to provide a list of successful entrants. 
Spouses and unmarried children under age 21 of successful entrants may 
also apply for visas to accompany or follow to join the principal 
applicant. DV-2009 visas will be issued between October 1, 2008 and 
September 30, 2009.
    Processing of entries and issuance of diversity visas to successful 
individuals and their eligible family members must occur by midnight on 
September 30, 2009. Under no circumstances can diversity visas be 
issued or adjustments approved after this date, nor can family members 
obtain diversity visas to follow to join the principal applicant in 
their case in the U.S. after this date.
    In order to receive a Diversity Visa to immigrate to the United 
States, those chosen in the random drawing must meet all eligibility 
requirements under U.S. law. These requirements may significantly 
increase the level of scrutiny required and time necessary for 
processing of applicants for natives of some countries listed in this 
notice, including, but not limited to, countries identified as state 
sponsors of terrorism.

Important Notice

    No fee is charged for the electronic lottery entry in the annual DV 
program. The U.S. Government employs no outside consultants or private 
services to operate the DV program. Any intermediaries or others who 
offer assistance to prepare DV entries do so without the authority or 
consent of the U.S. Government. Use of any outside intermediary or 
assistance to prepare a DV entry is entirely at the entrant's 
discretion.
    A qualified entry submitted electronically directly by an applicant 
has an equal chance of being selected by the computer at the Kentucky 
Consular Center, as does an entry submitted electronically through a 
paid intermediary who completes the entry for the applicant. Every 
entry received during the lottery registration period will have an 
equal random chance of being selected within its region. However, 
receipt of more than one entry per person will disqualify the person 
from registration, regardless of the source of the entry.

Frequently Asked Questions About E-DV Registration

1. What Do the Terms ``Eligibility'', ``Native'' and ``Chargeability'' 
Mean? Are There Any Situations in Which Persons Who Were Not Born in a 
Qualifying Country May Apply?

    Your country of eligibility will normally be the same as your 
country of birth. Your country of eligibility is not related to where 
you live. ``Native'' ordinarily means someone born in a particular 
country, regardless of the individual's current country of residence or 
nationality. For immigration purposes ``native'' can also mean someone 
who is entitled to be ``charged'' to a country other than the one in 
which he/she was born under the provisions of Section 202(b) of the 
Immigration and Nationality Act. For example, if you were born in a 
country that is not eligible for this year's DV program, you may claim 
chargeability to the country where your derivative spouse was born, but 
you will not be issued a DV-1 unless your spouse is also eligible for 
and issued a DV-2, and both of you must enter the United States 
together with the diversity visas. In a similar manner, a minor 
dependent child can be ``charged'' to a parent's country of birth.
    Finally, if you were born in a country not eligible to participate 
in this year's DV program, you can be ``charged'' to the country of 
birth of either of your parents as long as neither parent was a 
resident of the ineligible country at the time of the your birth. In 
general, people are not considered residents of a country in which they 
were not born or legally naturalized if they are only visiting the 
country, studying in the country temporarily, or stationed in the 
country for business or professional reasons on behalf of a company or 
government. If you claim alternate chargeability, you must indicate 
such information on the E-DV electronic online entry form, question 
6. Please be aware that listing an incorrect country of 
eligibility or chargeability (i.e. one to which you cannot establish a 
valid claim) may disqualify your entry.

2. Are There Any Changes or New Requirements in the Application 
Procedures for This Diversity Visa Registration?

    All DV-2009 lottery entries must be submitted electronically at 
www.dvlottery.state.gov during the registration period. No paper 
entries will be accepted.
    Several questions and options for answers have been added to DV-
2009 to gather additional information, including: ``What is the name of 
the country where you live today? And ``What is the highest level of 
education you have achieved, as of today?'' You must choose one of the 
ten options indicating the highest level of education you have 
achieved: (1) Primary school only, (2) High school, no degree, (3) High 
school degree, (4) Vocational school, (5) Some university courses, (6) 
University degree, (7) Some graduate level courses, (8) Master degree, 
(9) Some doctorate level courses, and (10) Doctorate degree. ``Legally 
Separated'' replaces the term ``Separated'' used in previous DV 
programs as an option under the question ``What is your marital 
status?'' Legal separation means that a court has formally declared 
that you and your spouse are legally separated. Legal separation means 
that your spouse would not be eligible to immigrate as your derivative.

3. Are Signatures and Photographs Required for Each Family Member, or 
Only for the Principal Entrant?

    Signatures are not required on the Electronic Diversity Visa Entry 
Form. Recent and individual photographs of you, your spouse and all 
children under 21 years of age are required. Family or group 
photographs are not accepted.

[[Page 57092]]

Refer to information on the photograph requirements located in this 
notice.

4. Why Do Natives of Certain Countries Not Qualify for the Diversity 
Program?

    Diversity visas are intended to provide an immigration opportunity 
for persons from countries other than the countries that send large 
numbers of immigrants to the U.S. The law states that no diversity 
visas shall be provided for natives of ``high admission'' countries. 
The law defines this to mean countries from which a total of 50,000 
persons in the Family-Sponsored and Employment-Based visa categories 
immigrated to the United States during the period of the previous five 
years. Each year, the USCIS adds the family and employment immigrant 
admission figures for the previous five years in order to identify the 
countries whose natives will be ineligible for the annual diversity 
lottery. Because there is a separate determination made before each 
annual E-DV entry period, the list of countries whose natives are not 
eligible may change from one year to the next.

5. What Is the Numerical Limit for DV-2009?

    By law, the U.S. diversity immigration program makes available a 
maximum of 55,000 permanent residence visas each year to eligible 
persons. However, the Nicaraguan Adjustment and Central American Relief 
Act (NACARA) passed by Congress in November 1997 stipulates that 
beginning as early as DV-1999, and for as long as necessary, up to 
5,000 of the 55,000 annually-allocated diversity visas will be made 
available for use under the NACARA program. The actual reduction of the 
limit by up to 5,000 diversity visas began with DV-2000 and is likely 
to remain in effect through the DV-2009 program.

6. What Are the Regional Diversity Visa (DV) Limits for DV-2009?

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

7. When Will Entries for the DV-2009 Program Be Accepted?

    The DV-2009 entry period will run through the registration period. 
Each year millions of people apply for the program during the 
registration period. The massive volume of entries creates an enormous 
amount of work in selecting and processing successful individuals. 
Holding the entry period during October, November, and December will 
ensure that selectees are notified in a timely manner, and gives both 
the visa applicants and our embassies and consulates time to prepare 
and complete cases for visa issuance. You are strongly encouraged to 
enter early in the registration period. Excessive demand at end of the 
registration period may slow the system down. No entries whatsoever 
will be accepted after noon EST Sunday, December 2, 2007.

8. May Persons Who Are in the U.S. Apply for the Program?

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

9. Is Each Applicant Limited to Only One Entry During the Annual E-DV 
Registration Period?

    Yes, the law allows only one entry by or for each person during 
each registration period. Individuals for whom more than one entry is 
submitted will be disqualified. The Department of State will employ 
sophisticated technology and other means to identify individuals who 
submit multiple entries during the registration period. People 
submitting more than one entry will be disqualified and an electronic 
record will be permanently maintained by the Department of State. 
Individuals may apply for the program each year during the regular 
registration period.

10. May a Husband and a Wife Each Submit a Separate Entry?

    Yes, a husband and a wife may each submit one entry if each meets 
the eligibility requirements. If either were selected, the other would 
be entitled to derivative status.

11. What Family Members Must I Include on My E-DV Entry?

    On your entry you must list your spouse (husband or wife), and all 
unmarried children under 21 years of age, with the exception of 
children who are already U.S. citizens or Legal Permanent Residents. 
You must list your spouse even if you are currently separated from him/
her, unless you are legally separated (i.e. there is a written 
agreement recognized by a court or a court order). If you are legally 
separated or divorced, you do not need to list your former spouse. you 
must list all your children who are unmarried and under 21 years of 
age, whether they are your natural children, your spouse's children, or 
children you have formally adopted in accordance with the laws of your 
country, unless such child is already a U.S. citizen or Legal Permanent 
Resident. List all children under 21 years of age even if they no 
longer reside with you or you do not intend for them to immigrate under 
the DV program.
    The fact that you have listed family members on your entry does not 
mean that they later must travel with you. They may choose to remain 
behind. However, if you include an eligible dependent on your visa 
application forms that you failed to include on your original entry, 
your case will be disqualified. This only applies to those who were 
family members at the time the original application was submitted, not 
those acquired at a later date. Your spouse may still submit a separate 
entry, even though he or she is listed on your entry, as long as both 
entries include details on all dependents in your family. See question 
10 above.

12. Must I Submit My Own Entry, or May Someone Act on My Behalf?

    You may prepare and submit your own entry, or have someone submit 
the entry for you. Regardless of whether an entry is submitted by the 
individual directly, or assistance is provided by an attorney, friend, 
relative, etc., only one entry may be submitted in the name of each 
person and the entrant remains responsible for insuring that 
information in the entry is correct and complete. If the entry is 
selected, the notification letter will be sent only to the mailing 
address provided on the entry.

13. What Are the Requirements for Education or Work Experience?

    The law and regulations require that every entrant must have at 
least a high school education or its equivalent or, within the past 
five years, have two years of work experience in an occupation 
requiring at least two years training or experience. A ``high school 
education or equivalent'' is defined as successful completion of a 
twelve-year course of elementary and secondary education in the United 
States or successful completion in another country of a formal course 
of elementary and secondary education comparable to a high school 
education in the United States. Documentary proof of education or work 
experience must be presented to the consular officer at the time of the 
visa interview. To determine eligibility based on work experience, 
definitions from the Department of Labor's O*Net OnLine Database will 
be used.
    What Occupations qualify for the Diversity Visa Program? The

[[Page 57093]]

Department of Labor (DOL) O*Net Online Database groups job experience 
into five ``job zones.'' While many occupations are listed on the DOL 
Web site, only certain specified occupations qualify for the Diversity 
Visa Program. To qualify for a Diversity Visa on the basis of your work 
experience, you must, within the past five years, have two years of 
experience in an occupation that is designated as Job Zone 4 or 5, 
classified in a Specific Vocational Preparation (SVP) range of 7.0 or 
higher.
    How Do I Find the Qualifying Occupations on the Department of Labor 
Web site? Qualifying DV Occupations are shown on the Department of 
Labor O*Net Online Database. Follow these steps to find out if your 
occupation qualifies: Select ``Find Occupations'' and then select a 
specific ``Job Family.'' For example, select Architecture and 
Engineering and click ``GO.'' Then click on the link for the specific 
Occupation. Following the same example, click Aerospace Engineers. 
After selecting a specific Occupation link, select the tab ``Job Zone'' 
to find out the designated Job Zone number and Specific Vocational 
Preparation (SVP) rating range.

14. How Will Successful Entrants Be Selected?

    At the Kentucky Consular Center, all entries received from each 
region will be individually numbered. After the end of the registration 
period, a computer will randomly select entries from among all the 
entries received for each geographic region. Within each region, the 
first entry randomly selected will be the first case registered, the 
second entry selected the second registration, etc. All entries 
received during the registration period will have an equal chance of 
being selected within each region. When an entry has been selected, the 
entrant will be sent a notification letter by the Kentucky Consular 
Center, which will provide visa application instructions. The Kentucky 
Consular Center will continue to process the case until those selected 
to be visa applicants are instructed to appear for visa interviews at a 
U.S. consular office, or until those qualifying to change status in the 
United States apply at a domestic USCIS office.

    Important Note: Notifications to those selected in the random 
lottery are not sent by e-mail. Should you receive an e-mail 
notification about your E-DV selection, be aware that the message is 
not legitimate.

15. May Selectees Adjust Their Status With USCIS?

    Yes, provided they are otherwise eligible to adjust status under 
the terms of Section 245 of the INA, selected individuals who are 
physically present in the United States may apply to the USCIS for 
adjustment of status to permanent resident. Applicants must ensure that 
USCIS can complete action on their cases, including processing of any 
overseas derivatives, before September 30, 2009, since on that date 
registrations for the DV-2009 program expire. No visa numbers for the 
DV-2009 program will be available after midnight on September 30, 2009 
under any circumstances.

16. Will Entrants Who Are Not Selected Be Informed?

    No, entrants who are not selected will receive no response to their 
entry. Only those who are selected will be informed. All notification 
letters are sent within five to seven months from the end of the 
application period to the address indicated on the entry. Since there 
is no notification provided to those not selected, anyone who does not 
receive a letter five to seven months from the end of the registration 
period should assume that his/her application has not been selected.

17. How Many Individuals Will Be Selected?

    There are 50,000 DV visas available for DV-2009, but more than that 
number of individuals will be selected. Because it is likely that some 
of the first 50,000 persons who are selected will not qualify for visas 
or pursue their cases to visa issuance, more than 50,000 entries will 
be selected by the Kentucky Consular Center to ensure that all of the 
available DV visas are issued. However, this also means that there will 
not be a sufficient number of visas for all those who are initially 
selected. All applicants who are selected will be informed promptly of 
their place on the list. Interviews for the DV-2009 program will begin 
in October 2008. The Kentucky Consular Center will send appointment 
letters to selected applicants four to six weeks before the scheduled 
interviews with U.S. consular officers at overseas posts. Each month 
visas will be issued, visa number availability permitting, to those 
applicants who are ready for issuance during that month. Once all of 
the 50,000 DV visas have been issued, the program for the year will 
end. In principle, visa numbers could be finished before September 
2009. Selected applicants who wish to receive visas must be prepared to 
act promptly on their cases. Random selection by the Kentucky Consular 
Center computer as a selectee does not automatically guarantee that you 
will receive a visa.

18. Is There a Minimum Age for Applicants To Apply for the E-DV 
Program?

    There is no minimum age to apply for the program, but the 
requirement of a high school education or work experience for each 
principal applicant at the time of application will effectively 
disqualify most persons who are under age 18.

19. Are There Any Fees for the E-DV Program?

    There is no fee for submitting an electronic lottery entry. DV 
applicants must pay all required visa fees at the time of visa 
application directly to the consular cashier at the embassy or 
consulate. Details of required diversity visa and immigration visa 
application fees will be included with the instructions sent by the 
Kentucky Consular Center to applicants who are selected.

20. Do DV Applicants Receive Waivers of Any Grounds of Visa 
Ineligibility or Receive Special Processing for a Waiver Application?

    No. Applicants are subject to all grounds of ineligibility for 
immigrant visas specified in the Immigration and Nationality Act. There 
are neither special provisions for the waiver of any ground of visa 
ineligibility other than those ordinarily provided in the Act nor 
special processing for waiver requests.

21. May Persons Who Are Already Registered for an Immigrant Visa in 
Another Category Apply for the DV Program?

    Yes, such persons may apply for the DV program.

22. How Long Do Applicants Who Are Selected Remain Entitled To Apply 
for Visas in the DV Category?

    Persons selected in the DV-2009 lottery are entitled to apply for 
visa issuance only during fiscal year 2009, from October 1, 2008 
through September 30, 2009. Applicants must obtain the DV visa or 
adjust status by the end of the fiscal year. There is no carry-over of 
DV benefits into the next year for persons who are selected but who do 
not obtain visas during FY-2009. Also, spouses and children who derive 
status from a DV-2009 registration can only obtain visas in the DV 
category between October 2008 and September 2009. Applicants who apply

[[Page 57094]]

overseas will receive an appointment letter from the Kentucky Consular 
Center four to six weeks before the scheduled appointment.

23. If an E-DV Selectee Dies, What Happens to the DV Case?

    The death of an individual selected in the lottery results in 
automatic revocation of the DV case. Any eligible spouse and/or 
children are no longer entitled to the DV visa, for that entry.

24. When Will E-DV Online Be Available?

    Online entry will be available during the registration period 
beginning at noon EDT (GMT-4) on October 3, 2007 and ending at noon EST 
(GMT-5) on December 2, 2007.

25. Will I be Able to Download and Save the E-DV Entry Form to a 
Microsoft Word Program (or Other Suitable Program) and Then Fill it 
Out?

    No, you will not be able to save the form into another program for 
completion and submission later. The E-DV Entry Form is a Web form 
only. This makes it more ``universal'' than a proprietary word 
processor format. Additionally, it does require that the information be 
filled in and submitted while on-line.

26. If I Don't Have Access to a Scanner, Can I Send Photographs to My 
Relative in the U.S. To Scan the Photographs, Save the Photographs to a 
Diskette, and then Mail the Diskette Back to Me To Apply?

    Yes, this can be done as long as the photograph meets the 
photograph requirements in the instructions, and the photograph is 
electronically submitted with, and at the same time the E-DV online 
entry is submitted. The applicants must already have the scanned 
photograph file when they submit the entry on-line. The photograph 
cannot be submitted separate from the online application. Only one on-
line entry can be submitted for each person. Multiple submissions will 
disqualify the entry for that person for DV-2009. The entire entry 
(photograph and application together) can be submitted electronically 
from the United States or from overseas.

27. Can I Save the Form On-line so That I Can Fill Out Part and Then 
Come Back Later and Complete the Remainder?

    No, this cannot be done. The E-DV Entry Form is designed to be 
completed and submitted at one time. However, because the form is in 
two parts, and because of possible network interruptions and delays, 
the E-DV system is designed to permit up to sixty (60) minutes between 
the downloading of the form and when the entry is received at the E-DV 
web site after being submitted online. If more than sixty minutes 
elapses and the entry has not been electronically received, the 
information already received is discarded. This is done so that there 
is no possibility that a full entry could accidentally be interpreted 
as a duplicate of a previous partial entry. For example, suppose an 
applicant with a wife and child sends a filled in E-DV Entry Form Part 
One and then receives Form Part Two, but there is a delay before 
sending Part Two because of trouble finding the file that holds the 
child's photograph. If the filled in Form Part Two is sent by the 
applicant and received by the E-DV website within sixty (60) minutes, 
there is no problem. However, if the Form Part Two is received after 
sixty (60) minutes have elapsed, then the applicant will be informed 
that he or she must start the entire entry over from the beginning. The 
DV-2009 instructions explain clearly and completely what information is 
required to fill in the form. This way you can be fully prepared, 
making sure you have all of the information needed, before you start to 
complete the form on-line.

28. If the Submitted Digital Images Do Not Conform to the 
Specifications, the Procedures State That the System Will Automatically 
Reject the E-DV Entry Form and Notify the Sender. Does This Mean I Will 
Be Able to Re-Submit My Entry?

    Yes, the entry can be resubmitted. Since the entry was 
automatically rejected, it was not actually considered as submitted to 
the E-DV Web site. It does not count as a submitted E-DV entry, and no 
confirmation notice of receipt is sent. If there are problems with the 
digital photograph sent, because it does not conform to the 
requirements, it is automatically rejected by the E-DV Web site. 
However, the amount of time it takes the rejection message to reach the 
sender is unpredictable due to the nature of the Internet. If the 
problem can be fixed by the applicant, and the Form Part One or Two is 
re-sent within sixty (60) minutes, there is no problem. Otherwise the 
submission process will have to be started over. An applicant can try 
to submit an application as many times as is necessary until a complete 
application is received and the confirmation notice sent.

29. Will the Electronic Confirmation Notice That the Completed E-DV 
Entry Form Has Been Received Through the Online System Be Sent 
Immediately After Submission?

    The response from the E-DV Web site which contains confirmation of 
the receipt of an acceptable E-DV Entry Form is sent by the E-DV 
website immediately. However, how long it takes the response to reach 
the sender is unpredictable due to the nature of the Internet. If many 
minutes have elapsed since pressing the `Submit' button, there is no 
harm in pressing the `Submit' button a second time. The E-DV system 
will not be confused by a situation where the `Submit' button is hit a 
second time, because no confirmation response has been received. An 
applicant can try to submit an application as many times as is 
necessary until a complete application is received and the confirmation 
notice sent.

30. How Will I Know if the Notification of Selection That I Have 
Received Is Authentic? How Can I Confirm That I Have in Fact Been 
Chosen in the Random DV Lottery?

    After the individuals have been selected at random from among all 
qualified entries through the State Department E-DV lottery computer 
program, they will not be notified by e-mail. Those selected will be 
notified only by letter through the mail between May and July 2008 at 
the addresses listed on their E-DV entry. Only the randomly selected 
individuals will be notified. Persons not selected will not receive any 
notification. U.S. embassies and consulates will not be able to provide 
a list of those selected to continue the visa process.
    Kentucky Consular Center (KCC) will send the letters notifying 
those selected. These letters will contain instructions for the visa 
application process. The instructions say the selected applicants will 
pay all diversity and immigrant visa fees in person only at the U.S. 
Embassy or Consulate at the time of the visa application. The Consular 
Cashier or Consular Officer immediately gives the visa applicant a U.S. 
Government receipt for payment. You should never send money for DV fees 
through the mail, through Western Union, or any other delivery service.
    The E-DV lottery entries are made on the Internet, on the official 
U.S. Government E-DV Web site at https://www.dvlottery.state.gov. KCC 
sends only letters to the selected applicants. KCC, consular offices, 
or the U.S. Government have never sent e-mails to

[[Page 57095]]

notify selected individuals, and there are no plans to use e-mail for 
this purpose for the DV-2009 program.
    The Department of State, Visa Services advises the public that only 
internet sites including the ``.gov'' indicator are official government 
Web sites. Many other non-governmental Web sites (e.g., using the 
suffixes ``.com'' or ``.org'' or ``.net'') provide legitimate and 
useful immigration and visa related information and services. 
Regardless of the content of non-governmental Web sites, the Department 
of State does not endorse, recommend or sponsor any information or 
material shown at these other Web sites.
    Some Web sites may try to mislead customers and members of the 
public into thinking they are official Web sites and may contact you by 
e-mail to lure you to their offers. These Web sites may attempt to 
require you to pay for services such as forms and information about 
immigration procedures, which are otherwise free on the Department of 
State Visa Services website, or overseas through the Embassy Consular 
Section Web sites. Additionally, these other Web sites may require you 
to pay for services you will not receive, often including diversity 
immigration application and visa fees in an effort to outright steal 
your money. Once you send money in one of these scams, you will never 
see it again. Also, you should be wary of sending any personal 
information that might be used for identity fraud/theft to these Web 
sites.

31. How Do I Report Internet Fraud or Unsolicited E-mail?

    If you wish to file a complaint about Internet fraud, please see 
the econsumer.gov Web site, hosted by the Federal Trade Commission, 
which is a joint effort of consumer protection agencies from 17 nations 
at https://www.econsumer.gov/english/ or go to the Federal Bureau of 
Investigation (FBI) Internet Crime Complaint Center or IC3. To file a 
complaint about unsolicited e-mail, contact the Department of Justice 
Contact Us page.

32. If I Am Successful in Obtaining a Visa Through the DV Program Will 
the U.S. Government Assist With My Airfare to the U.S., Provide 
Assistance To Locate Housing and Employment, Provide Healthcare or 
Provide Any Subsidies Until I Am Fully Settled?

    No, applicants who obtain a DV visa are not provided any type of 
assistance such as airfare, housing assistance, or subsidies. If you 
are selected to apply for a DV visa, before you can be issued a visa, 
you will be required to provide evidence that you will not become a 
public charge in the U.S. This evidence may be in the form of a 
combination of your personal assets, an Affidavit of Support, Form I-
134 from a relative or friend residing in the U.S. and/or an offer of 
employment from an employer in the U.S.

List of Countries by Region Whose Natives Are Eligible for DV-2009

    The lists below show the countries whose natives are eligible for 
DV-2009 within each geographic region for this diversity program. The 
countries whose natives are not eligible for the DV-2009 program were 
identified by the U.S. Citizenship and Immigration Services (USCIS) 
according to the formula in Section 203(c) of the Immigration and 
Nationality Act. Dependent areas overseas are included within the 
region of the governing country. The countries whose natives are not 
eligible for this diversity program (because they are the principal 
source countries of Family-Sponsored and Employment-Based immigration, 
or ``high admission'' countries) are noted after the respective 
regional lists.

Africa

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

List of Countries by Region Whose Natives Are Eligible for DV-2009

Asia

Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, East 
Timor, Hong Kong Special Administrative Region, Indonesia, Iran, Iraq, 
Israel;
Japan, Jordan, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, 
Nepal;
North Korea, Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, 
Taiwan, Thailand, United Arab Emirates, Yemen.

    Natives of the following Asian countries are not eligible for this 
year's diversity program: China [mainland-born], India, Pakistan, South 
Korea, Philippines, and Vietnam. The Hong Kong S.A.R. and Taiwan do 
qualify and are listed above. Macau S.A.R. also qualifies and is listed 
below.

List of Countries by Region Whose Natives Are Eligible for DV-2009

Europe

Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, 
Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus;
Czech Republic, Denmark (including components and dependent areas 
overseas), Estonia, Finland, France (including components and dependent 
areas overseas), Georgia, Germany, Greece, Hungary, Iceland, Ireland;
Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, 
Luxembourg, Macau Special Administrative Region, Macedonia, the Former 
Yugoslav Republic, Malta, Moldova;
Monaco, Montenegro, Netherlands (including components and dependent 
areas overseas), Northern Ireland, Norway, Portugal (including 
components and dependent areas overseas), Romania;
San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, 
Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City.

    Natives of the following European countries are not eligible for 
this year's diversity program: Great Britain, Poland and Russia. Great 
Britain (United Kingdom) includes the following dependent areas: 
Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland 
Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos 
Islands. Note that for purposes of the diversity program only, Northern 
Ireland is treated separately; Northern Ireland does qualify and is 
listed among the qualifying areas.

List of Countries by Region Whose Natives Are Eligible for DV-2009

North America

The Bahamas

    In North America, natives of Canada and Mexico are not eligible for 
this year's diversity program.

Oceania

    Australia (including components and dependent areas overseas), 
Fiji, Kiribati, Marshall Islands, Micronesia, Federated States of, 
Nauru, New Zealand (including components and dependent areas overseas), 
Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, 
Vanuatu.

[[Page 57096]]

South America, Central America, And The Caribbean

Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Chile, Costa 
Rica, Cuba, Dominica, Grenada, Guyana;
Honduras, Nicaragua, Panama, Paraguay, Saint Kitts and Nevis, Saint 
Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, 
Uruguay, Venezuela.

    Countries in this region whose natives are not eligible for this 
year's diversity program:

Brazil, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, 
Haiti, Jamaica, Mexico, and Peru.

    Dated: September 28, 2007.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E7-19730 Filed 10-4-07; 8:45 am]
BILLING CODE 4710-06-P