Employers of foreign nationals should note that registration for
the Fiscal Year 2015 Diversity Visa ("DV") Lottery opened
yesterday, October 1, 2013, at noon (EDT) and will remain open
until noon (EDT) on Saturday, November 2, 2013. The DV Program is
an alternate path for foreign nationals who meet the program's
eligibility requirements to obtain permanent residence in the
United States. Each fiscal year, the U.S. Department of State,
through a computer-generated lottery selection, makes available
50,000 immigrant visas ("green cards") to a class of
immigrants known as "diversity immigrants."
Who Is Eligible to Enter the FY 2015
Lottery?
People from countries with historically low rates of immigration to
the United States may register for the DV Lottery. The list of
countries is subject to change from year to year. For this DV
Lottery, employees born in one of the following countries are
NOT eligible: Bangladesh, Brazil, Canada, China
(mainland-born), Colombia, Dominican Republic, Ecuador, El
Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru,
Philippines, South Korea, United Kingdom (except Northern Ireland)
and its dependent territories, and Vietnam.
Employees born in any country not listed above, including Hong
Kong, Macau and Taiwan, ARE eligible to register.
In addition, employees who were born in one of the ineligible
countries listed above may still be able to register, provided
that (1) if married, the employee's spouse was born in a
country whose natives are eligible; or (2) in some circumstances,
if a parent was born in a country whose natives are eligible.
In addition to being eligible to enter based on country of birth,
an employee must meet either the education (a high
school education or its equivalent, defined as successful
completion of a 12-year course of elementary and secondary
education) or work experience requirement (two
years of work experience within the past five years in an
occupation requiring at least two years of training or experience
to perform, as set forth in the U.S. Department of Labor's
O*Net Online database).
How Does an Employee Register for the
Lottery?
An employee (not the employer) must submit an online Electronic
Diversity Visa Entry Form (E-DV entry form or Form DS-5501) and a
digital photo through the Department of State's official
lottery website at www.dvlottery.state.gov, during the registration
period. This website has Frequently Asked Questions to guide users
through the online registration process. The employee should
register early and make sure his/her photo meets
the required specifications as shown on the website. Lottery
applicants are permitted to submit only one entry per
person. All entries by an individual will be disqualified
if more than one entry is submitted. Any incomplete entry will also
be disqualified. Once an employee successfully registers
electronically, a confirmation screen will appear on his/her
computer containing his/her name and confirmation number. The
employee must print this screen for his/her records and save the
confirmation number.
How Does an Employee Learn if He/She Has Been Selected as a
Lottery Winner?
An employee may check the status of his/her entry starting
May 1, 2014, on the official DV Lottery website indicated
above by clicking on Entrant Status Check and entering his/her
unique confirmation number and personal information. This is the
only method of notification of a winning entry selection; the
Department of State will not send letters or e-mails or make calls
to the selected lottery winners.
Protect Yourself From Lottery Fraud
There is no cost or charge by the Department of State for employees to register for the DV Lottery. The U.S. government does not employ any outside consultants or private services to operate the program. The only authorized website where employees can officially register to participate in the DV Program is www.dvlottery.state.gov. Accordingly, employers and employees should be very wary of any deceptive lottery websites claiming to have State Department authorization or any e-mails or letters that claim to be from the State Department. As stated above, the State Department does not send letters or e-mails, and the official lottery website is the only legitimate place to submit a registration or to learn about lottery results. Any third-party attempts to provide registrations for a fee are highly likely to be a scam or fraud; no third party can improve an applicant's chances of being selected as a DV Lottery winner.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.