Federal Register, Volume 76 Issue 194 (Thursday, October 6, 2011)

[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62134-62141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25900]

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DEPARTMENT OF STATE

[Public Notice: 7637]

Bureau of Consular Affairs; Registration for the Diversity
Immigrant (DV-2013) Visa Program

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: This public notice provides information on how to apply for
the DV-2013 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 2013 Diversity Immigrant Visa Program (DV-2013)

The 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
and provides for a class of immigrants known as ``diversity
immigrants.'' Sections 201(e) and 203(c) of the INA provide a maximum
of 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 drawing chooses selectees for DVs. 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 that have sent more than 50,000
immigrants to the United States during the past five years. Within each
region, no single country may receive more than seven percent of the
available DVs in any one year.
For DV-2013, natives of the following countries are not eligible to
apply because the countries sent a total of more than 50,000 immigrants
each to the United States in the previous five years:
Bangladesh, Brazil, Canada, China (mainland-born), Colombia,
Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India,
Jamaica, Mexico, Pakistan, Peru, The Philippines, 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.
Bangladeshi natives are excluded from DV-2013, while Polish and South
Sudanese natives are included.

Diversity Visa Registration Period

Entries for the DV-2013 program must be submitted electronically
between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4,
2011, and noon, Eastern Daylight Time (EDT) (GMT-4), Saturday, November
5, 2011. Applicants may access the electronic DV entry form (E-DV) at
http://www.dvlottery.state.gov during the registration period. Paper
entries are not accepted. Applicants should not wait until the last
week of the registration period to enter. Heavy demand may result in
Web site delays. No entries will be accepted after noon, EDT, on
November 5, 2011.

Requirements for Entry

To register for the DV-2013 program, you must be a native of one of
the listed countries. See the ``List of Countries by Region Whose
Natives Qualify'' below. 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 listed on the selected entry, are issued visas,
and enter the United States 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-2013 program.
To enter the DV program, you must meet either the program's
education or work experience requirements. 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 at http://www.onetonline.org/ will be used to determine qualifying work
experience. For more information about qualifying work experience, see
Frequently Asked Question 13 below. If you cannot meet either
of these requirements, you should not submit an entry to the DV
program.

Procedures for Submitting an Entry to DV-2013

The Department of State will only accept completed E-DV entry forms
submitted electronically at http://www.dvlottery.state.gov during the
registration period between noon, Eastern Daylight Time (EDT) (GMT-4),
Tuesday, October 4, 2011, and noon, Eastern Daylight Time (EDT) (GMT-4)
Saturday, November 5, 2011.
We will disqualify ALL entries for an individual if more than ONE
entry is received for that individual, regardless of who submitted the
entries. 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 and a
unique confirmation number. You should print this confirmation screen
for your records and keep this information until at least June 30,
2013. You will be able to check the status of your DV-2013 entry by
returning to the Web site and entering your unique confirmation number
and personal information. Paper entries are not accepted.
You must submit all required photographs. If you do not, your entry
will be disqualified. Submit recent photographs electronically with the
E-DV entry form of: you; your spouse; each unmarried child under 21
years of age at the time of your electronic entry, including all
natural children as well as all legally-adopted children and
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 Legal
Permanent Resident.
We will not accept group or family photographs; you must include a
separate photograph for each family member. Failure to submit the
required photographs for your spouse and each child listed will result
in an incomplete entry to the E-DV system. We will not accept the entry
and you will have to resubmit another entry. If you fail to submit the
correct photograph of each individual, your application, along with
those of all of your derivatives, will be disqualified at the time of
the visa interview.
A digital photograph (image) of you, your spouse, and each child
must be

[[Page 62135]]

submitted online 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, 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 by
taking a new digital image or using a digital scanner to scan a
submitted photograph. Entrants may test their photos for suitability
through the photo validator link on the E-DV Web site before submitting
their entries. The photo validator provides additional technical advice
on photo composition, along with examples of acceptable and
unacceptable photos.

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 person's
head should not be tilted up, down, or to the side; the head height or
facial region size (measured from the top of the head, including the
hair, to the bottom of the chin) must be between 50 percent and 69
percent of the image's total height. The eye height (measured from the
bottom of the image to the level of the eyes) should be between 56
percent and 69 percent of the image's height; the photograph should be
taken with the person in front of a neutral, light-colored background;
dark or patterned backgrounds are not acceptable; the photograph 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; photographs of applicants wearing head coverings or hats are
only acceptable if the head covering is worn for religious beliefs, and
even then, the head covering may not obscure any portion of the face of
the applicant. We will not accept photographs of applicants with tribal
or other headgear not specifically religious in nature; we will not
accept photographs of military, airline, or other personnel wearing
hats.
Color photographs in 24-bit color depth are required. Photographs
may be downloaded from a camera to a computer file, or scanned to a
computer file. If you are using a scanner, the settings must be for
True Color or 24-bit color mode. Color photographs must be scanned at
this setting for the requirements of the DV program. See the 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 240 KB; the minimum acceptable image
resolution and dimensions are 600 pixels (width) x 600 pixels (height).
Image pixel dimensions must be in a square aspect ratio (meaning the
height must be equal to the width). The image color depth must be 24-
bit color. [Note: Color photographs are required. Black and white,
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
compositional specifications listed above. If the photographic print
meets the print color and compositional specifications, scan the print
using the following scanner specifications: Scanner resolution must be
at least 300 dots per inch (dpi); the image file format in JPEG format;
the maximum image file size must be 240 KB; the image resolution 600 by
600 pixels; the image color depth 24-bit color. [Note that black and
white, monochrome, or grayscale images will not be accepted.]

Information Required for the Electronic Entry

There is only one way to enter the DV-2013 program. You must submit
the DS-5501, the Electronic Diversity Visa Entry Form (E-DV entry
form), which is accessible only online at http://www.dvlottery.state.gov. Failure to complete the form in its entirety
will disqualify your entry. To ensure that the form is completed
accurately, the Department of State strongly encourages applicants to
complete the application without the assistance of ``Visa
Consultants,'' ``Visa Agents,'' or other individuals who offer to
submit the forms on behalf of applicants.
Those who submit E-DV entries 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
the name 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 below.
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
3 below.
8. Mailing Address--In Care of, Address Line 1, Address Line 2,
City/Town, District/Country/Province/State, Postal Code/Zip Code, and
Country.
9. Country Where You Live Today.
10. Phone Number (optional).
11. E-mail Address--Provide an e-mail address to which you have
direct access rather than using someone else's address or a standard
company address. Notifications to those selected in the DV program are
not sent by e-mail. Official notifications of selection will be made
through Entrant Status Check (ESC), available from May 1, 2012, on the
E-DV Web site http://www.dvlottery.state.gov. E-mail or mail
notifications about your E-DV selection are not legitimate. You may
receive follow-up e-mail communication from the Department of State
informing you to review ESC for new information about your application.
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's 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 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 on

[[Page 62136]]

the date of your electronic entry (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 derivatives for a DV; however, they may submit their own
electronic DV entries. Additionally, U.S. law protects children from
``aging out'' in certain circumstances. If your electronic DV entry is
submitted before your unmarried child turns 21, and the child turns 21
before visa issuance, he/she might be protected from aging out by the
Child Status Protection Act and be treated as though he/she were under
21 for visa-processing purposes. If you fail to list all eligible
children, your application, along with all of your dependents, will be
disqualified at the time of the visa interview. See Frequently Asked
Question 11 below.
15. Spouse Information--Name, Date of Birth, Gender, City/Town of
Birth, Country of Birth, and Photograph. Failure to list your spouse
will result in disqualification of the principal applicant, and refusal
of all visa applications 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 Department of State will use computer software to randomly
select individuals from among all qualified entries. Starting May 1,
2012, entrants may enter their DV-2013 entry confirmation number into
the Entrant Status Check (ESC) available at http://www.dvlottery.state.gov to find out whether their entries were selected
or not. The notification information provided on the site will provide
further instructions for selectees, including fee information. Those
selected in the random drawing are not notified by e-mail. You must
logon to http://www.dvlottery.state.gov and enter your confirmation
number into the ESC to receive information regarding your entry.
Applicants must go to http://www.dvlottery.state.gov to confirm their
selection status and to receive further instructions. U.S. embassies
and consulates will not be able to provide a list of successful
entrants. Successful entrants' spouses and unmarried children under age
21 also may apply for Diversity Visas to accompany or follow-to-join
the principal applicant. DV-2013 visas will be issued between October
1, 2012, and September 30, 2013. Selectees who provide information
requested in the notification instructions will be informed of their
visa interview appointment through the Entrant Status Check on the E-DV
Web site four to six weeks before the scheduled interviews with U.S.
consular officers at overseas posts. Each month, visas will be issued
to those applicants who are ready for issuance during that month, visa-
number availability permitting. Applicants can compare their rank order
number to the cut-off number shown for each region under the DV section
of the Visa Bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_1360.html). Once all of the 50,000 DVs have been issued, the
program will end. Visa numbers could be exhausted before September 30,
2013, since the number of selected entries is more than 50,000.
Selected applicants who wish to receive visas must act promptly.
Processing of entries and issuance of DVs to successful individuals
and their eligible family members must occur by midnight, Eastern
Daylight Time (EDT) on September 30, 2013. Under no circumstances can
DVs be issued or adjustments approved after this date, nor can family
members obtain DVs to follow-to-join the principal applicant in the
United States after this date.
In order to receive a DV 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 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 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 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 electronic entry submitted directly by an applicant has
an equal chance of being randomly selected as does a qualified
electronic entry received from an outside intermediary on behalf of the
applicant. 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 (derivative visa), and both of you must enter the
United States together. 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, you are not considered a resident of a country in which you
were neither born nor legally naturalized if you only visited the
country, studied in the country temporarily, or were stationed
temporarily in the country for business or professional reasons on
behalf of a company or government from a country other than the country
in which you were born. If you claim alternate chargeability, you must
indicate such information on the E-DV electronic online entry form, in
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) will disqualify your entry in most situations.

2. What are the procedures for this Diversity Visa registration?

The ESC page available on the E-DV Web site http://www.dvlottery.state.gov will be the sole means by which you will be
notified of your selection, or that

[[Page 62137]]

you were not selected. The Department will not mail you official
notification letters, but will instead include instructions on how to
follow up on your selection and pursue a DV visa application on your
confirmation page. You will also be informed of your DV visa interview
appointment date through the ESC page. The Department of State will not
send anyone letters by mail informing them of their interview
appointment.
The ESC page will be available for DV-2013 beginning May 1, 2012.
If you applied for the previous year's DV-2012 program, you may check
the status of your entry until June 30, 2012. All other requirements
for DV-2013 remain the same.

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 (who are neither U.S. citizens nor Legal
Permanent Residents) are required. Family or group photographs are not
accepted. Please refer to information on the photograph requirements
located in this notice.

4. Why do natives of certain countries not qualify for the diversity
program?

DVs are intended to provide an immigration opportunity for persons
from countries other than the countries that send large numbers of
immigrants to the United States. The law states that no DVs 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,
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 will be ineligible for
the annual diversity program. 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-2013?

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 DVs will be made available for
use under the NACARA program. The actual reduction of the limit by up
to 5,000 DVs began with DV-2000 and is likely to remain in effect
through the DV-2013 program.

6. What are the regional diversity visa (dv) limits for DV-2013?

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-2013 program be accepted?

The DV-2013 entry period will run through the registration period
listed above. 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 from October 4, 2011, until
November 5, 2011, 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,
since excessive demand at the end of the registration period may slow
the system down. We will accept no entries after noon EDT Saturday,
November 5, 2011.

8. May persons who are in the United States apply for the program?

Yes, you may submit an entry while in the United States or in any
another country.

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. Those
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 is selected, the other is
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
at the time of your initial electronic DV entry, 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 at the time of your electronic entry
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 ensuring that

[[Page 62138]]

information in the entry is correct and complete. All entrants,
including those not selected, will be able to check the status of their
entry through the official DV Web site. Entrants should keep their own
confirmation page information until at least June 30, 2013, so they may
independently check the status of their 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 have, within the
past five years, 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. Only formal courses of study meet this
requirement; correspondence programs or equivalency certificates (such
as the G.E.D.) are not acceptable. Documentary proof of education or
work experience must be presented to the consular officer at the time
of the visa interview.
What Occupations qualify for the Diversity Visa Program? To
determine eligibility based on work experience, definitions from the
Department of Labor's (DOL) O*Net Online Database http://www.onetonline.org/ will be used. The 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 have, within the past five years, 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?

The Department will individually number all entries received from
each region. After the end of the registration period, a computer
program 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. Beginning May 1, 2012, selected entrants
will be able to receive further instructions at http://www.dvlottery.state.gov/. The Kentucky Consular Center (KCC) 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 randomly selected will
not include information about your application. Should you receive
an e-mail or mail notification that mentions the status of your E-DV
selection, be aware that the message is not legitimate. You may
receive a follow-up e-mail communication from the Department of
State informing you to review ESC for new information about your
application. We will not ask you to send money by mail or by
services such as Western Union, in any e-mail generated by the
Department of State.

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, 2013, since on that date
registrations for the DV-2013 program expire. No visa numbers for the
DV-2013 program will be available after midnight on September 30, 2013,
under any circumstances.

16. Will entrants who are not selected be informed?

All entrants, including those not selected, may check the status of
their entry through the E-DV Web site and find out if their entry was
or was not selected. Entrants should print and keep their own
confirmation page information from the time of their entry until at
least June 30, 2013. (Status information for the previous DV program,
DV-2012, is available online until June 30, 2012.)

17. How many individuals will be selected?

There are 50,000 DV visas available for DV-2013, 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 Department of State 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-2013 program will begin
in October 2012. The Kentucky Consular Center will notify selected
applicants via the ESC on the E-DV Program Web site, http://www.dvlottery.state.gov/, four to six weeks before the scheduled
interviews with U.S. consular officers at overseas posts. Selectees
will receive e-mail communications from the Department of State
alerting them that a visa appointment has been scheduled after they
have responded to the notification instructions on the ESC. Such e-
mails will direct selectees to check their interview appointment
details on ESC and will not contain information on the actual
appointment date and time. Each month visas will be issued to those
applicants who are ready for issuance during that month, visa number
availability permitting. Once all of the 50,000 DV visas have been
issued, the program for the year will end. Thus, visa numbers could be
exhausted before September 30, 2013. Selected applicants who wish to
receive visas must be prepared to act promptly on their cases. Random
selection by the Department of State's computer software program does
not automatically guarantee that you will receive a visa. You must
qualify for the visa as well.

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.

[[Page 62139]]

19. Are there any fees for the E-DV program?

There is no fee for submitting an E-DV program 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 on the ESC.

20. Do DV applicants receive waivers of any grounds of visa
ineligibility or receive special processing for a waiver application?

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 aside from those ordinarily provided in the Act, nor is
there special processing for waiver requests. Some general waiver
provisions for individuals with close relatives who are U.S. Citizens
or Lawful Permanent Resident aliens may be available to DV applicants
as well, but the time constraints in the DV program will make it
difficult for applicants to benefit from such provisions.

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-2013 program are entitled to apply for
visa issuance only during fiscal year 2013, from October 1, 2012,
through September 30, 2013. 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 by September 30, 2013 (the end of the fiscal year.)
Also, spouses and children who derive status from a DV-2013
registration can only obtain visas in the DV category between October
1, 2012, and September 30, 2013. Applicants who apply overseas will
receive an appointment notification through the ESC Web site, from the
Department of State 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 DV program will result
in the 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 4, 2011, and ending at noon
EDT (GMT-4) on November 5, 2011.

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 online.

26. If I don't have access to a scanner, can I send photographs to my
relative in the United States to scan the photographs, save the
photographs to a diskette, and then mail the diskette back to me to
apply?

Yes, as long as the photograph meets the photograph requirements in
the instructions and the photograph is electronically submitted with,
and at the same time as, the E-DV online entry is submitted. The
applicants must already have the scanned photograph file when they
submit the entry online. The photograph cannot be submitted separately
from the online application. Only one online entry can be submitted per
person. Multiple submissions will disqualify the entry for that person
for DV-2013. The entire entry (photograph and application together) can
be submitted electronically from the United States or from overseas.

27. Can I save the form online so that I can fill out part and then
come back later and complete the remainder?

No. 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 form's download and when
the entry is received at the E-DV Web site. If more than sixty minutes
elapse 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. The DV-2013 instructions
explain clearly and completely what information is required to fill in
the form. Thus you can be fully prepared, making sure you have all of
the information needed before you start completing the form online.

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 re-submit my entry?

Yes. 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 given the nature
of the Internet. If the problem can be fixed by the applicant, and the
Form Part One or Two is resent within sixty (60) minutes, there is no
problem. Otherwise, the applicant will have to restart the submission
process. 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 Web
site immediately. However, how long it takes the response to reach the
sender is unpredictable because of 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 you received no confirmation response. You can try
to submit an application as many times as is necessary until a complete
application is received and the confirmation notice sent. However, once
you receive a confirmation notice, do not resubmit your information.

[[Page 62140]]

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 selection?

Keep and print your confirmation page until at least June 30, 2013.
You will need your confirmation number to access information through
the ESC available on the E-DV Web site http://www.dvlottery.state.gov/.
The ESC will be the sole means by which DV-2013 entrants are notified
of their selection, provided instructions on how to proceed with their
application, and notified of their immigrant visa interview appointment
date and time.
Status information will be available from May 1, 2012. If you lose
your confirmation information, you will not be able to check your DV
entry status, and we will not resend the confirmation page information
to you. Only the randomly selected individuals will be given additional
instructions on how to pursue their DV visa application. You may verify
non-selection through entering your confirmation number on the ESC, but
you will receive no further instructions. We will NOT forward the
confirmation page information to you. U.S. Embassies and Consulates
will NOT provide a list of those selected to continue the visa process.
Randomly selected entrants will receive notification instructions
for the DV visa application process on the selectee confirmation page
available through ESC on the E-DV Web site http://www.dvlottery.state.gov/. The instructions note that 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 immediately gives the visa applicant
a U.S. government receipt for payment. Selected applicants applying for
an immigrant visa at a U.S. Embassy or Consulate should never send
money for DV fees through the mail, Western Union, or any other
delivery service. Selected applicants who are already present in the
United States, and who file for adjustment of status, will receive
separate instructions on how to mail DV fees to a U.S. bank.
The E-DV entries are submitted on the Internet, on the official
U.S. government E-DV Web site at http://www.dvlottery.state.gov/. The
Department of State will not send notification letters to the selected
applicants. The U.S. government has never sent e-mails to notify
individuals they have been selected, and there are no plans to use e-
mail for this purpose for the DV-2013 program. Selectees will only
receive e-mail communications from the Department alerting them to
perform an ESC. Such e-mails will direct selectees to check their
interview appointment details on ESC and will not contain information
on the actual appointment date and time.
The Department of State's Bureau of Consular Affairs advises the
public that only Internet sites including the ``.gov'' domain suffix
are official government Web sites. Many other non-governmental Web
sites (e.g., using the suffixes``.com'' or ``.org'' or ``.net'')
provide 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's Visa Services Web site or through U.S. embassy consular
sections' Web sites. Additionally, these other Web sites may require
you to pay for services you will not receive (such as fees for DV
immigration applications and visas.) Also, you should be wary of
sending any personal information to these Web sites that might be used
for identity fraud/theft.

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, in
cooperation with consumer protection agencies from 17 nations (http://www.econsumer.gov/english/). You may also report fraud to the Federal
Bureau of Investigation (FBI) Internet Crime Complaint Center. 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 United States,
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, you will be required, to provide
evidence that you will not become a public charge in the United States.
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 United States, and/or an offer of employment from an
employer in the United States.

List of Countries By Region Whose Natives Are Eligible for DV-2013

The lists below show the countries whose natives are eligible for
DV-2013, grouped by geographic region. Dependent areas overseas are
included within the region of the governing country. The countries
whose natives are not eligible for the DV-2013 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.
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

[[Page 62141]]

Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
South Sudan
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe
Persons born in the Gaza Strip are chargeable to Egypt.

Asia

Afghanistan
Bahrain
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: Bangladesh, China [mainland-born], India,
Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R. and
Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and
is listed below. Persons born in the areas administered prior to June
1967 by Israel, Jordan and Syria are chargeable, respectively, to
Israel, Jordan and Syria.

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
Kosovo
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia, the Former Yugoslav Republic
Macau Special Administrative Region
Malta
Moldova
Monaco
Montenegro
Netherlands (including components and dependent areas overseas)
Northern Ireland
Norway
Poland
Portugal (including components and dependent areas overseas)
Romania
Russia
San Marino
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkey
Turkmenistan
Ukraine
Uzbekistan
Vatican City
Natives of Great Britain are not eligible for this year's diversity
program. Great Britain (United Kingdom) includes the following
dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman
Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena,
and 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 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

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, 2011.
Michael D. Kirby,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2011-25900 Filed 10-5-11; 8:45 am]
BILLING CODE 4710-06-P