Posted On: October 28, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, October 28, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – General
What is PIMS? What is CLAIMS?

Answer #1
PIMS stands for Petition Information Management System which is an electronic report generated by the Department of State’s (DOS) Kentucky Consular Center (KCC) that collects nonimmigrant visa petition approval information from the USCIS.

CLAIMS stands for Computer Linked Application Information Management System. CLAIMS provides USCIS employees with automated support for adjudicating cases and processing various notices, among other things. CLAIMS capabilities include case tracking, status update, notice reporting, and document production.


Question #2 – H4 – Dependent Visa
My H1B visa was approved and notice sent to Consulate. My wife and child wish to come to U.S. with me. Can I apply for my wife and child during my H1B consulate interview? Please advise.

Answer #2
If the beneficiary or the beneficiary’s spouse/children are outside the United States and the beneficiary wishes to apply for a derivative visa (referred to as an H4 visa) abroad, and the H4 visa application can be made and is available on walk-in basis at the U.S. Consulate abroad along with or after the grant of the H1B approval. No other processing is required for an H4 visa abroad. Contact the consulate abroad or an Information Officer at the United States Department of State Visa Office at 202.663.1225 for the procedures or documents that may be required.


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP?

Answer #3
As of October 21, 2011, there were approximately 18,800 H-1B Regular CAP subject nonimmigrant visas remaining and the H-1B Masters CAP has been reached. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.


Question #4 – Employment Based Immigration – Green Card
I am a Pakistani National but was born in UAE. Should i be applying for Green Card on the basis of my country of birth or nationality?

Answer #4
It is based on country of birth, since you are not from China, India, Mexico or the Philippines, your case would fall under ‘All Chargeability Areas’ and the time period whether from Pakistan or the United Arab Emirates would be the same.


Question #5 – Family Based Immigration – Green Card
At what stage of family based green card does the priority date attach?

Answer #5
A priority date is assigned in a family based green card immigration proceeding when the I-130 petition is received by the USCIS.


Question #6 – Employment Based Immigration – Green Card
Has the suspension been lifted for the issuance of Prevailing wage determinations for PERM?

Answer #6
As of October 24, 2011 -
The Office of Foreign Labor Certification provided the following update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011
"Current" carries a different meaning in each program. A prevailing wage determination is "current" in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, "current" is within 30 days of submission in accordance with the program's regulations. These dates may be subject to change based on actions not anticipated by the Department at this time such as any additional judicial determinations. The PWD appeals are being processed as resources allow with priority being placed on becoming current on initial PWD requests in each of the respective program areas.


Question #7 – Employment Based Immigration – Green Card
At what stage of employment based green card does the priority date attach?

Answer #7
A priority date is assigned in an employment based green card immigration proceeding when the labor application is submitted to the Department of Labor (DOL). If no labor application is required for the preference category, then the priority date is assigned when the I-140 Immigrant Petition is received by the USCIS.


Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
We have an employee that has a U.S. Master’s degree; we noticed Masters CAP exemption was reached. Do we have to wait until next year to file for her H-1B work visa? Is there any way around this?

Answer #8
Petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once the USCIS has received sufficient petitions to reach the advanced degree exemption.


Question #9 – Employment Based Immigration – Green Card
Can you premium processing the GC process?

Answer #9
You may only premium process the I-140 Immigrant Petition, which is the petition that is filed after the labor application is certified by the Department of Labor (DOL). You cannot speed up the process of labor certification with the DOL, nor the process of adjudicating the Adjustment of Status petition with the USCIS.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have heard from friends and by reading the forums that the Consulates are very strict and ask for original I-797 approval notice but my employer is not willing to give me the original, they only provide me with bottom portion of original. Can I request USCIS to give me another original to take to Consulate? Is there anything I can do, I do not want rejected based on me not having original I-797 approval?

Answer #10
You do not need the entire original I-797 approval notice to schedule/attend a Consulate interview. Consular Officers are able to verify all approved petitions through the PIMS or CLAIMS system, and therefore the I-797 original notice is not required in order to verify that the petition has been approved. Additionally, the original I-797 notice clearly provides that the bottom portion may be torn off and provided to the applicant to be used for purposes of applying for a visa at a Consulate abroad.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, November 11, 2011!

Please remember to submit your questions/comments on our H1B Visa Lawyer Blog.

Posted On: October 27, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 21, 2011, 46,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 21, 2011, 20,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

Petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption.

*USCIS will continue to accept H-1B petitions until a sufficient number of petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2012 H-1B CAP updates!

Posted On: October 26, 2011

LATEST UPDATE: DOL Processing of Prevailing Wage Determinations

As of October 24, 2011 -
The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:

PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011

"Current" carries a different meaning in each program. A prevailing wage determination is "current" in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, "current" is within 30 days of submission in accordance with the program's regulations. These dates may be subject to change based on actions not anticipated by the Department at this time such as any additional judicial determinations. The PWD appeals are being processed as resources allow with priority being placed on becoming current on initial PWD requests in each of the respective program areas.


Original Update: The OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule was published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC.

Source: AILA Doc. No. 11102421

Posted On: October 25, 2011

USCIS to return to existing process of sending I-797 Originals to G-28 Attorneys on Record

USCIS Director, Alejandro N. Mayorkas has announced that the USCIS will resume the existing process of sending all I-797 original notices to the G-28 Attorney on Record and not the Employer. The Employer will receive only courtesy copies. Director Mayorkas made this decision after receiving valuable feedback from USCIS Stakeholders. Unfortunately, this change will not go into effect for another six weeks due to programming issues.

A year ago, USCIS initiated an internal system change that altered where we send receipt
notices (I-797). Last month, when the change went into effect, we heard from
stakeholders that this change had an unintended negative external impact. We scheduled
a stakeholder meeting, gained an understanding of the impact, and have decided to return
to our previous practice of sending the original notice to the attorney or accredited
representative’s address listed on the Form G-28. A copy will be sent to the address
provided by the applicant or petitioner in the applicable form. This change will take
effect in approximately six weeks due to the need to re-program our system. We
appreciate the feedback you provided.

I look forward to continued collaboration with you on matters of importance to our
nation’s economic prosperity and those whom we serve.

Alejandro N. Mayorkas
Director
U.S. Citizenship and Immigration Services
Department of Homeland Security

Posted On: October 24, 2011

MVP "Immigration Q & A Forum" - This Friday, October 28th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 28th, 2011. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Posted On: October 20, 2011

Updated Service Center Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 18th, 2011 with processing dates as of August 31, 2011.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

Posted On: October 18, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 14, 2011, 43,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 14, 2011, 19,600 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2012 H-1B CAP updates!

Posted On: October 14, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, October 14, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – General
I was able to file I-485 applications for myself and my wife in July and since then we have received the combined EAD/AP card. Can my wife now apply for a SSN? My health insurance coverage is requesting that she obtain a SSN.

Answer #1
Yes, your wife can now apply for a Social Security Number. She will need to take her valid Employment Authorization Document (EAD), her passport, birth certificate and the completed application to the local Social Security Administration office to apply.


Question #2 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under H1B CAP? MASTER’S CAP?

Answer #2
As of October 7, 2011, there were approximately 24,000 H-1B Regular CAP subject nonimmigrant visas remaining and 900 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #3 – Employment Based Immigration – Green Card
Has the suspension been lifted for the issuance of Prevailing wage determinations? Please provide an update.

Answer #3
As of October 14, 2011 – More AILA members are beginning to receive PERM prevailing wage determinations for requests that were submitted in late July 2011 (OES based). Notice has not yet been provided by the DOL that the suspension has been lifted.

As of September 30, 2011 – More AILA members are beginning to receive PERM prevailing wage determinations for requests that were submitted in early July 2011 (OES based). Notice has not yet been provided by the DOL that the suspension has been lifted.

As of September 15, 2011 - DOL Liaison has received reports that AILA members are beginning to receive PERM prevailing wage determinations for requests that were submitted as recently as June 23, 2011.

As of September 9, 2011 - Of the approximately 3,500 H-2B wage redeterminations to be completed by the end of September, DOL has completed approximately 2,700. DOL expects to be current on H-2B redeterminations by the week of Sept 18, 2011. After H-2B redeterminations are current, a few employees will continue to work on “straggler” H-2B cases and all others who were working on redeterminations will be reassigned to work on new H-2B prevailing wage requests. DOL expects H-2B prevailing wage determinations to be current (regulatory 30 days) by mid-October. After H-2Bs are current, DOL will shift resources to focus on PERM prevailing wage requests. DOL commits to have PERM prevailing wage requests current (processed within 60 days of filing) by November 1. DOL commits to have H-1B prevailing wage determinations current by the second week of November. The aforementioned dates were said to be the “worse case scenario,” absent something catastrophic (e,g. hurricane) or other major event/change. DOL agreed that stakeholders would benefit from updates on progress made toward these processing targets, and would consider publishing an update on the status of prevailing wages at the end of September on the OFLC website. DOL repeated that it will not waive any of the regulatory requirements and did not provide any additional guidance on alternative avenues for PERM cases that are ripe for filing but for the lack of a prevailing wage determination.

As of August 25, 2011 - The Department of Labor (DOL) Liaison has received reports from members that PERM prevailing wage determinations are beginning to be received for requests submitted in early June 2011. Additionally, the American Immigration Lawyers Association (AILA) has been in discussions with other stakeholders on possible courses of action, including individual mandamus actions, if DOL does not resume issuing prevailing wage determinations promptly.

Original Update: The OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule was published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC.


Question #4 – Employment Based - Green Card
I would like to ask - i have a pending eb3 application with priority date on May 2007 but a new employment visa is offered to me - h1b. Can i be approved with the said visa even if i have pending eb3 application? Thank you.

Answer #4
It depends. You have not provided enough information to provide a solid answer to your question. The temporary H-1B nonimmigrant visa is a different process than the Employment Based Green Card process. I would recommend that you contact an experienced Immigration Attorney to discuss your eligibility. Please feel free to contact our office to schedule a consultation.


Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
We received approval from USCIS for H-1B for our new employee. Our new employee scheduled consulate interview and was denied visa, how is this possible?

Answer #5
Form I-797 indicates that the approval is not a visa, only the U.S. Consulates have the authority to grant or deny a nonimmigrant visa. If an individual has an H1B petition approved by USCIS that does not mean that the U.S. Consular Officer will automatically issue the H1B visa. The Consular Officer may ask a serious of questions and if they believe that the information obtained during the questioning was not information available at the time of the USCIS’s approval of the petition, they will likely issue a denial and provide a written explanation as to why the visa was denied.


Question #6 – Family Based Immigration – Green Card
My wife arrived in the U.S. about three (3) weeks back. She went through Consular Processing and received temporary LPR stamp valid for one year. When should we be receiving her physical Green Card? Do we need to go to Airport again for issuance or will the USCIS send the Green Card to her?

Answer #6
The USCIS should send/mail the Green Card to the address they have listed. If you have not received the Green Card within 60 days from her arrival, contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283.


Question #7 – Diversity Lottery (DV)
Can I apply for DV now?

Answer #7
Yes, applications for the DV 2013 random lottery are being accepted electronically until Saturday, November 5, 2011.


Question #8 – Temporary Work Visas – H-1B Nonimmigrant Visa
The Processing Time Table indicates it takes about 2 months to process H1B. So I am not sure why I have not received decision yet, my case was filed in June. Can you tell me why it is taking so long?

Answer #8
Although the USCIS processing times may state 2 months, you have to factor in that when it is posted, that data is already 45 days old. Also, due to the FY2012 H-1B CAPS still being available, the USCIS is busy with attempting to adjudicate change of status petitions, extensions and transfers all within the same processing times. Although this explanation is not an excuse, you should be aware of the background with the processing times for the H-1B nonimmigrant visa.


Question #9 – Family Based Immigration – Green Card
What happens if my wife and I do not file to remove the conditions on her permanent residency?

Answer #9
If you do not apply to remove the conditions near the expiration of her two-year conditional period then the permanent residency automatically expires and she is subject to deportation and removal. To avoid this, within 90 days of the expiration of the conditional period, she must file Form I-751, Petition to Remove Conditions on Residence.


Question #10 – Marriage Based Immigration –Green Card
My spouse and I have been called for Stokes interview. What exactly is a “Stokes” interview?

Answer #10
A “Stokes” interview is the last opportunity the USCIS provides for you and your spouse to prove the bona fides of your marriage. If the USCIS does not think that your marriage is legitimate, they will schedule a “Stokes” interview. The husband and wife are separately questioned by a USCIS Officer regarding their relationship history, daily interactions, relationship in general, and presence on social networking websites, etc. The interview/questioning is recorded and an attorney is permitted to attend.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, October 28th, 2011!

Please remember to submit your questions/comments on our H1B Visa Lawyer Blog.

Posted On: October 13, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 7, 2011, 41,000 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 7, 2011, 19,100 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2012 H-1B CAP updates!

Posted On: October 10, 2011

MVP "Immigration Q & A Forum" - This Friday, October 14th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 14th, 2011. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Posted On: October 7, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of September 23, 2011, 36,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of September 23, 2011, 17,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2012 H-1B CAP updates!

Posted On: October 7, 2011

Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of October 1, 2011.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 22 months; for an I-129 L1 Appeal - 23 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 29 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 34 months.

**Most other cases are within USCIS's processing time goal of 6 months or less.

Posted On: October 6, 2011

NOVEMBER 2011 VISA BULLETIN

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2011 Visa Bulletin.

The November 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

Posted On: October 4, 2011

APPLY TODAY for the 2013 Diversity Visa (DV) Lottery – ONLY ONLINE ENTRIES ACCEPTED

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV 2013 random lottery will be accepted Tuesday, October 4, 2011 through Saturday, November 5, 2011. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period.

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. For DV-2013, persons born in Hong Kong SAR, Macau SAR, Taiwan, South Sudan and Poland are eligible.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

To enter the DV lottery , you must be a native of one of the eligible countries. In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2013 program.

You must also meet either the education or work experience requirement of the DV program. You 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. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

Diversity Visa (DV) Lottery Instructions

From May 1, 2012, DV-2013 entrants will be able to use their unique confirmation number provided at registration to check online through Entry Status Check to see if their entry was selected. Successfull entrants will receive instructions on how to apply for immigrant visas for themselves and their eligible family members. Confirmation of visa interview appointments will also be made through Entry Status Check.

Posted On: October 3, 2011

APPLY BEGINNING October 4, 2011 for the 2013 Diversity Visa (DV) Lottery – ONLY ONLINE ENTRIES ACCEPTED

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV 2013 random lottery will be accepted Tuesday, October 4, 2011 through Saturday, November 5, 2011. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period.

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. For DV-2013, persons born in Hong Kong SAR, Macau SAR, Taiwan, South Sudan and Poland are eligible.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

To enter the DV lottery , you must be a native of one of the eligible countries. In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2013 program.

You must also meet either the education or work experience requirement of the DV program. You 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. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

Diversity Visa (DV) Lottery Instructions