[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-8752] [[Page Unknown]] [Federal Register: April 11, 1994] _______________________________________________________________________ Part XII Department of State _______________________________________________________________________ Bureau of Consular Affairs _______________________________________________________________________ Registration for the Diversity Immigrant (DV-1) Visa Program; Correction Notice DEPARTMENT OF STATE Bureau of Consular Affairs [Public Notice 1988] Registration for the Diversity Immigrant (DV-1) Visa Program; Correction This document contains corrections to Public Notice 1974 published Thursday, March 31, 1994, (59 FR 15303). This public notice provided information on the application procedures for the 55,000 immigrant visas to be made available in the DV-1 category during Fiscal Year 1995. The notice published on March 31 contained an error regarding the size of the envelope to be used for submitting the application for registration as a DV-1 immigrant. The correct envelope size should be between 6 inches and 10 inches (approximately 15 cm to 25 cm) in length and between 3\1/2\ inches and 4\1/2\ inches (approximately 9 cm to 11 cm) in width. This notice is being republished in its entirety. 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\1/2\ inches and 4\1/2\ 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.\1\ --------------------------------------------------------------------------- \1\Note: The regulations were published in the Federal Register of March 31, 1994 at 59 FR 15298. Dated: April 7, 1994. David L. Hobbs, Deputy Assistant Secretary, Consular Affairs. [FR Doc. 94-8752 Filed 4-8-94; 8:45 am] BILLING CODE 4710-06-M