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Federal Register / Vol. 72, No.

193 / Friday, October 5, 2007 / Notices 57089

the principal office of NSX. All lower rates of immigration, and with no you can claim your spouse’s country of
comments received will be posted visas going to nationals of countries birth provided both you and your
without change; the Commission does sending more than 50,000 immigrants to spouse are on the selected entry, are
not edit personal identifying the U.S. over the period of the past five issued visas and enter the U.S.
information from submissions. You years. Within each region, no one simultaneously. Second, if you were
should submit only information that country may receive more than seven born in a country whose natives are
you wish to make available publicly. All percent of the available Diversity Visas ineligible, but neither of your parents
submissions should refer to File in any one year. was born there or resided there at the
Number SR–NSX–2007–10 and should For DV–2009, natives of the following time of your birth, you may claim
be submitted on or before October 26, countries are not eligible to apply nativity in one of your parents’ country
2007. because the countries sent a total of of birth if it is a country whose natives
For the Commission, by the Division of more than 50,000 immigrants to the U.S. qualify for the DV–2009 program.
Market Regulation, pursuant to delegated in the previous five years (the term To enter the lottery, you must meet
authority.17 ‘‘country’’ in this notice includes either the education or work experience
Nancy M. Morris, countries, economies and other requirement of the DV program. You
jurisdictions explicitly listed in this must have either a high school
notice): education or its equivalent, defined as
[FR Doc. E7–19671 Filed 10–4–07; 8:45 am] successful completion of a 12-year
Brazil, Canada, China (mainland-born),
Colombia, Dominican Republic, course of elementary and secondary
Ecuador, El Salvador, Guatemala, education; OR two years of work
Haiti, India, Jamaica, Mexico, experience within the past five years in
DEPARTMENT OF STATE an occupation requiring at least two
Pakistan, Peru, Philippines, Poland,
[Public Notice 5952] Russia, South Korea, United Kingdom years of training or experience to
(except Northern Ireland) and its perform. The U.S. Department of Labor’s
Bureau of Consular Affairs; dependent territories, and Vietnam. O*Net OnLine database will be used to
Registration for the Diversity determine qualifying work experience.
Immigrant (DV–2009) Visa Program Persons born in Hong Kong SAR, For more information about qualifying
Macau SAR and Taiwan are eligible. work experience, see Frequently Asked
Action: Notice of registration for the The Department of State implemented Question #13.
Diversity Immigrant Visa Program. the electronic registration system If you cannot meet these
This public notice provides beginning with DV–2005 in order to requirements, you should NOT submit
information on how to apply for the make the Diversity Visa process more an entry to the DV program.
DV–2009 Program. This notice is issued efficient and secure. The Department
pursuant to 22 CFR 42.33(b)(3) which utilizes special technology and other Procedures for Submitting an Entry to
implements sections 201(a)(3), 201(e), means to identify those who commit DV–2009
203(c) and 204(a)(1)(I) of the fraud for the purposes of illegal The Department of State will only
Immigration and Nationality Act, as immigration or who submit multiple accept completed Electronic Diversity
amended, (8 U.S.C. 1151, 1153, and entries. Visa Entry Forms submitted
1154(a)(1)(I)). electronically at http://
Diversity Visa Registration Period
Instructions for the 2009 Diversity during the
Entries for the DV–2009 Diversity registration period between noon,
Immigrant Visa Program (DV–2009) Visa Lottery must be submitted Eastern Daylight Time (EDT) (GMT–4),
The congressionally mandated electronically between noon, Eastern Wednesday, October 3, 2007 and noon,
Diversity Immigrant Visa Program is Daylight Time (EDT) (GMT–4), Eastern Standard Time (EST) (GMT–5)
administered on an annual basis by the Wednesday, October 3, 2007 and noon, Sunday, December 2, 2007.
Department of State and conducted Eastern Standard Time (EST) (GMT–5) All entries by an individual will be
under the terms of Section 203(c) of the Sunday, December 2, 2007. Applicants disqualified if more than ONE entry for
Immigration and Nationality Act (INA). may access the Electronic Diversity Visa that individual is received, regardless of
Section 131 of the Immigration Act of Entry Form (E–DV) at http:// who submitted the entry. You may
1990 (Pub. L. 101–649) that amended during the prepare and submit your own entry, or
INA 203 provides for a class of registration period. Paper entries will have someone submit the entry for you.
immigrants known as ‘‘diversity not be accepted. Applicants are strongly A successfully registered entry will
immigrants.’’ Section 203(c) of the INA encouraged not to wait until the last result in the display of a confirmation
provides a maximum of up to 55,000 week of the registration period to enter. screen containing your name, date of
Diversity Visas (DV) each fiscal year to Heavy demand may result in website birth, country of chargeability, and a
be made available to persons from delays. No entries will be accepted after date/time stamp. You may print this
countries with low rates of immigration noon, EST, on December 2, 2007. confirmation screen for your records
to the United States. using the print function of your web
Requirements for Entry
The annual DV program makes browser.
permanent residence visas available to To enter the DV lottery, you must be Paper entries will not be accepted.
persons meeting the simple, but strict, a native of one of the listed countries. Your entry will be disqualified if all
eligibility requirements. A computer- See ‘‘List of Countries by Region Whose required photographs are not submitted.
generated random lottery drawing Natives Qualify.’’ In most cases this Recent photographs of the following
chooses selectees for diversity visas. means the country in which you were people must be submitted electronically
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The visas are distributed among six born. However, there are two other ways with the Electronic Diversity Visa Entry
geographic regions with a greater you may be able to qualify. First, if you Form: You; your spouse; each
number of visas going to regions with were born in a country whose natives unmarried child under 21 years of age,
are ineligible but your spouse was born including all natural children as well as
17 17 CFR 200.30–3(a)(12). in a country whose natives are eligible, all legally-adopted children and

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57090 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices

stepchildren, even if a child no longer nature will not be accepted; (2-bit color depth), 8-bit color or 8-bit
resides with you or you do not intend photographs of military, airline, or other grayscale will not be accepted.
for a child to immigrate under the DV personnel wearing hats will not be
Information required for the Electronic
program. You do not need to submit a accepted.
photo for a child who is already a U.S. Colored photographs in 24-bit color
citizen or a Legal Permanent Resident. depth are preferred to black and white There is only one way to enter the
Group or family photographs will not or gray scale pictures in 24-bit color DV–2009 lottery. You must submit an
be accepted; there must be a separate depth. Photographs may be down Electronic Diversity Visa Entry Form (E–
photograph for each family member. loaded from a camera into a file in the DV Entry Form), which is accessible
Failure to submit the required computer or they may be scanned into only at
photographs for your spouse and each a file in the computer. If you are using Failure to complete the form in its
child will result in an incomplete entry a scanner, the settings must be for True entirety will disqualify the entry. Those
to the E–DV system. The entry will not Color or 24-bit color mode. Colored who submit the E–DV entry will be
be accepted and must be resubmitted. photographs or black and white (or gray asked to include the following
Failure to enter the correct photograph scale) must be scanned at this setting for information on the E–DV Entry Form.
of each individual in the case into the the requirements of the DV program. For 1. Full name—Last/family name, first
E–DV system will result in black and white or grey scale name, middle name.
disqualification of the principal photographs scanned in 24-bit color 2. Date of Birth—day, month, year.
applicant and refusal of all visas in the mode, only three colors or image bands 3. Gender—male or female.
case at the time of the visa interview. are used, and the results will still be 4. City where you were born.
A digital photograph (image) of you, 5. Country where you were born—The
black, white and gray. See additional
your spouse, and each child must be name of the country should be that
scanning requirements below.
submitted on-line with the E–DV Entry which is currently in use for the place
Form. The image file can be produced Technical Specifications where you were born.
either by taking a new digital 6. Country of eligibility or
The submitted digital photograph
photograph or by scanning a chargeability for the DV Program—Your
must conform to the following
photographic print with a digital country of eligibility will normally be
specifications or the system will
scanner. the same as your country of birth. Your
automatically reject the E–DV Entry
Entries are subject to disqualification country of eligibility is not related to
Form and notify the sender.
and visa refusal for cases in which the where you live. If you were born in a
When taking a new digital image: the
photographs are not recent or have been country that is not eligible for the DV
image file format must be in the Joint
manipulated or fail to meet the program, please review the instructions
Photographic Experts Group (JPEG)
specifications explained below. to see if there is another option for
format; it must have a maximum image
country of chargeability available for
Instructions for Submitting a Digital file size of sixty-two thousand five
you. For additional information on
Photograph (Image) hundred (62,500) bytes; the image
chargeability, please review ‘‘Frequently
The image file must adhere to the resolution must be 320 pixels high by
Asked Question #1’’ of these
following compositional specifications 240 pixels wide; the image color depth
and technical specifications and can be must be 24-bit color [Note: Colored 7. Entry photograph(s)—See the
produced in one of the following ways: photographs are preferred, but black and technical information on photograph
taking a new digital image or using a white or grayscale photographs, if used, specifications. Make sure you include
digital scanner to scan a submitted must be scanned in 24-bit color mode]. photographs of your spouse and all your
photograph. Monochrome images (2-bit color depth), children, if applicable. See: Frequently
8-bit color or 8-bit grayscale will not be Asked Question #11.
Compositional Specifications accepted. 8. Mailing address—In care of,
The submitted digital image must Before a photographic print is address line 1, address line 2, city/town,
conform to the following compositional scanned it must meet the following district/country/province/state, postal
specifications or the entry will be specifications: The print size must be 2 code/zip code, country.
disqualified: The person being inches by 2 inches (50mm x 50mm) 9. Country where you live today.
photographed must directly face the square; a color image is preferred, 10. Phone number (optional).
camera; the head of the person should however, a black and white or grayscale 11. E-mail address (optional).
not be tilted up, down, or to the side; image may be used only with the 24-bit 12. What is the highest level of
the head of the person should cover setting mode. education you have achieved, as of
about 50% of the area of the photo; the The photographic print must also today?
photograph should be taken with the meet the compositional specifications. If You must indicate which one of the
person in front of a neutral, light- the photographic print meets the print following represents your own highest
colored background; dark or patterned size, print color and compositional level of educational achievement: (1)
backgrounds are not acceptable; the specifications, scan the print using the Primary school only, (2) High school, no
photo must be in focus; photos in which following scanner specifications: degree, (3) High school degree, (4)
the person being photographed is Scanner resolution must be 150 dots per Vocational school, (5) Some university
wearing sunglasses or other items that inch (dpi); the image file formant in courses, (6) University degree, (7) Some
detract from the face will not be Joint Photographic Experts Group (JPEG) graduate level courses, (8) Master
accepted; photos of applicants wearing format; the maximum image file size degree, (9) Some doctorate level courses,
head coverings or hats are only will be sixty-two thousand five hundred and (10) Doctorate degree.
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acceptable due to religious beliefs, and (62,500) bytes; the image resolution at 13. Marital status—Unmarried,
even then, may not obscure any portion 300 by 300 pixels; the image color depth Married, Divorced, Widowed, Legally
of the face of the applicant; photographs 24-bit color. Note that black and white Separated
of applicants with tribal or other or grayscale images must be used with 14. Number of children: Entries must
headgear not specifically religious in 24-bit color depth. Monochrome images include the name, date and place of

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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices 57091

birth of your spouse and all natural processing of applicants for natives of Finally, if you were born in a country
children, as well as all legally-adopted some countries listed in this notice, not eligible to participate in this year’s
children and stepchildren, who are including, but not limited to, countries DV program, you can be ‘‘charged’’ to
unmarried and under the age of 21 (do identified as state sponsors of terrorism. the country of birth of either of your
not include children who are already parents as long as neither parent was a
Important Notice
U.S. citizens or Legal Permanent resident of the ineligible country at the
Residents), even if you are no longer No fee is charged for the electronic time of the your birth. In general, people
legally married to the child’s parent, lottery entry in the annual DV program. are not considered residents of a
and even if the spouse or child does not The U.S. Government employs no country in which they were not born or
currently reside with you and/or will outside consultants or private services legally naturalized if they are only
not immigrate with you. Note that to operate the DV program. Any visiting the country, studying in the
married children and children 21 years intermediaries or others who offer country temporarily, or stationed in the
or older are not eligible for the diversity assistance to prepare DV entries do so country for business or professional
visa. Failure to list all children, who are without the authority or consent of the reasons on behalf of a company or
eligible, will result in disqualification of U.S. Government. Use of any outside government. If you claim alternate
the principal applicant and refusal of all intermediary or assistance to prepare a chargeability, you must indicate such
visas in the case at the time of the visa DV entry is entirely at the entrant’s information on the E–DV electronic
interview. See: Frequently Asked discretion. online entry form, question #6. Please
Question #11. be aware that listing an incorrect
15. Spouse information—Name, date A qualified entry submitted country of eligibility or chargeability
of birth, gender, city/town of birth, electronically directly by an applicant (i.e. one to which you cannot establish
country of birth, photograph. Failure to has an equal chance of being selected by a valid claim) may disqualify your
list your spouse will result in the computer at the Kentucky Consular entry.
disqualification of the principal Center, as does an entry submitted
applicant and refusal of all visas in the electronically through a paid 2. Are There Any Changes or New
case at the time of the visa interview. intermediary who completes the entry Requirements in the Application
16. Children information—Name, for the applicant. Every entry received Procedures for This Diversity Visa
Date of Birth, Gender, City/Town of during the lottery registration period Registration?
Birth, Country of Birth, and Photograph: will have an equal random chance of All DV–2009 lottery entries must be
Include all children declared in being selected within its region. submitted electronically at
question #14 above. However, receipt of more than one entry during the
per person will disqualify the person registration period. No paper entries
Selection of Applicants
from registration, regardless of the will be accepted.
The computer will select at random source of the entry. Several questions and options for
individuals from among all qualified answers have been added to DV–2009 to
entries. They will be notified by mail Frequently Asked Questions About E– gather additional information,
between May and July 2008 and will be DV Registration including: ‘‘What is the name of the
provided further instructions, including 1. What Do the Terms ‘‘Eligibility’’, country where you live today? And
information on fees connected with ‘‘Native’’ and ‘‘Chargeability’’ Mean? ‘‘What is the highest level of education
immigration to the U.S. Those selected Are There Any Situations in Which you have achieved, as of today?’’ You
in the random drawing are not notified Persons Who Were Not Born in a must choose one of the ten options
by e-mail. Those individuals not Qualifying Country May Apply? indicating the highest level of education
selected will not receive any you have achieved: (1) Primary school
notification. U.S. embassies and Your country of eligibility will only, (2) High school, no degree, (3)
consulates will not be able to provide a normally be the same as your country of High school degree, (4) Vocational
list of successful entrants. Spouses and birth. Your country of eligibility is not school, (5) Some university courses, (6)
unmarried children under age 21 of related to where you live. ‘‘Native’’ University degree, (7) Some graduate
successful entrants may also apply for ordinarily means someone born in a level courses, (8) Master degree, (9)
visas to accompany or follow to join the particular country, regardless of the Some doctorate level courses, and (10)
principal applicant. DV–2009 visas will individual’s current country of Doctorate degree. ‘‘Legally Separated’’
be issued between October 1, 2008 and residence or nationality. For replaces the term ‘‘Separated’’ used in
September 30, 2009. immigration purposes ‘‘native’’ can also previous DV programs as an option
Processing of entries and issuance of mean someone who is entitled to be under the question ‘‘What is your
diversity visas to successful individuals ‘‘charged’’ to a country other than the marital status?’’ Legal separation means
and their eligible family members must one in which he/she was born under the that a court has formally declared that
occur by midnight on September 30, provisions of Section 202(b) of the you and your spouse are legally
2009. Under no circumstances can Immigration and Nationality Act. For separated. Legal separation means that
diversity visas be issued or adjustments example, if you were born in a country your spouse would not be eligible to
approved after this date, nor can family that is not eligible for this year’s DV immigrate as your derivative.
members obtain diversity visas to follow program, you may claim chargeability to
to join the principal applicant in their the country where your derivative 3. Are Signatures and Photographs
case in the U.S. after this date. spouse was born, but you will not be Required for Each Family Member, or
In order to receive a Diversity Visa to issued a DV–1 unless your spouse is Only for the Principal Entrant?
immigrate to the United States, those also eligible for and issued a DV–2, and Signatures are not required on the
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chosen in the random drawing must both of you must enter the United States Electronic Diversity Visa Entry Form.
meet all eligibility requirements under together with the diversity visas. In a Recent and individual photographs of
U.S. law. These requirements may similar manner, a minor dependent you, your spouse and all children under
significantly increase the level of child can be ‘‘charged’’ to a parent’s 21 years of age are required. Family or
scrutiny required and time necessary for country of birth. group photographs are not accepted.

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57092 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices

Refer to information on the photograph selecting and processing successful adopted in accordance with the laws of
requirements located in this notice. individuals. Holding the entry period your country, unless such child is
during October, November, and already a U.S. citizen or Legal
4. Why Do Natives of Certain Countries
December will ensure that selectees are Permanent Resident. List all children
Not Qualify for the Diversity Program?
notified in a timely manner, and gives under 21 years of age even if they no
Diversity visas are intended to both the visa applicants and our longer reside with you or you do not
provide an immigration opportunity for embassies and consulates time to intend for them to immigrate under the
persons from countries other than the prepare and complete cases for visa DV program.
countries that send large numbers of issuance. You are strongly encouraged The fact that you have listed family
immigrants to the U.S. The law states to enter early in the registration period. members on your entry does not mean
that no diversity visas shall be provided Excessive demand at end of the that they later must travel with you.
for natives of ‘‘high admission’’ registration period may slow the system They may choose to remain behind.
countries. The law defines this to mean down. No entries whatsoever will be However, if you include an eligible
countries from which a total of 50,000 accepted after noon EST Sunday, dependent on your visa application
persons in the Family-Sponsored and December 2, 2007. forms that you failed to include on your
Employment-Based visa categories original entry, your case will be
immigrated to the United States during 8. May Persons Who Are in the U.S. disqualified. This only applies to those
the period of the previous five years. Apply for the Program? who were family members at the time
Each year, the USCIS adds the family Yes, an applicant may be in the U.S. the original application was submitted,
and employment immigrant admission or in another country, and the entry may not those acquired at a later date. Your
figures for the previous five years in be submitted from the United States or spouse may still submit a separate entry,
order to identify the countries whose from abroad. even though he or she is listed on your
natives will be ineligible for the annual entry, as long as both entries include
9. Is Each Applicant Limited to Only details on all dependents in your family.
diversity lottery. Because there is a
One Entry During the Annual E–DV See question #10 above.
separate determination made before
Registration Period?
each annual E–DV entry period, the list 12. Must I Submit My Own Entry, or
of countries whose natives are not Yes, the law allows only one entry by
or for each person during each May Someone Act on My Behalf?
eligible may change from one year to the
next. registration period. Individuals for You may prepare and submit your
whom more than one entry is submitted own entry, or have someone submit the
5. What Is the Numerical Limit for DV– will be disqualified. The Department of entry for you. Regardless of whether an
2009? State will employ sophisticated entry is submitted by the individual
By law, the U.S. diversity immigration technology and other means to identify directly, or assistance is provided by an
program makes available a maximum of individuals who submit multiple entries attorney, friend, relative, etc., only one
55,000 permanent residence visas each during the registration period. People entry may be submitted in the name of
year to eligible persons. However, the submitting more than one entry will be each person and the entrant remains
Nicaraguan Adjustment and Central disqualified and an electronic record responsible for insuring that
American Relief Act (NACARA) passed will be permanently maintained by the information in the entry is correct and
by Congress in November 1997 Department of State. Individuals may complete. If the entry is selected, the
stipulates that beginning as early as DV– apply for the program each year during notification letter will be sent only to
1999, and for as long as necessary, up the regular registration period. the mailing address provided on the
to 5,000 of the 55,000 annually- entry.
10. May a Husband and a Wife Each
allocated diversity visas will be made 13. What Are the Requirements for
Submit a Separate Entry?
available for use under the NACARA Education or Work Experience?
program. The actual reduction of the Yes, a husband and a wife may each
limit by up to 5,000 diversity visas submit one entry if each meets the The law and regulations require that
began with DV–2000 and is likely to eligibility requirements. If either were every entrant must have at least a high
remain in effect through the DV–2009 selected, the other would be entitled to school education or its equivalent or,
program. derivative status. within the past five years, have two
years of work experience in an
6. What Are the Regional Diversity Visa 11. What Family Members Must I occupation requiring at least two years
(DV) Limits for DV–2009? Include on My E–DV Entry? training or experience. A ‘‘high school
The U.S. Citizenship and Immigration On your entry you must list your education or equivalent’’ is defined as
Services (USCIS) determines the DV spouse (husband or wife), and all successful completion of a twelve-year
regional limits for each year according unmarried children under 21 years of course of elementary and secondary
to a formula specified in Section 203(c) age, with the exception of children who education in the United States or
of the Immigration and Nationality Act are already U.S. citizens or Legal successful completion in another
(INA). Once the USCIS has completed Permanent Residents. You must list country of a formal course of elementary
the calculations, the regional visa limits your spouse even if you are currently and secondary education comparable to
will be announced. separated from him/her, unless you are a high school education in the United
legally separated (i.e. there is a written States. Documentary proof of education
7. When Will Entries for the DV–2009 agreement recognized by a court or a or work experience must be presented to
Program Be Accepted? court order). If you are legally separated the consular officer at the time of the
The DV–2009 entry period will run or divorced, you do not need to list your visa interview. To determine eligibility
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through the registration period. Each former spouse. you must list all your based on work experience, definitions
year millions of people apply for the children who are unmarried and under from the Department of Labor’s O*Net
program during the registration period. 21 years of age, whether they are your OnLine Database will be used.
The massive volume of entries creates natural children, your spouse’s What Occupations qualify for the
an enormous amount of work in children, or children you have formally Diversity Visa Program? The

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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices 57093

Department of Labor (DOL) O*Net 15. May Selectees Adjust Their Status visas must be prepared to act promptly
Online Database groups job experience With USCIS? on their cases. Random selection by the
into five ‘‘job zones.’’ While many Yes, provided they are otherwise Kentucky Consular Center computer as
occupations are listed on the DOL Web eligible to adjust status under the terms a selectee does not automatically
site, only certain specified occupations of Section 245 of the INA, selected guarantee that you will receive a visa.
qualify for the Diversity Visa Program. individuals who are physically present 18. Is There a Minimum Age for
To qualify for a Diversity Visa on the in the United States may apply to the Applicants To Apply for the E–DV
basis of your work experience, you USCIS for adjustment of status to Program?
must, within the past five years, have permanent resident. Applicants must There is no minimum age to apply for
two years of experience in an ensure that USCIS can complete action the program, but the requirement of a
occupation that is designated as Job on their cases, including processing of high school education or work
Zone 4 or 5, classified in a Specific any overseas derivatives, before experience for each principal applicant
Vocational Preparation (SVP) range of September 30, 2009, since on that date at the time of application will
7.0 or higher. registrations for the DV–2009 program effectively disqualify most persons who
How Do I Find the Qualifying expire. No visa numbers for the DV– are under age 18.
2009 program will be available after
Occupations on the Department of Labor
midnight on September 30, 2009 under 19. Are There Any Fees for the E–DV
Web site? Qualifying DV Occupations Program?
any circumstances.
are shown on the Department of Labor
O*Net Online Database. Follow these 16. Will Entrants Who Are Not Selected There is no fee for submitting an
steps to find out if your occupation Be Informed? electronic lottery entry. DV applicants
qualifies: Select ‘‘Find Occupations’’ must pay all required visa fees at the
No, entrants who are not selected will time of visa application directly to the
and then select a specific ‘‘Job Family.’’ receive no response to their entry. Only consular cashier at the embassy or
For example, select Architecture and those who are selected will be informed. consulate. Details of required diversity
Engineering and click ‘‘GO.’’ Then click All notification letters are sent within visa and immigration visa application
on the link for the specific Occupation. five to seven months from the end of the fees will be included with the
Following the same example, click application period to the address instructions sent by the Kentucky
Aerospace Engineers. After selecting a indicated on the entry. Since there is no Consular Center to applicants who are
specific Occupation link, select the tab notification provided to those not selected.
‘‘Job Zone’’ to find out the designated selected, anyone who does not receive
Job Zone number and Specific a letter five to seven months from the 20. Do DV Applicants Receive Waivers
Vocational Preparation (SVP) rating end of the registration period should of Any Grounds of Visa Ineligibility or
range. assume that his/her application has not Receive Special Processing for a Waiver
been selected. Application?
14. How Will Successful Entrants Be No. Applicants are subject to all
Selected? 17. How Many Individuals Will Be
Selected? grounds of ineligibility for immigrant
At the Kentucky Consular Center, all visas specified in the Immigration and
There are 50,000 DV visas available Nationality Act. There are neither
entries received from each region will for DV–2009, but more than that number
be individually numbered. After the end special provisions for the waiver of any
of individuals will be selected. Because ground of visa ineligibility other than
of the registration period, a computer it is likely that some of the first 50,000 those ordinarily provided in the Act nor
will randomly select entries from among persons who are selected will not special processing for waiver requests.
all the entries received for each qualify for visas or pursue their cases to
geographic region. Within each region, visa issuance, more than 50,000 entries 21. May Persons Who Are Already
the first entry randomly selected will be will be selected by the Kentucky Registered for an Immigrant Visa in
the first case registered, the second Consular Center to ensure that all of the Another Category Apply for the DV
entry selected the second registration, available DV visas are issued. However, Program?
etc. All entries received during the this also means that there will not be a Yes, such persons may apply for the
registration period will have an equal sufficient number of visas for all those DV program.
chance of being selected within each who are initially selected. All applicants
who are selected will be informed 22. How Long Do Applicants Who Are
region. When an entry has been
promptly of their place on the list. Selected Remain Entitled To Apply for
selected, the entrant will be sent a Visas in the DV Category?
notification letter by the Kentucky Interviews for the DV–2009 program
Consular Center, which will provide will begin in October 2008. The Persons selected in the DV–2009
visa application instructions. The Kentucky Consular Center will send lottery are entitled to apply for visa
Kentucky Consular Center will continue appointment letters to selected issuance only during fiscal year 2009,
to process the case until those selected applicants four to six weeks before the from October 1, 2008 through
scheduled interviews with U.S. consular September 30, 2009. Applicants must
to be visa applicants are instructed to
officers at overseas posts. Each month obtain the DV visa or adjust status by
appear for visa interviews at a U.S.
visas will be issued, visa number the end of the fiscal year. There is no
consular office, or until those qualifying
availability permitting, to those carry-over of DV benefits into the next
to change status in the United States applicants who are ready for issuance year for persons who are selected but
apply at a domestic USCIS office. during that month. Once all of the who do not obtain visas during FY–
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Important Note: Notifications to those 50,000 DV visas have been issued, the 2009. Also, spouses and children who
selected in the random lottery are not sent by program for the year will end. In derive status from a DV–2009
e-mail. Should you receive an e-mail principle, visa numbers could be registration can only obtain visas in the
notification about your E–DV selection, be finished before September 2009. DV category between October 2008 and
aware that the message is not legitimate. Selected applicants who wish to receive September 2009. Applicants who apply

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57094 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices

overseas will receive an appointment system is designed to permit up to sixty 29. Will the Electronic Confirmation
letter from the Kentucky Consular (60) minutes between the downloading Notice That the Completed E–DV Entry
Center four to six weeks before the of the form and when the entry is Form Has Been Received Through the
scheduled appointment. received at the E–DV web site after Online System Be Sent Immediately
being submitted online. If more than After Submission?
23. If an E–DV Selectee Dies, What
Happens to the DV Case? sixty minutes elapses and the entry has The response from the E–DV Web site
not been electronically received, the which contains confirmation of the
The death of an individual selected in information already received is receipt of an acceptable E–DV Entry
the lottery results in automatic discarded. This is done so that there is Form is sent by the E–DV website
revocation of the DV case. Any eligible
no possibility that a full entry could immediately. However, how long it
spouse and/or children are no longer
accidentally be interpreted as a takes the response to reach the sender
entitled to the DV visa, for that entry.
duplicate of a previous partial entry. For is unpredictable due to the nature of the
24. When Will E–DV Online Be example, suppose an applicant with a Internet. If many minutes have elapsed
Available? wife and child sends a filled in E–DV since pressing the ‘Submit’ button, there
Online entry will be available during Entry Form Part One and then receives is no harm in pressing the ‘Submit’
the registration period beginning at Form Part Two, but there is a delay button a second time. The E–DV system
noon EDT (GMT–4) on October 3, 2007 before sending Part Two because of will not be confused by a situation
and ending at noon EST (GMT–5) on trouble finding the file that holds the where the ‘Submit’ button is hit a
December 2, 2007. child’s photograph. If the filled in Form second time, because no confirmation
Part Two is sent by the applicant and response has been received. An
25. Will I be Able to Download and Save applicant can try to submit an
received by the E–DV website within
the E–DV Entry Form to a Microsoft application as many times as is
sixty (60) minutes, there is no problem.
Word Program (or Other Suitable necessary until a complete application
However, if the Form Part Two is
Program) and Then Fill it Out? is received and the confirmation notice
received after sixty (60) minutes have
No, you will not be able to save the elapsed, then the applicant will be sent.
form into another program for informed that he or she must start the 30. How Will I Know if the Notification
completion and submission later. The entire entry over from the beginning. of Selection That I Have Received Is
E–DV Entry Form is a Web form only. The DV–2009 instructions explain Authentic? How Can I Confirm That I
This makes it more ‘‘universal’’ than a clearly and completely what Have in Fact Been Chosen in the
proprietary word processor format. information is required to fill in the Random DV Lottery?
Additionally, it does require that the form. This way you can be fully
information be filled in and submitted After the individuals have been
prepared, making sure you have all of selected at random from among all
while on-line.
the information needed, before you start qualified entries through the State
26. If I Don’t Have Access to a Scanner, to complete the form on-line. Department E–DV lottery computer
Can I Send Photographs to My Relative program, they will not be notified by e-
in the U.S. To Scan the Photographs, 28. If the Submitted Digital Images Do
Not Conform to the Specifications, the mail. Those selected will be notified
Save the Photographs to a Diskette, and only by letter through the mail between
then Mail the Diskette Back to Me To Procedures State That the System Will
May and July 2008 at the addresses
Apply? Automatically Reject the E–DV Entry
listed on their E–DV entry. Only the
Form and Notify the Sender. Does This
Yes, this can be done as long as the randomly selected individuals will be
Mean I Will Be Able to Re-Submit My
photograph meets the photograph notified. Persons not selected will not
Entry? receive any notification. U.S. embassies
requirements in the instructions, and
the photograph is electronically Yes, the entry can be resubmitted. and consulates will not be able to
submitted with, and at the same time Since the entry was automatically provide a list of those selected to
the E–DV online entry is submitted. The rejected, it was not actually considered continue the visa process.
applicants must already have the as submitted to the E–DV Web site. It Kentucky Consular Center (KCC) will
scanned photograph file when they does not count as a submitted E–DV send the letters notifying those selected.
submit the entry on-line. The entry, and no confirmation notice of These letters will contain instructions
photograph cannot be submitted for the visa application process. The
receipt is sent. If there are problems
separate from the online application. instructions say the selected applicants
with the digital photograph sent,
Only one on-line entry can be submitted will pay all diversity and immigrant
because it does not conform to the
for each person. Multiple submissions visa fees in person only at the U.S.
requirements, it is automatically Embassy or Consulate at the time of the
will disqualify the entry for that person rejected by the E–DV Web site.
for DV–2009. The entire entry visa application. The Consular Cashier
However, the amount of time it takes the or Consular Officer immediately gives
(photograph and application together)
rejection message to reach the sender is the visa applicant a U.S. Government
can be submitted electronically from the
unpredictable due to the nature of the receipt for payment. You should never
United States or from overseas.
Internet. If the problem can be fixed by send money for DV fees through the
27. Can I Save the Form On-line so That the applicant, and the Form Part One or mail, through Western Union, or any
I Can Fill Out Part and Then Come Back Two is re-sent within sixty (60) minutes, other delivery service.
Later and Complete the Remainder? there is no problem. Otherwise the The E–DV lottery entries are made on
No, this cannot be done. The E–DV submission process will have to be the Internet, on the official U.S.
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Entry Form is designed to be completed started over. An applicant can try to Government E–DV Web site at http://
and submitted at one time. However, submit an application as many times as KCC sends
because the form is in two parts, and is necessary until a complete only letters to the selected applicants.
because of possible network application is received and the KCC, consular offices, or the U.S.
interruptions and delays, the E–DV confirmation notice sent. Government have never sent e-mails to

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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices 57095

notify selected individuals, and there public charge in the U.S. This evidence born], India, Pakistan, South Korea,
are no plans to use e-mail for this may be in the form of a combination of Philippines, and Vietnam. The Hong
purpose for the DV–2009 program. your personal assets, an Affidavit of Kong S.A.R. and Taiwan do qualify and
The Department of State, Visa Support, Form I–134 from a relative or are listed above. Macau S.A.R. also
Services advises the public that only friend residing in the U.S. and/or an qualifies and is listed below.
internet sites including the ‘‘.gov’’ offer of employment from an employer
indicator are official government Web List of Countries by Region Whose
in the U.S. Natives Are Eligible for DV–2009
sites. Many other non-governmental
Web sites (e.g., using the suffixes List of Countries by Region Whose Europe
‘‘.com’’ or ‘‘.org’’ or ‘‘.net’’) provide Natives Are Eligible for DV–2009
Albania, Andorra, Armenia, Austria,
legitimate and useful immigration and The lists below show the countries Azerbaijan, Belarus, Belgium, Bosnia
visa related information and services. whose natives are eligible for DV–2009 and Herzegovina, Bulgaria, Croatia,
Regardless of the content of non- within each geographic region for this Cyprus;
governmental Web sites, the Department diversity program. The countries whose Czech Republic, Denmark (including
of State does not endorse, recommend natives are not eligible for the DV–2009 components and dependent areas
or sponsor any information or material program were identified by the U.S. overseas), Estonia, Finland, France
shown at these other Web sites. Citizenship and Immigration Services (including components and
Some Web sites may try to mislead (USCIS) according to the formula in dependent areas overseas), Georgia,
customers and members of the public Section 203(c) of the Immigration and Germany, Greece, Hungary, Iceland,
into thinking they are official Web sites Nationality Act. Dependent areas Ireland;
and may contact you by e-mail to lure overseas are included within the region Italy, Kazakhstan, Kyrgyzstan, Latvia,
you to their offers. These Web sites may of the governing country. The countries Liechtenstein, Lithuania,
attempt to require you to pay for whose natives are not eligible for this Luxembourg, Macau Special
services such as forms and information diversity program (because they are the Administrative Region, Macedonia,
about immigration procedures, which principal source countries of Family- the Former Yugoslav Republic, Malta,
are otherwise free on the Department of Sponsored and Employment-Based Moldova;
State Visa Services website, or overseas immigration, or ‘‘high admission’’ Monaco, Montenegro, Netherlands
through the Embassy Consular Section countries) are noted after the respective (including components and
Web sites. Additionally, these other regional lists. dependent areas overseas), Northern
Web sites may require you to pay for Ireland, Norway, Portugal (including
services you will not receive, often Africa
components and dependent areas
including diversity immigration Algeria, Angola, Benin, Botswana, overseas), Romania;
application and visa fees in an effort to Burkina Faso, Burundi, Cameroon, San Marino, Serbia, Slovakia, Slovenia,
outright steal your money. Once you Cape Verde, Central African Republic, Spain, Sweden, Switzerland,
send money in one of these scams, you Chad; Tajikistan, Turkey, Turkmenistan,
will never see it again. Also, you should Comoros, Congo, Congo, Democratic Ukraine, Uzbekistan, Vatican City.
be wary of sending any personal Republic of the, Cote D’Ivoire (Ivory Natives of the following European
information that might be used for Coast), Djibouti, Egypt, Equatorial countries are not eligible for this year’s
identity fraud/theft to these Web sites. Guinea, Eritrea, Ethiopia, Gabon, diversity program: Great Britain, Poland
31. How Do I Report Internet Fraud or Gambia, The; and Russia. Great Britain (United
Unsolicited E-mail? Ghana, Guinea, Guinea-Bissau, Kenya, Kingdom) includes the following
Lesotho, Liberia, Libya, Madagascar, dependent areas: Anguilla, Bermuda,
If you wish to file a complaint about Malawi, Mali, Mauritania;
Internet fraud, please see the British Virgin Islands, Cayman Islands,
Mauritius, Morocco, Mozambique, Falkland Islands, Gibraltar, Montserrat, Web site, hosted by the Namibia, Niger, Nigeria, Rwanda, Sao
Federal Trade Commission, which is a Pitcairn, St. Helena, Turks and Caicos
Tome and Principe, Senegal, Islands. Note that for purposes of the
joint effort of consumer protection Seychelles, Sierra Leone;
agencies from 17 nations at http:// diversity program only, Northern
Somalia, South Africa, Sudan, Ireland is treated separately; Northern or go to Swaziland, Tanzania, Togo, Tunisia,
the Federal Bureau of Investigation (FBI) Ireland does qualify and is listed among
Uganda, Zambia, Zimbabwe. the qualifying areas.
Internet Crime Complaint Center or IC3.
To file a complaint about unsolicited e- List of Countries by Region Whose List of Countries by Region Whose
mail, contact the Department of Justice Natives Are Eligible for DV–2009 Natives Are Eligible for DV–2009
Contact Us page. Asia North America
32. If I Am Successful in Obtaining a Afghanistan, Bahrain, Bangladesh, The Bahamas
Visa Through the DV Program Will the Bhutan, Brunei, Burma, Cambodia, In North America, natives of Canada
U.S. Government Assist With My Airfare East Timor, Hong Kong Special and Mexico are not eligible for this
to the U.S., Provide Assistance To Administrative Region, Indonesia, year’s diversity program.
Locate Housing and Employment, Iran, Iraq, Israel;
Provide Healthcare or Provide Any Japan, Jordan, Kuwait, Laos, Lebanon, Oceania
Subsidies Until I Am Fully Settled? Malaysia, Maldives, Mongolia, Nepal; Australia (including components and
No, applicants who obtain a DV visa North Korea, Oman, Qatar, Saudi dependent areas overseas), Fiji, Kiribati,
are not provided any type of assistance Arabia, Singapore, Sri Lanka, Syria, Marshall Islands, Micronesia, Federated
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such as airfare, housing assistance, or Taiwan, Thailand, United Arab States of, Nauru, New Zealand
subsidies. If you are selected to apply Emirates, Yemen. (including components and dependent
for a DV visa, before you can be issued Natives of the following Asian areas overseas), Palau, Papua New
a visa, you will be required to provide countries are not eligible for this year’s Guinea, Samoa, Solomon Islands,
evidence that you will not become a diversity program: China [mainland- Tonga, Tuvalu, Vanuatu.

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57096 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices

South America, Central America, And • Fax: Fax comments to the Docket DEPARTMENT OF TRANSPORTATION
The Caribbean Management Facility at 202–493–2251.
Antigua and Barbuda, Argentina, • Hand Delivery: Bring comments to Federal Motor Carrier Safety
Barbados, Belize, Bolivia, Chile, Costa the Docket Management Facility in Administration
Rica, Cuba, Dominica, Grenada, Room W12–140 of the West Building
Solicitation of Applications for FY 2008
Guyana; Ground Floor at 1200 New Jersey
Honduras, Nicaragua, Panama, Border Enforcement Grant (BEG)
Avenue, SE., Washington, DC, between
Paraguay, Saint Kitts and Nevis, Saint Funding
9 a.m. and 5 p.m., Monday through
Lucia, Saint Vincent and the Friday, except Federal holidays.
Grenadines, Suriname, Trinidad and AGENCY:Federal Motor Carrier Safety
Tobago, Uruguay, Venezuela. • Docket: To read background Administration (FMCSA), DOT.
documents or comments received, go to
Countries in this region whose natives ACTION: Notice. at any time
are not eligible for this year’s diversity
or to the Docket Management Facility in
program: SUMMARY: FMCSA announces that it has
Room W12–140 of the West Building
Brazil, Colombia, Dominican Republic, published an opportunity to apply for
Ground Floor at 1200 New Jersey
Ecuador, El Salvador, Guatemala, FY2008 BEG funding on the
Avenue, SE., Washington, DC, between
Haiti, Jamaica, Mexico, and Peru. Web site (
9 a.m. and 5 p.m., Monday through
Dated: September 28, 2007. Section 4110 of the Safe, Accountable,
Friday, except Federal holidays.
Maura Harty, Flexible, Efficient Transportation Equity
Assistant Secretary for Consular Affairs,
SUPPLEMENTARY INFORMATION: We will Act: A Legacy For Users (Pub. L. 109–
Department of State. post all comments we receive, without 59) established the BEG program. The
[FR Doc. E7–19730 Filed 10–4–07; 8:45 am] change, to, program is a discretionary grant
including any personal information you program that provides funding for
provide. Using the search function of border commercial motor vehicle (CMV)
our docket Web site, anyone can find safety programs and related enforcement
DEPARTMENT OF TRANSPORTATION and read the comments received into activities and projects. An entity or a
any of our dockets, including the name State that shares a land border with
Federal Aviation Administration of the individual sending the comment another country is eligible to receive
(or signing the comment for an grant funding. To apply for funding,
[Summary Notice No. PE–2007–35]
association, business, labor union, etc.). applicants must register with the
Petitions for Exemption; Summary of You may review DOT’s complete Web site (http://
Petitions Received Privacy Act Statement in the Federal
Register published on April 11, 2000 get_registered.jsp) and submit an
AGENCY: Federal Aviation (65 FR 19477–78). application in accordance with
Administration (FAA), DOT. instructions provided. Applications for
Tyneka Thomas (202) 267–7626 or grant funding must be submitted
exemption received. electronically to the FMCSA through the
Frances Shaver (202) 267–9681, Office
SUMMARY: This notice contains a of Rulemaking, Federal Aviation Web site.
summary of certain petitions seeking Administration, 800 Independence DATES: FMCSA will initially consider
relief from specified requirements of 14 Avenue, SW., Washington, DC 20591. funding of applications submitted by
CFR. The purpose of this notice is to November 1, 2007 by qualified
improve the public’s awareness of, and This notice is published pursuant to
14 CFR 11.85. applicants. If additional funding
participation in, this aspect of FAA’s remains available, applications
regulatory activities. Neither publication Issued in Washington, DC, on October 1, submitted after November 1, 2007 will
of this notice nor the inclusion or 2007. be considered on a case-by-case basis.
omission of information in the summary Pamela Hamilton-Powell, Funds will not be available for
is intended to affect the legal status of Director, Office of Rulemaking. allocation until such time as FY2008
any petition or its final disposition.
appropriations legislation is passed and
DATES: Comments on petitions received Petitions for Exemption
signed into law.
must identify the petition docket
number involved and must be received Docket No.: FAA–2007–29293. FOR FURTHER INFORMATION CONTACT: Mr.
on or before October 25, 2007. Petitioner: Amerijet International, Inc. Milt Schmidt, Federal Motor Carrier
ADDRESSES: You may send comments Section of 14 CFR Affected: 14 CFR Safety Administration, Office of Safety
identified by Docket Number FAA– 63.37(b)(1) of part 63, appendix C, Programs, North American Borders
2007–29293 using any of the following paragraph (a)(3)(iv)(a). Division (MC–ESB), 202–366–4049,
methods: 1200 New Jersey Ave., SE., Washington,
Description of Relief Sought: To allow
• Governmentwide rulemaking web DC 20590. Office hours are from 7:30
Amerijet to train its airframe and
site: Go to a.m. to 4 p.m., e.t., Monday through
powerplant mechanics in accordance
and follow the instructions for sending Friday, except Federal holidays.
your comments electronically. with a flight time standard through the
use of a Level C or D simulator. Issued on: September 28, 2007.
• Mail: Send comments to the Docket
yshivers on PROD1PC62 with NOTICES

Management Facility; U.S. Department William A. Quade,

[FR Doc. E7–19669 Filed 10–4–07; 8:45 am]
of Transportation, 1200 New Jersey Associate Administrator for Enforcement and
Avenue, SE., West Building Ground Program Delivery.
Floor, Room W12–140, Washington, DC [FR Doc. E7–19677 Filed 10–4–07; 8:45 am]
20590. BILLING CODE 4910–EX–P

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