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  American Immigration
  Lawyers Association
  (AILA)

The Diversity Visa Lottery Program

Overview

The congressionally mandated 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 to provide for a new class of immigrants known as "diversity immigrants" (DV immigrants).

The Act makes available 50,000 permanent resident visas annually 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. Applicants for Diversity Visas are chosen by a computer-generated random lottery drawing. The visas, however, 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 citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2005, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years:

CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, RUSSIA, 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.

ENTRIES FOR THE DV-2005 DIVERSITY VISA LOTTERY MUST BE SUBMITTED ELECTRONICALLY BETWEEN SATURDAY, NOVEMBER 1, 2003 AND TUESDAY, DECEMBER 30, 2003. APPLICANTS MAY ACCESS THE ELECTRONIC DIVERSITY VISA ENTRY FORM AT ‘WWW.DVLOTTERY.STATE.GOV’ DURING THE 60 DAY REGISTRATION PERIOD BEGINNING NOVEMBER 1. PAPER ENTRIES WILL NOT BE ACCEPTED.

• All entries by an applicant will be disqualified if more than ONE entry for the applicant is received, regardless of who submitted the entry. Applicants may prepare and submit their own entries, or have someone submit the entry for them.

• The Department of State will only accept completed Electronic Diversity Visa Entry Forms submitted electronically during the 60 day registration period beginning November 1, 2003.

• The Department of State will send DV lottery entrants an electronic confirmation notice upon receipt of a completed EDV Entry Form.

• Paper entries will not be accepted.

• The entry will be disqualified if all required photos are not submitted. Recent photographs of the applicant and his/her spouse and each child under 21 years of age, including all natural children as well as all legally-adopted and stepchildren, excepting a child who is already a U.S. citizen or a Legal Permanent Resident, even if a child no longer resides with the applicant or is not intended to immigrate under the DV program, must be submitted electronically with the Electronic Diversity Visa Entry Form. Group or family photos will not be accepted; there must be a separate photo for each family member.

Requirements for Entry

Applicant must be a native of one of the countries listed. See "List Of Countries By Region Whose Natives Qualify."

Native of a country whose natives qualify: In most cases this means the country in which the applicant was born. However, if a person was born in a country whose natives are ineligible but his/her spouse was born in a country whose natives are eligible, such person can claim the spouse’s country of birth providing both the applicant and spouse are issued visas and enter the U.S. simultaneously. If a person was born in a country whose natives are ineligible, 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.

Applicant must meet either the education or training requirement of the DV program.

Education or Training: An applicant 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.

Selection of Applicants

Applicants will be selected at random by computer from among all qualified entries. Those selected will be notified by mail between May and July 2004 and will be provided further instructions, including information on fees connected with immigration to the U.S. Persons not selected will NOT receive any notification. U.S. embassies and consulates will not be able to provide a list of successful applicants. Spouses and unmarried children under age 21 of successful applicants may also apply for visas to accompany or follow to join the principal applicant. DV-2005 visas will be issued between October 1, 2004 and September 30, 2005.

In order to actually receive a visa, applicants selected in the random drawing must meet ALL eligibility requirements under U.S. law. Processing of entries and issuance of diversity visas to successful applicants and their eligible family members MUST occur by midnight on September 30, 2005. Under no circumstances can diversity visas be issued or adjustments approved after this date, nor can family members obtain diversity visas to follow to join the applicant in the U.S. after this date.

Deadline for Submission

ENTRIES FOR THE DV-2005 DIVERSITY VISA LOTTERY MUST BE SUBMITTED ELECTRONICALLY BETWEEN SATURDAY, NOVEMBER 1, 2003 AND TUESDAY, DECEMBER 30, 2003.

» Apply now!

» DV 2005 Procedures

» Benefits

» DV 2005 FAQs