[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7578]
[[Page Unknown]]
[Federal Register: March 31, 1994]
DEPARTMENT OF STATE
Bureau of Consular Affairs
[Public Notice 1974]
Registration for the Diversity Immigrant (DV-1) Visa Program
ACTION: Notice of registration for the first year of the Diversity
Immigrant Visa Program.
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This public notice provides information on the application
procedures for the 55,000 immigrant visas to be made available in the
DV-1 category during Fiscal Year 1995. This notice is issued pursuant
to 22 CFR 42.33 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). Final regulations related to this notice
are being published simultaneously with this notice elsewhere in this
issue of the Federal Register.
Information on the Application Procedures for the 55,000 Immigrant
Visas To Be Made Available in the DV-1 Category During Fiscal Year 1995
Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the
Immigration and Nationality Act, as amended, taken together establish,
effective for Fiscal Year 1995 and thereafter, an annual numerical
limitation of 55,000 for diversity immigrants. Aliens who are natives
of countries determined by the Attorney General according to a
mathematical formula specified by the law will be able to compete for
immigration under this limitation. This program is identified by the
visa symbol DV-1 and is informally known as the ``visa lottery.'' The
law specifies that there must be a separate registration for each
year's DV-1 visas. This information concerns the application period
during 1994 for visas to be issued during fiscal year 1995.
Qualifying Countries and Areas Under the DV-1 Program
The law apportions immigrant visa issuance among six geographic
regions (Africa, Asia, Europe, North America--other than Mexico,
Oceania, and South America including Mexico, Central America, and the
Caribbean) according to a formula based on total immigrant admissions
over the most recent five-year period. The formula identifies both high
and low admission regions and high admission foreign states. A greater
share of the available visa numbers go to low admission regions than to
high admission regions. High admission states are excluded entirely
from the program. No single country may receive more than 7 percent
(3,850) of the world-wide total of visa numbers.
The U.S. Attorney General determines and publishes separately the
countries whose natives (as that term is explained in question 1) are
entitled to apply for DV-1 visas during Fiscal Year 1995. According to
the law, countries are grouped by region (see list at the end of this
notice). The allotment of visa numbers for each region is shown in
parenthesis below:
Africa: (20,200)--All countries.
Asia: (6,837)--All countries except the following: China--mainland born
and Taiwan born, India, Philippines, Vietnam, and South Korea. (Hong
Kong is eligible).
Europe: (24,549)--All countries except the following: United Kingdom
and its dependent territories. (Northern Ireland is eligible).
North America: (8)--Canada is not eligible. The Bahamas is the ONLY
eligible country included in the North American region.
South America: (2,589)--All countries except Mexico, Jamaica, El
Salvador and the Dominican Republic.
Oceania: (817)--All Countries.
How and When To Apply for DV-1 Status
The application period for registration for the visas to be issued
during Fiscal Year 1995 (i.e. from October 1994 through September 1995)
will begin at 12:01 a.m. (Eastern Time) on Wednesday, June 1, 1994, and
will end at midnight on Thursday, June 30, 1994. Applications must be
typed or clearly printed and mailed to one of the six following
addresses, depending upon the region of the applicant's native country:
Note Carefully the Importance of Using the Correct Postal Zip Code for
Each Region
Asia: DV-1 Program, National Visa Center, Portsmouth, NH 00210, U.S.A.
South America: DV-1 Program, National Visa Center, Portsmouth, NH
00211, U.S.A.
Europe: DV-1 Program, National Visa Center, Portsmouth, NH 00212,
U.S.A.
Africa: DV-1 Program, National Visa Center, Portsmouth, NH 00213,
U.S.A.
Oceania: DV-1 Program, National Visa Center, Portsmouth, NH 00214,
U.S.A.
North America: DV-1 Program, National Visa Center, Portsmouth, NH
00215, U.S.A.
Typed or clearly printed in the Roman alphabet in the upper left
hand corner of the front of the envelope must be the country or area of
which the applicant is a native. Typed or clearly printed below the
country must be the same name and mailing address of the applicant as
are shown on the application form contained therein. Failure to include
this information will disqualify the application.
Example: Pakistan, George Q. Public, 1234 Any Street, Apt. 5,
Center City, CA 90001.
Only one application may be submitted by or for each applicant
during this registration period. (Submission of more than one
application will disqualify the person from registration.) Applications
for registration will be grouped by region and will be selected
strictly in a random order from among all those received during the
application period. Every application received will have an equal
chance of being selected.
Applications must be sent to the addresses above by regular mail or
air mail only, and may be mailed from within the United States or
abroad. The information required on the envelope must be typed or
clearly printed. Any applications submitted by hand, telegram, FAX, or
by any means requiring any form of special handling or acknowledgement
of receipt, such as registered mail, express mail, or certified mail
will not be eligible for the visa lottery.
Applications received at the post office either before or after the
application period, or delivered to any other address will not be
processed for registration. Only one application may be included in
each envelope.
Size of Envelope
The envelope in which each application is mailed must be Between 6
inches and 10 inches (15 cm to 25 cm) in Length, and Between 3 inches
and 4 inches (9 cm to 11 cm) in Width. This is necessary to assist the
automated processing of the mail.
Information Which Must Be Included With Application for Registration
There is no application fee or special application form. The
request for registration in the lottery must furnish the following
information on a plain sheet of paper. All answers must be typed or
clearly printed in the Roman alphabet.
Each application must be in the following format:
1. Applicant's full name
Last Name, First Name and Middle Name
(Underline Last Name/Surname/Family name)
Example: Public, George Quincy.
2. Applicant's date and place of birth
Date of birth: Day, Month, Year.
Example: 15 November 1961.
Place of birth: City/Town, District/County/Province, Country.
Example: Munich, Bavaria, Germany.
3. Name, date and place of birth of applicant's spouse and children, if
any
The spouse and child(ren) of an applicant who is registered for DV-
1 status are automatically entitled to the same status. To obtain a
visa on the basis of this derivative status, a child must be under 21
years of age and unmarried. NOTE: Do NOT list parents as they are not
entitled to derivative status.
4. Applicant's mailing address
The mailing address must be clear and complete, since it will be to
that address that the notification letter for the persons who are
registered will be sent. A telephone number is optional.
5. Applicant's native country if different from country of birth
See the answer to Question 1 in this notice regarding the meaning
of ``native'' for the purposes of the DV-1 program.
Frequently Asked Questions About DV-1 Registration
1. How is the term ``native'' defined? Are there any bases upon which
persons who have not been born in a qualifying country may qualify for
registration?
Native means BOTH someone born within one of the qualifying
countries AND someone entitled to be ``charged'' to such country under
the provisions of section 202(b) of the Immigration and Nationality
Act. Applicants for DV-1 registration may be charged to the country of
birth of a spouse; a minor dependent child can be charged to the
country of birth of a parent; and an applicant born in a country of
which neither parent was a native or a resident at the time of his/her
birth may be charged to the country of birth of either parent. An
applicant who claims the benefit of alternate chargeability must
include a statement to that effect on the application for registration,
and must show the country of chargeability on the upper left hand
corner of the envelope in which the registration request is mailed.
2. May persons who are in the U.S. apply for registration?
Yes, an applicant may be in the U.S. or in another country, and the
application may be mailed in the U.S. or abroad.
3. Is each applicant limited to only one application during this DV-1
registration period?
Yes, the law allows only one application by or for each person;
Submission of more than one application will disqualify the person from
registration. Note: More than 400,000 applications were DISQUALIFIED
during the 1993 and 1994 visa lotteries due to multiple applications.
Applicants may be disqualified at time of registration or at the time
of the visa interview if more than one entry is detected.
4. May a husband and a wife each submit a separate application?
Yes, if otherwise qualified, a husband and a wife may each submit
one application for registration; if either is registered, the other
would be entitled to derivative status.
5. Must each applicant submit his/her own request, or may someone act
on behalf of an applicant?
Applicants may prepare and submit their own request for
registration, or have someone act on their behalf. Regardless of
whether an application is submitted by the applicant directly, or is
assisted by an attorney, friend, relative, etc., only one application
may be submitted in the name of each person. Only one notification
letter will be sent for each case registered, to the address provided
on the application.
6. 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 comparable to
that of a high school degree in the United States. Qualifying work
experience shall be based upon the most recent edition of the
Dictionary of Occupational Titles published by the Employment and
Training Administration of the United States Department of Labor.
Documentary proof of education or work experience should NOT be
submitted with the application, but must be presented to the consular
officer at the time of formal immigrant visa application.
7. How will cases be registered?
At the National Visa Center all mail received will be separated
into one of six geographic regions and individually numbered. After the
end of the application period, a computer will randomly select cases
from among all the mail received for each geographic region. Within
each region, the first letter randomly selected will be the first case
registered, the second letter selected the second registration, etc. It
makes no difference whether an application is received early or late in
the application period; all applications received within the mail-in
period will have an equal chance of being selected within each region.
When a case has been registered, the applicant will immediately be sent
a notification letter, which will provide appropriate visa application
instructions. The National Visa Center will continue to process the
case until those who are registered are instructed to make formal
application at a U.S. consular office or at an INS office in the United
States in the case of those who are entitled to apply for change of
status. The National Visa Center will provide additional instructions
on what steps to take to pursue their applications for DV-1 visas.
8. May applicants adjust their status with the ins?
Yes, provided you are otherwise eligible to adjust status, if you
are physically present in the United States you may apply to the
Immigration and Naturalization Service (INS) for adjustment. Applicants
who adjust, however, must first mail completed forms OF-230, Part I,
and DSP-122 to the National Visa Center. Applicants should ensure that
INS can complete action on their cases before September 30, 1995, since
on that date registrations in the Fiscal Year 1995 DV-1 program
terminate.
9. Will applicants who are not registered be informed?
No, applicants who are not registered will receive no response to
their registration request. Only those who are registered will be
informed. All notification letters are expected to be sent within about
three months of the end of the application period. Anyone who does NOT
receive a letter will know that his/her application has not been
registered.
10. How many applicants will be registered?
A total of about 90,000 persons, both principal applicants and
their spouses and children, will be registered. Since it is likely that
some of the first 55,000 persons who are registered will not pursue
their cases to visa issuance, this larger figure should ensure use of
all DV-1 numbers, but it also risks some registrants' being left out.
All applicants who are registered will be informed promptly of their
place on the list. Each month visas will be issued, according to
registration lottery rank order, to those applicants who are ready for
visa issuance during that month. Once all of the fiscal year 1995 visas
have been issued, the program for the year will end. Registered
applicants who wish to receive visas must be prepared to ACT PROMPTLY
on their cases.
11. Is there a minimum age for applicants for registration under the
DV-1 program?
There is no minimum age for submission of an application for
registration, but the requirement of a high school education or work
experience for each principal applicant at the time of visa issuance
will effectively disqualify most persons who are under age 18.
12. Will there be any special fee for registration in the DV-1
category?
There is no fee for submitting a request for registration, and no
fee should be included with the letter sent to the post office box
indicated above. Furthermore, there is no fee for applicants who come
to be registered through the lottery.
13. Are DV-1 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
specified in the Immigration and Nationality Act and there is no
special provision for the waiver of any grounds of visa ineligibility
other than those provided for in the Act.
14. May applicants who are already registered for an immigrant visa in
another category apply in this registration for the DV-1 category?
Yes, such persons may seek DV-1 status through this registration as
well.
15. How long do applicants who are registered on the basis of this
application period remain entitled to apply for visas in the DV-1
category?
Under the law, persons registered following this DV-1 application
period are entitled to apply for visa issuance only during fiscal year
1995, i.e., from October 1994 through September 1995. There is no
carry-over of benefit into another year for persons who are registered
but who do not obtain visas during FY-1995. There is absolutely no
advantage to mailing early, or mailing from any particular locale.
Every application received during the mail-in period will have an equal
chance of being selected at random within its region. However more than
one application per person will disqualify the person from
registration. Also, failure to include the applicant's native country
and full name and address on the envelope will disqualify the
application.
Countries of the world divided into the six regions defined in section
203(c)(1)(F) of the Immigration and Nationality Act of 1990
(1) Africa
Algeria
Angola
Benin
Botswana
Burkina
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
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
Zaire
Zambia
Zimbabwe
(2) Asia
Afghanistan
Bahrain
Bangladesh
Bhutan
Brunei
Burma
Cambodia
China-mainland
China-Taiwan (a ``state'' within the meaning of the Act)
Hong Kong (a ``state'' within the meaning of the Act)
India
Indonesia
Iran
Iraq
Israel
Japan
Jordan
Korea, North
Korea, South
Kuwait
Laos
Lebanon
Malaysia
Maldives
Mongolia
Nepal
Oman
Pakistan
Philippines
Qatar
Saudi Arabia
Singapore
Sri Lanka
Syria
Thailand
United Arab Emirates
Vietnam
Yemen
(3) Europe
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia, The Former Yugoslav Republic of
Malta
Moldova
Monaco
Montenegro (a ``state'' for purposes of the Act; Serbia and
Montenegro have proclaimed the formation of a joint independent state,
but this entity has not been formally recognized as a state by the
United States.)
Netherlands
Northern Ireland (a ``state'' within the meaning of the Act)
Norway
Poland
Portugal
Romania
Russia
San Marino
Serbia (a ``state'' for purposes of the Act; Serbia and Montenegro
have proclaimed the formation of a joint independent state, but this
entity has not been formally recognized as a state by the United
States.)
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkmenistan
Turkey
Ukraine
United Kingdom
Uzbekistan
Vatican City (an independent city under the jurisdiction of the
Holy See)
(4) North America
Bahamas, The
Canada
United States
(5) Oceania
Australia
Fiji
Kiribati
Marshall Islands
Micronesia, Federated States of
Nauru
New Zealand
Palau
Papua New Guinea
Solomon Islands
Tonga
Tuvalu
Vanuatu
Western Samoa
(6) South America, Mexico, Central America, and the Caribbean
Antigua and Barbuda
Argentina
Barbados
Belize
Bolivia
Brazil
Chile
Colombia
Costa Rica
Cuba
Dominica
Dominican Republic
Ecuador
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Mexico
Nicaragua
Panama
Paraguay
Peru
St. Kitts and Nevis
St. Lucia
St. Vincent and the Grenadines
Suriname
Trinidad and Tobago
Uruguay
Venezuela
As indicated above, the regulations pertaining to this notice are
being published in this issue of the Federal Register, and contain
detailed information regarding the DV-1 program.
Dated: March 25, 1994.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-7578 Filed 3-30-94; 8:45 am]
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