Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-98) Visa Program

DEPARTMENT OF STATE

[Public Notice 2474]

Bureau of Consular Affairs; Registration for the Diversity

Immigrant (DV-98) Visa Program

ACTION: Notice of registration period and requirements for the fourth

year of the Diversity Immigrant Visa Program.

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This public notice provides information on the procedures for

obtaining an opportunity to apply for one of the 55,000 immigrant visas

to be made available in the DV category during Fiscal Year 1998. This

notice is issued pursuant to 22 CFR 42.33, which implements sections

201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the Immigration and

Nationality Act (8 U.S.C. 1151(a)(3), 1153(c), and 1154(a)(1)(G).

Readers should note that the Department published amendments to its

regulations at 22 CFR 42.33 in the Federal Register on January 22,

1996. [61 FR 1523.]

Information on the Entry Procedures for the 55,000 Immigrant Visas To

Be Made Available in the DV Category During Fiscal Year 1998

Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the

Immigration and Nationality Act, taken together established, effective

for Fiscal Year 1995 and thereafter, an annual numerical limitation of

55,000 diversity immigrant visas to be made available to persons from

countries that have had low rates of immigration to the United States.

The DV-98 registration mail-in period will last 30 days and will be

held from noon on February 3, 1997 through noon on March 5, 1997. This

will give those eligible, both in the United States and overseas, ample

time to mail in an entry.

How Are the Visas Being Apportioned?

The visas will be apportioned among six geographic regions. A

greater number of visas will go to those regions that have had lower

immigration rates as determined pursuant to INA 203(c). There is,

however, a limit of seven percent (or 3,850) on the use of visas by

natives of any one foreign state. The regions, along with their Fiscal

Year 1998 allotments are:

Africa: (21,179) Includes all countries on the continent of Africa

and adjacent islands.

Asia: (7,280) Includes all countries except China, both mainland

and Taiwan born, India, Philippines, South Korea, and Vietnam; (Hong

Kong is eligible).

Europe: (23,213) Includes all countries except Great Britain

(United Kingdom) and its dependent territories and Poland; (Northern

Ireland is eligible).

North America: (8) The Bahamas is the only eligible country this

year; (Canada is not eligible for this year's lottery.)

Oceania: (844) Includes Australia, New Zealand, Papua New Guinea,

and all countries and islands in the South Pacific.

South America, Central America, and the Caribbean: (2,476) Includes

all countries except Colombia, Dominican Republic, El Salvador,

Jamaica, and Mexico.

Who Is Eligible?

``High admission'' countries are not eligible for the program.

``High admission'' countries are defined as those from which the United

States has received more than 50,000 immigrants during the last five

fiscal years for which data is available in the immediate relative, or

family or employment preference categories. See INA 203(c)(1)(A). Each

year the Immigration and Naturalization Services adds the family and

employment immigrant admission figures for the previous five fiscal

years to identify the countries that must be excluded from the annual

diversity lottery. For 1998, ``high admission'' and therefore

ineligible countries are: China (mainland and Taiwan), India, The

Philippines, Vietnam, South Korea, Poland, United Kingdom and dependent

territories (except see below), Canada, Mexico, Jamaica, El Salvador,

Colombia, and The Dominican Republic.

Natives of Hong Kong and Northern Ireland are eligible to apply for

this year's lottery.

What Are the Requirements?

In addition to being born in a qualifying country, applicants must

either (1) have a high school education or its equivalent or (2) within

the past five years, have two years of work experience in an occupation

that requires at least two years of training or experience. See INA

203(c)(2).

There is no fee or special petition form that must be completed to

enter. The entry must be typed or clearly printed in the English

alphabet on a sheet of plain paper and must include the following:

1. Applicant's Full Name

Last Name (Surname/Family 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

Please use the current name of the country (e.g. Kazakstan, Russia,

Croatia, Slovakia, Eritrea, etc.), if different from the name in use at

the time of birth.

3. Name, Date and Place of Birth of Applicant's Spouse and Minor

Children, if Any

The spouse and child(ren) of an applicant who is registered for DV-

98 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, and Phone Number, if Possible

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

6. A Recent 1\1/2\ Inch by 1\1/2\ Inch Photograph of the Principal

Applicant

The applicant's name must be printed across the back of the

photograph. (The photograph should be taped to the application with

clear tape, not attached by staples or paper clips which can jam the

mail processing equipment.)

7. Principal Applicant's Signature Is Required on the Entry

The applicant must sign the entry using his or her normal

signature, regardless of whether the entry is prepared and submitted by

the applicant or someone else.

(Only the principal applicant, not the spouse and children, needs to

submit a signature and photograph.)

[[Page 58731]]

This information must be sent by regular mail or air mail to one of

six postal addresses in Portsmouth, New Hampshire. Applicants must use

the correct postal zip code designated for their native region (see

addresses below). Entries must be mailed in a regular letter or

business-size envelope with the applicant's native country, full name,

and complete mailing address typed or clearly printed in the English

alphabet in the upper left-hand corner of the envelope. Postcards are

not acceptable.

Only one entry for each applicant may be submitted during the

registration period. Duplicate or multiple entries will disqualify

individuals from registration for this program. See INA

204(a)(1)(6)(i). Entries received before or after the specified

registration dates regardless of when they are postmarked and entries

sent to an address other than one of those indicated below are void.

All mail received during the registration period will be individually

numbered and entries will be selected at random by computer regardless

of time of receipt during the mail-in period. Selected entries will be

registered and then notified as specified below.

Where Should Entries Be Sent?

Note Carefully the Importance of Using the Correct Postal ZIP Code

for Each Region.

Asia: DV-98 Program, National Visa Center, Portsmouth, NH 00210, USA

South America, Central America, and the Caribbean: DV-98 Program,

National Visa Center, Portsmouth, NH 00211, USA

Europe: DV-98 Program, National Visa Center, Portsmouth, NH 00212, USA

Africa: DV-98 Program, National Visa Center, Portsmouth, NH 00213, USA

Oceania: DV-98 Program, National Visa Center, Portsmouth, NH 00214, USA

North America: DV-97 Program, National Visa Center, Portsmouth, NH

00215, USA

Is It Necessary To Use An Outside Attorney or Consultant?

The decision to hire an attorney or consultant is entirely up to

the applicant. Procedures for entering the Diversity Lottery can be

completed without assistance following these simple instructions.

However, if applicants prefer to use outside assistance, that is their

choice. There are many legitimate attorneys and immigration consultants

assisting applicants for reasonable fees, or in some cases for free.

Unfortunately, there are other persons who are charging exorbitant

rates and making unrealistic claims. The selection of winners is made

at random and no outside service can 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 deliver.

Persons who think they have been cheated by a U.S. company or

consultant in connection with the Diversity Visa Lottery may wish to

contact their local consumer affairs office or the National Fraud

Information Center at 1-800-876-7060 or 1-202-835-0159. The U.S.

Department of State has no authority to investigate complaints against

businesses in the United States.

How Will Winners Be Notified?

Only successful entrants will be notified. They will be notified by

mail at the address listed on their entry during the summer of 1997.

Winners will also be sent instructions on how to apply for an immigrant

visa, including information on a new requirement for a special DV case

processing fee. 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 being issued 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 55,000 visas have been issued, the DV Program for

Fiscal Year 1998 will end.

Where To Obtain Instructions on Entering the DV Lottery?

The above Information on entering the DV-98 program is also

available 24 hours a day to persons within the United States by calling

the Department of State's Visa Lottery Information Center at 1-900-884-

8840 at a flat rate of $5.10 per call. Callers will first hear some

basic information about the DV Lottery and will be requested to provide

their name and address so that printed instructions can be mailed to

them. Applicants overseas may continue to contact the nearest U.S.

embassy or consulate for instructions on the DV Lottery.

Dated: November 12, 1996.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96-29403 Filed 11-15-96; 8:45 am]

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