Proposed Rules. Notice of registration for the Diversity Immigrant Visa Program
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BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 3732] Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2003) Visa Program ACTION: Notice of registration for the Diversity Immigrant Visa Program. This public notice provides information on how to apply for the DV 2000 Program. This notice is issued pursuant to 22 CFR 42.33(b)(2) 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(a)(1)(G)).
Entry Procedures for Immigrant Visas To Be Made Available in the DV Category During Fiscal Year 2003 Entries for DV-2003 *must be received* at one of the Kentucky Consular Center Mailing Addresses Listed in this Notice *between noon on Monday, October 1, 2001 and noon on Wednesday, October 31, 2001* . Entries received before or after these dates will be disqualified regardless of when they are postmarked. Entries mailed to any address other than the Kentucky Consular Center addresses listed in this notice will be disqualified.
How Are Visas Apportioned? Visas are apportioned among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and no visas going to countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each of the six regions, no one country may receive more than seven percent of the available Diversity Visas in one year. By law, the U.S. Diversity Visa Program makes available a maximum of 55,000 each year. However, the Nicaraguan and Central American Relief Act (NACARA) stipulates that beginning as early as DV-99 and for as long as necessary, 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA Program.
This reduction began in DV-2000 and remains in effect for DV-2003. For DV-2003, natives of the following are NOT ELIGIBLE to apply because they sent more than 50,000 immigrants to the United States in the previous five years: CANADA CHINA (mainland-born) COLOMBIA DOMINICAN REPUBLIC EL SALVADOR HAITI INDIA JAMAICA MEXICO PAKISTAN PHILIPPINES SOUTH KOREA UNITED KINGDOM (except Northern Ireland) and its dependent territories VIETNAM (Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.
) What Are the Requirements To Apply for the DV-2003 Visas? Chargeability To enter, an applicant must be able to claim nativity in an eligible country, AND must meet either the education or training requirement of the DV program. Nativity in most cases is determined by the applicant's place of birth. However, if a person was born in an ineligible country but his/her spouse was born in an eligible country, such person can claim the spouse's country of birth rather than his/her own.
Also, if a person was born in an ineligible country, but neither of his/her parents was born there or resided there at the time of the birth, such person may be able to claim nativity in one of the parents' country of birth. Education or Training To enter, an applicant MUST have EITHER a high school education or its equivalent, defined in the U.S. 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.
U.S. Department of Labor definitions, as indicated in the O*Net OnLine database, will apply. If a person does not meet these requirements, he/she SHOULD NOT submit an entry to the DV program. Submitting an Entry Only ONE entry may be submitted by or for each applicant during the registration period. Submission of more than one entry will disqualify the person. The applicant must personally sign the entry, in his/her native alphabet. Failure of the applicant to personally sign his/her own entry will result in disqualification.
Completing the Entry There is no specific form for the entry. *Failure to provide ALL of the information listed below will disqualify the applicant* . Simply use a plain sheet of paper and type or clearly print in the English (Roman) alphabet (preferably in the order listed below): 1. FULL NAME, with the last (surname/family) name underlined EXAMPLES: *Public,* Sara Jane
(or)*Lopez,* Juan Antonio 2. DATE AND PLACE OF BIRTH Date: Day, Month, Year EXAMPLE: 15 November 1961 Place: City/Town, District/County/Province, Country EXAMPLE: Munich, Bavaria, Germany The name of the country should be that which is currently in use for the place where the applicant was born (For example, Slovenia, rather than Yugoslavia; Kazakstan rather than Soviet Union.) 3. The Applicant's Native Country if Different from Country of Birth If the applicant is claiming nativity in a country other than his/her place of birth, this must be clearly indicated on the entry. This information must match with what is put on the upper left corner of the entry envelope. (See “MAILING THE ENTRY” below.) If an applicant is claiming nativity through spouse or parent, please indicate this on the entry. (See “Requirements” section for more information on this item. 4. NAME, DATE AND PLACE OF BIRTH OF THE APPLICANT'S SPOUSE AND CHILDREN, NATURAL CHILDREN, AS WELL AS ALL LEGALLY-ADOPTED CHILDREN AND STEPCHILDREN, WHO ARE UNMARRIED AND UNDER THE AGE OF 21 YEARS. LIST DEPENDENTS REGARDLESS OF WHETHER OR NOT THEY RESIDE WITH YOU AND/OR WHETHER OR NOT THEY WILL IMMIGRATE WITH YOU. (Failure to provide ALL of this information will disqualify the applicant.) Note: married children and children 21 years or older will not qualify for the DV Program. 5. FULL MAILING ADDRESS This must be clear and complete, as any communications will be sent there. A telephone number is optional, but useful. 6. PHOTOGRAPHS. Attach a recent photograph, either black and white or in color, of the applicant, spouse and each child. *If photos do not conform to the following specifications, the entry will be disqualified:* The photo must be 2 inches (50 mm) square in size, with the name and date of birth printed on the back of the applicant's, spouse's or child's photo. The person photographed must be directly facing the camera. The head should not be tilted up, down or to the side and should cover about 50% of the area of the photo. The person should be in front of a neutral, light-colored background. The face must be in focus. The person photographed may not where a hat or dark glasses. The photograph (not a photocopy) should be attached to the entry with clear tape—DO NOT use staples or paperclips, which can jam the mail processing equipment. 7. SIGNATURE: *The entry will be disqualified* if the entry is not personally signed by the applicant with the usual and customary signature in his/her native alphabet. Neither an initialed signature nor block printing of the applicant's name will be accepted. SAMPLE ENTRY There is no specific format for the DV entry. The following is a sample entry, but other formats may be used. Failure to include all of the required information will disqualify the applicant. 1. FULL NAME: LAST (surname/family) FIRST 2. DATE OF BIRTH Day, Month, Year PLACE OF BIRTH City/Town, District/County/Province, Country 3. APPLICANT'S NATIVE COUNTRY, IF DIFFERENT FROM COUNTRY OF BIRTH (See requirements above) 4. NAME, DATE AND PLACE OF BIRTH OF THE APPLICANT'S SPOUSE AND CHILDREN Name Date of birth (day, month, year) Place of birth Name Date of birth (day, month, year) Place of birth Name Date of birth (day, month, year) Place of birth Attach information on additional children as necessary. Use the back of the page if there is insufficient space. 5. FULL MAILING ADDRESS: 6. PHOTOGRAPH: Attach recent photograph of the applicant, the applicant's spouse and all children. Individual separate photographs must be attached for the spouse and all children. Print the name and date of birth of each family member on the back of each photograph. Photos may be attached to the back of the entry if there is not enough room on the front 7. SIGNATURE: Failure to personally sign the entry will disqualify the applicant. Mailing the Entry Submit the entry by regular or airmail to the address matching the region of the applicant's country of nativity. Entries sent by express or priority mail, second day airmail, fax, hand, messenger, or any means requiring receipts or special handling *will not be processed* . • The envelope must be between 6 and 10 inches (15 to 25 cm) long and 3 1/2 and 4 1/2 inches (9 to 11 cm) wide. • Postcards are NOT acceptable. • Envelopes inside express or oversized mail packets are NOT acceptable. • *In the upper left-hand corner* of the envelope the applicant must write his/her country of nativity, followed by the applicant's name and full return address, even if both are the same. *Failure to provide this information will disqualify the entry.* Mailing address: The mailing addresses for the six regions are as follows: AFRICA (includes all countries on the African continent and adjacent islands): DV-2003 Program, Kentucky Consular Center, 1001 Visa Crest, Migrate, KY 41901-1000, USA. ASIA (extends from Israel to the northern Pacific islands, and includes Indonesia): DV-2003 Program, Kentucky Consular Center, 2002 Visa Crest, Migrate, KY 41902-2000, USA. EUROPE (extends from Greenland to Russia, and includes all countries of the former USSR) DV-2003 Program, Kentucky Consular Center, 3003 Visa Crest, Migrate, KY 41903-3000, USA. SOUTH AMERICA/CENTRAL AMERICA/CARIBBEAN (extends from Central America (Guatemala) and the Caribbean nations to Chile) DV-2003 Program, Kentucky Consular Center, 4004 Visa Crest, Migrate, KY 41904-4000, USA. OCEANIA (includes Australia, New Zealand, Papua New Guinea and all countries and islands of the South Pacific) DV-2003 Program, Kentucky Consular Center, 5005 Visa Crest, Migrate, KY 41905-5000, USA. NORTH AMERICA: (includes the Bahamas) DV-2003 Program, Kentucky Consular Center, 6006 Visa Crest, Migrate, KY 41906-6000, USA. EN01AU01.000 IMPORTANT NOTICE: Applicants must meet *ALL* eligibility requirements under the U.S. law in order to be issued visas. *Processing of applications and issuance of diversity visas to successful applicants and their eligible family members MUST occur by September 30, 2003.* Family members may not obtain diversity visas to follow to join the applicant in the U.S. after this date. There is NO initial fee, other than postage required to enter the DV-2003 program. The use of an outside intermediary or assistance to prepare a DV-2003 entry is entirely at the applicant's discretion. Qualified entries received directly from applicants or through intermediaries have equal chances of being selected by computer. There is no advantage to mailing early, or mailing from any particular locale. Every application received during the mail-in period will have an equal random chance of being selected within its region. However, *more than one application per person will disqualify the person from registration.* Selection of Winners The selection of winners is made at random and no outside service can legitimately improve an applicant's chances of being chosen or guarantee that an entry will win. Any service that claims it can improve an applicant's odds is promising something it cannot lawfully deliver. Determining 2003 DV Countries The Immigration and Naturalization Service
(INS)determines the DV regional limits for each year according to a formula specified in section 203(c) of the Immigration and Nationality Act. The following countries are eligible for the 2003 DV Program: AFRICA ALGERIA ANGOLA BENIN BOTSWANA BURKINA FASO BURUNDI CAMEROON CAPE VERDE CENTRAL AFRICAN REPUBLIC CHAD COMOROS CONGO CONGO, DEMOCRATIC REPUBLIC OF THE COTE D'IVIORE (IVORY COST) 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 ZAMBIA ZIMBABWE ASIA AFGHANISTAN BAHRAIN BANGLADESH BHUTAN BRUNEI BURMA CAMBODIA HONG KONG SPECIAL ADMINISTRATIVE REGION INDONESIA IRAN IRAQ ISRAEL JAPAN JORDAN KUWAIT LAOS LEBANON MACAU SPECIAL ADMINISTRATIVE REGION MALAYSIA MONGOLIA NEPAL NORTH KOREA OMAN QATAR SAUDI ARABIA SINGAPORE SRI LANKA SYRIA TAIWAN THAILAND UNITED ARAB EMIRATES YEMEN Asia countries that do not qualify for this year's diversity program: China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam. 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 KYRGYZSTAN LATVIA LIECHTENSTEIN LITHUANIA LUXEMBOURG MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF MALTA MOLDOVA MONACO MONTENEGRO NETHERLANDS (including components and dependent areas overseas) NORTHERN IRELAND* NORWAY POLAND PORTUGAL ROMANIA RUSSIA SAN MARINO SLOVAKIA SLOVENIA SPAIN SWEDEN SWITZERLAND TAJIKISTAN TURKEY TURKMENISTAN UKRAINE UZBEKISTAN VATICAN CITY YUGOSLAVIA, FEDERAL REPUBLIC OF European counties that do not qualify for this year's diversity program: Great Britain (including Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos Islands. * Note: For the purposes of the diversity program only, Northern Ireland is treated separately and DOES qualify for this year's program. NORTH AMERICA BAHAMAS, THE In North American, CANADA does not qualify 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 AMERICAN, CENTRAL AMERICAN, AND THE CARIBBEAN ANTIGUA AND BARBUDA ARGENTINA BARBADOS BELIZE BOLIVIA BRAZIL CHILE COSTA RICA CUBA DOMINICA ECUADOR GRENADA GUATEMALA GUYANA HONDURAS NICARAGUA PANAMA PARAGUAY PERU ST. KITTS AND NEVIS ST. LUCIA ST. VINCENT AND THE GRENADINES SURINAME TRINIDAD AND TOBAGO URUGUAY VENEZUELA Countries in this region that do NOT qualify for this year's diversity program: Colombia, Dominican Republic, El Salvador, Haiti, Jamaica and Mexico. Notifying Winners *Only successful entrants will be notified.* They will be notified by mail between April and July of 2002 at the address listed on their entry. Winners will also be sent instructions on how to apply for an immigrant visa, including information on the fee for immigrant visas and a separate visa lottery surcharge. Successful entrants must complete the immigrant visa application process and meet all eligibility requirements under U.S. law to be issued a visa. Being selected as a winner in the DV Lottery does not automatically guarantee issuance of a visa, even if the applicant is qualified, because the number of entries selected and registered is greater than the number of immigrant visas available. Those selected will, therefore, need to complete and file their immigrant visa applications quickly. *Once all the diversity visas have been issued or on September 30, 2003, whichever is sooner, the DV Program for Fiscal Year 2003 will end.* Obtaining Instructions on Entering the DV Lottery Interested persons may call
(202)331-7199, which describes the various means to obtain further details on entering the DV-2003 program. Applicants overseas may contact the nearest U.S. embassy or consulate for instructions on the DV lottery. DV information is also available in the *Visa Bulletin,* on the Internet at *http://travel.state.gov* or via the Consular Affairs automated fax at
(202)647-3000 (code 1103). Calls to the automated fax service must be made from a fax machine using the receiver or voice option of the caller's fax equipment. Dated: July 24, 2001. Mary A. Ryan, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 01-19025 Filed 7-31-01; 8:45 am]
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Proposed Rules
Notice of registration for the Diversity Immigrant Visa Program
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