[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63694-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22365]



22 CFR Part 42

[Public Notice: 9700]
RIN 1400-AD98

Visas: Diversity Immigrants

AGENCY: State Department.

ACTION: Final rule.


SUMMARY: This final rule is promulgated to clarify that photographs 
submitted as part of a diversity visa lottery entry package must have 
been taken no more than six months before the date the entry is made 
and prohibit applicants from wearing eyeglasses in photographs.

DATES: This rule is effective on October 17, 2016.

FOR FURTHER INFORMATION CONTACT: Andrea Lage, Legislation and 
Regulations Division, Visa Services, Bureau of Consular Affairs, 
Department of State, 600 19th St. NW., Washington, DC 20006, (202) 485-


What changes are in the amended rule?

    The Diversity Immigrant Visa Program is administered annually by 
the Department of State (``Department''). Section 203(c) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1153(c), provides for a 
class of immigrants known as ``diversity immigrants'' from countries 
with historically low rates of immigration to the United States. From 
millions of applicants, certain individuals are selected through a 
randomized computer drawing (``selectees'') for consideration for one 
of the 50,000 available diversity visa numbers. These selectees are 
then given the opportunity to apply for a diversity immigrant visa or 
if present in the United States to apply for adjustment of status. To 
qualify for a visa, these ``selectees'' must meet certain requirements 
provided for at INA 203(c), 8 U.S.C. 1153(c), and 22 CFR 42.33.
    Previously, 22 CFR 42.33(b)(2) required that photographs submitted 
with the diversity visa petition to be ``recent.'' 22 CFR 
42.33(b)(2)(vii) only prohibited the wearing of sunglasses and other 
paraphernalia in photographs. The Department is amending the rule by 
adding a new subparagraph at Sec.  42.33(b)(2)(iv) to require that the 
photograph be taken no more than six months prior to the date of the 
submission, and amending the photograph requirement to prohibit 
eyeglasses. The Department is also making a minor change by replacing 
``electronic entry form'' with ``petition'' in the opening sentence of 
Sec.  42.33(b)(2) to be consistent with the other parts of Sec.  

Why is the Department promulgating this rule?

    The Department receives unauthorized entries for the diversity visa 
lottery each year, including entries submitted by criminal enterprises. 
Requiring a new photograph be submitted each year reduces the ability 
for a third party to submit entries without an applicant's knowledge. 
The added specificity also will support the Department's practice of 
automatically disqualifying any applications for which a duplicate 
photograph was submitted, which also reduces the possibility of fraud, 
including fraud committed by criminal enterprises.

Regulatory Findings

Administrative Procedure Act

    This regulation is exempt from the Administrative Procedure Act 
(APA) as it involves a foreign affairs function of the United States 
and, therefore, in accordance with 5 U.S.C. 553(a)(1), is exempt from 
the requirements of 5 U.S.C. 553. Since this rulemaking is exempt from 
section 553, the provisions of 5 U.S.C. 553(d) do not apply, and this 
rulemaking is effective immediately.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice-and-comment 
rulemaking under 5 U.S.C. 553, it is exempt from the Regulatory 
Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with 
the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 
1532) generally requires agencies to prepare a statement before 
proposing any rule that may result in an annual expenditure of $100 
million or more by State, local, or tribal governments, or by the 
private sector. This rule will not result in any such expenditure, nor 
will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804. The 
Department is aware of no monetary effect on the U.S. economy that will 
result from this rulemaking.

Executive Orders 12866 and 13563

    The Department has reviewed this rule to ensure its consistency 
with the regulatory philosophy and principles set forth in Executive 
Order 12866, and has determined that the benefits of this regulation 
outweigh any cost. The Department has considered this rule in light of 
Executive Order 13563 and affirms that this regulation is consistent 
with the guidance therein. The Department does not consider this rule 
to be a significant rulemaking action.

Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. The rule will not have federalism 
implications warranting the application of Executive Orders 12372 and 

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulation in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 

Executive Order 13175--Consultation and Coordination With Indian Tribal 

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rulemaking.

[[Page 63695]]

Paperwork Reduction Act

    This rule does not impose any new information collection 
requirements under the provisions of the Paperwork Reduction Act, 44 
U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 42

    Immigration, Passports and visas.

    For the reasons stated in the preamble, the Department amends 22 
CFR part 42 as follows:


1. The authority citation for part 42 is revised to read as follows:

    Authority:  22 U.S.C. 2651a; 8 U.S.C. 1104; Pub. L. 105-277, 112 
Stat. 2681-795 through 2681-801; 8 U.S.C. 1185 note (section 7209 of 
Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

2. Amend Sec.  42.33 by:
a. Revising the introductory text of paragraph (b)(2);
b. Redesignating paragraphs (b)(2)(iv) through (viii) as paragraphs 
(b)(2)(v) through (ix), and adding a new paragraph (b)(2)(iv); and
c. Revising redesignated paragraph (b)(2)(viii).
    The revisions and addition read as follows:

Sec.  42.33   Diversity immigrants.

* * * * *
    (b) * * *
    (2) Requirements for photographs. The petition will also require 
inclusion of a photograph of the petitioner and of his or her spouse 
and all unmarried children under the age of 21 years. The photographs 
must meet the following specifications:
* * * * *
    (iv) The image must have been taken no more than six months prior 
to the date of the petition submission.
* * * * *
    (viii) The person in the photograph must not wear eyeglasses, 
sunglasses, or other paraphernalia that obstruct the view of the face.
* * * * *

Michele Thoren Bond,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2016-22365 Filed 9-15-16; 8:45 am]