EDV Lottery 2019 Eligibility Frequently Asked Questions | DV Eligibility FAQs

EDV Lottery 2019 Eligibility Frequently Asked Questions

  1. What do the terms “native” and “chargeability” mean?

Native ordinarily means someone born in a particular country, regardless of the individual’s current country of residence or nationality. Native can also mean someone who is entitled to be charged to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act.

Because there is a numerical limitation on immigrants who enter from a country or geographic region, each individual is charged to a country. Your chargeability refers to the country towards which limitation you count. Your country of eligibility will normally will be the same as your country of birth.

However, you may choose your country of eligibility as the country of birth of your spouse, or the country of birth of either of your parents if you were born in a country in which neither parent was born, and in which your parents were not resident at the time of your birth. These are the only three ways to select your country of chargeability.

Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) will disqualify your entry.

 

  1. Can I still apply if I was not born in a qualifying country?

There are two circumstances in which you still might be eligible to apply. First, if your derivative spouse was born in an eligible country, you may claim chargeability to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together using your DVs. Similarly, your minor dependent child can be “charged” to a parent’s country of birth.

Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth. People are not generally considered residents of a country in which they were not born or legally naturalized, if they were only visiting, studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of a company or government of a country other than the one in which you were born.

If you claim alternate chargeability through either of the above, you must provide an explanation on the E-DV Entry Form, in question #6.

Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) will disqualify your entry.

 

  1. Why do natives of certain countries not qualify for the DV program?

DVs are intended to provide an immigration opportunity for persons who are not from “high admission” countries. U.S. law defines “high admission countries” as those from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the previous five years. Each year, U.S. Citizenship and Immigration Services (USCIS) counts the family and employment immigrant admission and adjustment of status numbers for the previous five years to identify the countries that are considered “high admission” and whose natives will therefore be ineligible for the annual Diversity Visa program. Since USCIS makes this calculation annually, the list of countries whose natives are eligible or not eligible may change from one year to the next.

  1. How many DV-2019 visas will go to natives of each region and eligible country?EDV Lottery 2019 Eligibility Frequently Asked Questions

United States Citizenship and Immigration Services (USCIS) determines the regional DV limits for each year according to a formula specified in Section 203(c) of the Immigration and Nationality Act (INA). The number of visas the Department of State eventually will issue to natives of each country will depend on the regional limits established, how many entrants come from each country, and how many of the selected entrants are found eligible for the visa.

No more than seven percent of the total visas available can go to natives of any one country.

 

  1. What are the requirements for education or work experience?

U.S. immigration law and regulations require that every DV entrant must have at least a high school education or its equivalent or have two years of work experience within the past five years in an occupation that requires at least two years of training or experience. A “high school education or equivalent” is defined as successful completion of a 12-year course of elementary and secondary education in the United States OR the successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States.

Only formal courses of study meet this requirement; correspondence programs or equivalency certificates (such as the General Equivalency Diploma G.E.D.) are not acceptable. You must present documentary proof of education or work experience to the consular officer at the time of the visa interview.

If you do not meet the requirements for education or work experience, your entry will be disqualified at the time of your visa interview, and no visas will be issued to you or any of your family members.

              6. What occupations qualify for the DV program?

The Department of State will use the U.S. Department of Labor’s (DOL) O*Net OnLine database to determine qualifying work experience. The O*Net OnLine database categorizes job experience into five “job zones.” While the DOL website lists many occupations , not all occupations qualify for the DV program.

To qualify for a DV on the basis of your work experience, you must have, within the past five years, two years of experience in an occupation classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.

If you do not meet the requirements for education or work experience, your entry will be disqualified at the time of your visa interview, and no visas will be issued to you or any of your family members.

7. How can I find the qualifying DV occupations in the Department of Labor’s O*Net OnLine database?

When you are in O*Net OnLine, follow these steps to determine if your occupation qualifies:
1. Under “Find Occupations” select “Job Family” from the pull down menu;
2. Browse by “Job Family,” make your selection, and click “GO;”
3. Click on the link for your specific occupation; and
4. Select the tab “Job Zone” to find the designated Job Zone number and Specific Vocational Preparation (SVP) rating range.

As an example, select Aerospace Engineers. At the bottom of the Summary Report for Aerospace Engineers, under the Job Zone section, you will find the designated Job Zone 4, SVP Range, 7.0 to < 8.0. Using this example, Aerospace Engineering is a qualifying occupation.

 

For additional information, see the Diversity Visa – List of Occupations webpage.

8. Is there a minimum age to apply for the E-DV Program?

There is no minimum age to apply, but the requirement of a high school education or work experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18.

 

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