[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Rules and Regulations]
[Pages 54135-54136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27013]


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DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice 3814]


Visas: Documentation of Immigrants Under the Immigration and 
Nationality Act--Diversity Visas

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

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SUMMARY: This rule makes final (with minor modification) the Department 
of State's interim regulations published in the Federal Register on 
July 31, 2001 (66 FR 39435).The July 31st rule amended the Department's 
regulations regarding registration for the Diversity Visa (DV) Program. 
The regulations were amended to clarify the Department's interpretation 
of the statute with respect to the DV Program and to further enhance 
the Department's ability to combat fraudulent practices in the DV 
Program. The rule also amended the regulations as they pertain to the 
use of the ``Dictionary of Occupational Titles'' formerly used to 
determine the required work experience since the document is no longer 
current. Consular officers must now make determinations regarding work 
experience based upon the U.S. Department of Labor's O*Net OnLine. 
[Further information may be found on the Consular Affairs website at 
http://travel.state.gov.] This rule makes final the Department's 
interim regulations with slight modification to the photograph 
requirements.

DATES: Effective date: This rule takes effect on October 26, 2001.

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Office of Legislation and 
Regulations, Visa Office, by phone (202) 663-1206, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

What Is the Background for This Final Rule?

    In an effort to eliminate fraudulent applications in the Diversity 
Visa (DV) Program, the Department published an interim rule [66 FR 
39435], with a request for comments, which amended the regulations at 
22 CFR 42.33 regarding registration for the DV Program. The interim 
rule amended the Department's regulations by requiring that the 
applicant sign the DV entry in his or her native alphabet as this more 
naturally fulfills the requirement for a usual and customary signature 
on the DV entry. The interim regulations also required that, beginning 
with the DV 2003 registration, the entry must include photographs of 
the applicant, the applicant's spouse, and all of his or her unmarried 
children under age 21 years (including natural children as well as 
legally-adopted children and stepchildren). Photographs for all 
dependents must be submitted regardless of their nationality. 
Photographs are required even though the spouse or child no longer 
resides with the applicant and regardless of whether or not the 
dependent will accompany or follow to join the applicant in the United 
States. The name and date of birth of the family member must be printed 
on the back of his or her photograph. The Department is publishing this 
final rule to make final the interim regulations.

What Comments Were Received in Response to the Interim Rule?

    The Department's interim rule solicited comments regarding the 
regulatory changes. During the comment

[[Page 54136]]

period, the Department received only two comments. Both commenters felt 
that the Department should clarify further the photograph requirement 
for dependent children. The Department's interim regulation requires 
that the entry must include photographs of ALL children who are 
unmarried and under age of 21 years. The word ``all'' implies any child 
of the alien, regardless of nationality, and regardless of whether the 
child resides with the applicant and whether or not the child intends 
to immigrate to the United States.
    In past years, the Diversity Visa Program has been plagued by a 
high incidence of fraudulent derivatives applying with the principal DV 
applicant. This causes delays in DV issuances at many posts as much 
time is spent by consular staff investigating alleged family 
relationships. For this reason, it was determined that for DV-2003, 
photos of all unmarried children under age 21 would be required on the 
DV entry. With this rule, the Department hopes to avoid a complicated 
range of exceptions to the photo requirement, and the regulations 
regarding photographs for dependents shall remain as published in the 
interim rule.
    One of the commenters also expressed concern about the size of the 
photograph, indicating that it may be difficult in some countries to 
obtain a photograph of the required size. While the Department does not 
have any reason to believe that applicants will have difficulty 
obtaining photographs of the required size, for DV 2003, photographs 
ranging in size from 37 mm x 37 mm to 50 mm x 50 mm will be accepted on 
the DV entries. Any DV 2003 entry submitted with photos that do not 
conform to the sizes in this range will be disqualified at the Kentucky 
Consular Center. The commenter also feels that some of the 
specifications are redundant. The Department believes that the 
specifications for acceptable photographs are sufficiently detailed, 
and although perhaps redundant, are specific as to what meets the 
Department's needs, and are probably, as the commenter points out, the 
most common requirements for producing a photograph for any type of 
official documents. The Department has, therefore, determined that the 
photograph specifications indicated in the interim rule shall remain as 
published.

How Will This Final Rule Affect the Regulations in the Interim 
Rule?

    The Department has reviewed the comments submitted during the 
comment period and has made some modification to the interim rule 
regarding the photograph size requirements.

List of Subjects in 22 CFR Part 42

    Aliens, Documentation, Immigrants, Passports and visas.

    In light of the foregoing the Department is amending the interim 
regulations at 22 CFR 42.33 as follows:

PART 42--[AMENDED]

    1. The authority citation for Part 42 continues to read as follows:

    Authority: 8 U.S.C. 1104.

    2. Amend Sec. 42.33 by revising paragraph (b)(3) introductory text 
and paragraph (b)(3)(i) to read as follows:


Sec. 42.33   Diversity immigrants.

* * * * *
    (b) * * *
    (3) Photographs. The alien shall also affix to the entry a 
photograph of himself or herself and photographs of his or her spouse 
and all unmarried children under the age of 21 years. The photographs 
shall meet the following specifications:
    (i) The photograph shall range in size from 37 mm x 37 mm to 50mm x 
50mm.
* * * * *

    Dated: October 9, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, U.S. Department of State.
[FR Doc. 01-27013 Filed 10-25-01; 8:45 am]
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