Proposed Rule2025-14784
Visas: Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa Program
Primary source
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Published
August 5, 2025
Issuing agencies
State Department
Abstract
The Department of State ("Department") proposes to amend regulations governing the Diversity Immigrant Visa Program ("DV Program") to improve the integrity and combat fraud in the program. The Department proposes to require petitioners to the DV Program to provide valid, unexpired passport information and a scan of the biographic and signature page uploaded to their electronic entry form, or otherwise indicate that they are exempt from this requirement. Additionally, the Department also proposes to standardize and amend language in 22 CFR part 42, including by adding the word "shall" to simplify guidance for consular officers; ensuring the use of the term "sex" in lieu of "gender" as mandated by Executive Order 14168; and replacing the term "age" in 22 CFR 42.33(h)(1)(i) with the phrase "date of birth" to accurately reflect the information collected and maintained by the Department during the immigrant visa process.
Full Text
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<title>Federal Register, Volume 90 Issue 148 (Tuesday, August 5, 2025)</title>
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[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Proposed Rules]
[Pages 37437-37445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14784]
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DEPARTMENT OF STATE
22 CFR Part 42
[Public Notice: 12281]
RIN 1400-AF76
Visas: Enhancing Vetting and Combatting Fraud in the Diversity
Immigrant Visa Program
AGENCY: Department of State.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of State (``Department'') proposes to amend
regulations governing the Diversity Immigrant Visa Program (``DV
Program'') to improve the integrity and combat fraud in the program.
The Department proposes to require petitioners to the DV Program to
provide valid, unexpired passport information and a scan of the
biographic and signature page uploaded to their electronic entry form,
or otherwise indicate that they are exempt from this requirement.
Additionally, the Department also proposes to standardize and amend
language in 22 CFR part 42, including by adding the word ``shall'' to
simplify guidance for consular officers; ensuring the use of the term
``sex'' in lieu of ``gender'' as mandated by Executive Order 14168; and
replacing the term ``age'' in 22 CFR 42.33(h)(1)(i) with the phrase
``date of birth'' to accurately reflect the information collected and
maintained by the Department during the immigrant visa process.
DATES: Written comments and related materials must be received on or
before midnight Eastern Daylight Time on September 19, 2025.
ADDRESSES: Interested parties may submit comments, identified by
Department docket number DOS-2025-0001 or RIN 1400-AF76, through the
Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
website instructions for submitting comments. A summary of this rule is
also available at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching for RIN 1400-AF76.
Comments submitted in a manner other than the one listed above,
including via emails or letters sent to Department officials, will not
be considered comments on the NPRM, and may not be considered by the
Department.
FOR FURTHER INFORMATION CONTACT: Visa Services, Bureau of Consular
Affairs, Department of State; telephone: (202) 486-7586; email:
<a href="/cdn-cgi/l/email-protection#3c6a554f5d6e595b4f7c4f485d4859125b534a"><span class="__cf_email__" data-cfemail="f6a09f8597a4939185b68582978293d8919980">[email protected]</span></a>.
Public Participation: The Department invites all interested parties
to submit written data, views, comments, and arguments on all aspects
of this proposed rule. Comments must be submitted in English, or an
English translation must be provided. Comments that will provide the
most assistance to the Department in implementing this change will
reference a specific portion of the NPRM, explain the reason for any
recommended change, and include information that supports the
recommended change.
Instructions: If you submit a comment, you must include the RIN
1400-AF76 for this NPRM in the title or body of the comment. Submitted
[[Page 37438]]
comments will be publicly posted to the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, you may wish to consider limiting the
amount of personal information that you provide. The Department may
withhold from public viewing information provided in comments that it
determines offensive. You should not submit case inquiries or include
case numbers in your comment. For additional information, please read
the Privacy Act notice available in the footer at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Docket: For access to the docket and to read background documents
or comments received, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, referencing Department
Docket Number DOS-2025-0001. You may also sign up for email alerts on
the online docket to be notified when comments are posted or a final
rule is published.
SUPPLEMENTARY INFORMATION:
I. Background
The DV Program is administered by the Department of State. Section
203(c) of the Immigration and Nationality Act (``INA''), 8 U.S.C. 1101
et seq., makes diversity visas available to aliens who are ``natives''
of ``low-admission'' states, subject to certain numerical limitations.
The INA defines ``low-admission states'' as those with equal to or
fewer than 50,000 natives admitted to the United States during the most
recent five-year period. INA section 203(c)(1)(B)(ii). Millions of
petitioners register annually for the DV Program through an electronic
entry form.\1\
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\1\ Aliens who enter the DV Program are referred to as
``petitioners.'' Petitioners in the DV Program who are selected are
referred to as ``selectees'' for a Diversity Immigrant Visa. The
Department's Electronic Diversity Visa website. <a href="https://dvprogram.state.gov/">https://dvprogram.state.gov/</a>.
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Under section 204(a)(1)(I)(iii) of the INA, petitions (also
referred to as ``entries'') for the DV Program must be in the form
prescribed in regulations by the Secretary of State (``Secretary'') and
contain all information and be supported by documentary evidence that
the Secretary requires. As provided in Department regulations at 22 CFR
42.33, the entry form collects information on the petitioner's full
name; date and place of birth; sex; native country, if different from
place of birth; current mailing address; and location of the consular
post nearest to their residence, where the application for a diversity
immigrant visa (``DV'') should generally be adjudicated if the
petitioner is selected and scheduled for an interview through the DV
Program. The electronic entry form also collects information about the
names, dates, and places of birth of the petitioner's spouse and
children.
After the close of the DV Program entry period,\2\ certain
petitioners are selected through a randomized computer drawing
(``selectees''), and selectees may apply for a DV or, if physically
present in the United States and otherwise eligible, may apply to
adjust status as a diversity immigrant, see INA section 245(a). Under
section 201(e) of the INA, the number of available DVs each year is
55,000.\3\ To be issued an immigrant visa as a diversity immigrant,
individuals must establish their qualifications and eligibility for the
visa in accordance with the INA and Department regulations.
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\2\ A full description of the Diversity Visa Program, including
information about each step in the process, can be found at: <a href="https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-submit-entry1.html">https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-submit-entry1.html</a>.
\3\ While section 201(e) of the INA authorizes the allocation of
55,000 diversity visas annually, up to 5,000 of these visas may be
set aside for use under the Nicaraguan Adjustment and Central
American Relief Act, as amended by the National Defense
Authorization Act for Fiscal Year 2024. See Public Law 105-100,
203(d) (1997) (8 U.S.C. 1151 note); Public Law 118-31, 5104 (2023).
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II. Fraud and Criminal Entities Hijacking the Process
The Department has historically encountered significant numbers of
fraudulent entries for the DV Program each year, including entries
submitted by third parties, some of them criminal enterprises, on
behalf of individuals without their knowledge. Unauthorized third
parties will often then contact the unwitting individual, inform them
of the opportunity to apply for a DV, and hold the entry information
from the petitioner in exchange for payment or to coerce the petitioner
to be complicit in certain acts of fraud. This type of fraud is
prevalent enough that the Federal Trade Commission addressed it in a
2012 YouTube video about DV fraud.\4\
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\4\ Diversity Visa Lottery Scams [verbar] Federal Trade
Commission--YouTube, available at <a href="https://www.youtube.com/watch?v=mOnSN8Pbak0">https://www.youtube.com/watch?v=mOnSN8Pbak0</a>.
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One of the more egregious examples of large-scale third-party fraud
occurred in 2012 when Embassy Dhaka (Bangladesh) reported through
official channels that one IP address was responsible for more than
634,000 entries. Bangladeshi authorities investigated the facilitators
and found computers with thousands of applications, along with fake
education documents and staged marriage photos.
Similarly, a Department Office of the Inspector General (OIG)
report \5\ highlighted Embassy Kyiv's (Ukraine) account of organized
fraud rings masquerading as travel agencies taking control of the DV
Program in Ukraine. By buying, stealing, or otherwise obtaining from
public sources, personal information about Ukrainian citizens, the
fraud ring entered these Ukrainian citizens' names in the online DV
Program website, often without their permission or awareness. The fraud
ring then contacted hundreds of Ukrainian selectees and required them
to pay up to $15,000 to obtain the confirmation number. If the selectee
could not pay, the fraud ring often insisted that he or she enter into
a sham marriage with a person who had expressed interest in immigrating
to the United States. In such a case, the ``sham spouse'' would pay a
substantial amount of money to be paired with a DV selectee. This type
of fraud continues to be widespread.
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\5\ ISP-I-13-45A Department of State, OIG, Inspection of Embassy
Kyiv, Ukraine, September 2013.
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Another form of fraud involves the creation or submission of false
documents that the scammer claims will enhance a petitioner's chances
of selection or approval. This can include counterfeit educational
documents, fake work experience letters, or manipulated photographs as
evidence of a marital relationship. In 2023, Embassy Phnom Penh
(Cambodia) reported seeing old ID photos that fixers had photoshopped
by changing the clothes or background to attempt to circumvent the
requirement for a recent photo. The report stated that visa scammers in
Cambodia can charge fees ranging from $5,000 to $30,000 to prepare a DV
case, including providing fake education or work documents. Embassy
Chisinau (Moldova) also reported a collaborative effort in 2023 from
their consular section and Overseas Criminal Investigations Unit (OCIU)
that detected and thwarted a scheme by a corrupt university official
who provided some DV winners with fraudulent diplomas.
To protect Americans and U.S. interests from persons who intend to
threaten U.S. national security, the Department continues to take steps
to reduce the fraud in the DV petition and application process.
Requiring passport information on the DV petition would make it much
more difficult for unauthorized third parties to enter someone with
partial information. This measure would also enable the Department to
more effectively and efficiently confirm petitioners' identities. The
Department also anticipates that these measures would decrease the
number of fraudulent marriages encountered in the DV program.
Identifying fraudulent petitioners at the petition stage saves time and
effort on the part of
[[Page 37439]]
adjudicating officers who otherwise dedicate significant resources
trying to clarify discrepancies between a petitioner's DV petition and
the visa application, and whether the petitioner's explanation is
credible or the petition was fraudulent.
III. Passport Requirement Would Reduce Fraud and Aid in Identity
Verification
Under this proposed rule, the Department would amend 22 CFR
42.33(b)(1) regarding the information required on DV entry forms to
require the petitioner to include the unique serial or issuance number
associated with the petitioner's valid, unexpired passport (as defined
in both INA section101(a)(30) \6\ and 22 CFR 42.64(a) \7\), the name on
the passport, the country or authority of passport issuance, and the
passport expiration date, as well as a scanned version of the
passport's biographic and signature page(s). A similar requirement for
a valid passport number was initially put in place as an Interim Final
Rule in 2019,\8\ which was vacated on procedural grounds in 2022,
corresponding to the 2021, 2022, and 2023 DV Program years.\9\
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\6\ INA sec. 101(a)(30), 8 U.S.C. 1101(a)(30 (``The term
`passport' means any travel document issued by competent authority
showing the bearer's origin, identity, and nationality if any, which
is valid for the admission of the bearer into a foreign country.'').
\7\ 22 CFR 42.64(a) (``Passport, as defined in INA 101(a)(30),
is not limited to a national passport or to a single document. A
passport may consist of two or more documents which, when considered
together, fulfill the requirements of a passport, provided that
documentary evidence of permission to enter a foreign country has
been issued by a competent authority and clearly meets the
requirements of INA 101(a)(30).'').
\8\ See Visas: Diversity Immigrants, 84 FR 25989 (June 5, 2019).
\9\ See E.B. v. U.S. Dep't of State, 583 F. Supp. 3d 58 (D.D.C.
2022). In that case, the court held that the 2019 Interim Final Rule
violated the Administrative Procedure Act because the Department
should have pursued notice and comment rulemaking as it is
undertaking here. Because the registration period for the 2023 DV
Program Year had already taken place at the time of the court's
decision, 2024 was the first Program Year in which the Department no
longer required a passport at the registration period.
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This proposed rule significantly enhances the Department's ability
to confirm the petitioners' identity as directed under the
administration's Executive Order 14161, ``Protecting the United States
from Foreign Terrorists and Other National Security and Public Safety
Threats,'' signed January 20, 2025, which specifically directs the
Secretary of State and other agencies to:
``(ii) determine the information needed from any country to
adjudicate any visa, admission, or other benefit under the INA for
one of its nationals, and to ascertain whether the individual
seeking the benefit is who the individual claims to be and that the
individual is not a security or public-safety threat.'' \10\
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\10\ Exec. Order 14161, 90 FR 8451 (Jan. 20, 2025) (published
Jan. 30, 2025), <a href="https://www.federalregister.gov/documents/2025/01/30/2025-02009/protecting-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety">https://www.federalregister.gov/documents/2025/01/30/2025-02009/protecting-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety</a>.
Mandating valid passport information at the time of the DV Program
entry would augment vetting and screening processes to ensure national
security. It would also make it more difficult for third parties to
submit an unauthorized entry because they are less likely to have the
individual's unique identifiers, protecting potential petitioners by
ensuring that they alone can enter the program using their unique
information. The information provided via a scanned image enhances
identity (and therefore security) by reducing the likelihood of
providing a fabricated passport number. As the Department's systems
modernize, the Department may explore automatically pre-filling certain
data fields [captured from the scan] in the DV Program entry to reduce
typographical errors and entrant burden. In addition, the scan
potentially provides new information--not otherwise collected--that may
be relevant and critical to DV adjudication in ways that applicant
self-disclosure does not provide:
Name: The foundation of all national security vetting starts with
the applicant's name, which appears in the applicant's native alphabet
on the passport. Requiring a scan of the principal applicant's
biographical page will enable adjudicators to compare the spelling of
the principal applicant's name in his or her native alphabet on the
passport with the applicant's own [English-language] spelling in his or
her petition, which may differ. Having this information will also
enable the Department to conduct its security and other identity
vetting measures in reliance on the principal applicant's name as
provided in his or her original language, and to identify the various
transliterations that may be associated with a particular name.
Transliteration refers to the process of writing or printing a letter
or word using the closest corresponding letters of a different alphabet
or script. Likewise, Romanization, or Latinization, describes the
process by which languages that normally do not use the Latin alphabet
are converted into Latin letters. There are often several ways to
Romanize a language. For the Russian language, the Soviet Union
invented several systems, and the United Nations and the International
Organization for Standardization invented two of the others. There are
also several methods for converting names that are Arabic, Japanese, or
Chinese in origin. Some Romanization systems are based on the writing
system of the original language, some are based on speech in the
original language, and some are based on both. In other words, some
Romanization systems are based on transliteration, and others are based
on transcription. Having the official transcription or transliteration
of the principal applicant's name will ensure that our security and
identity vetting starts with this basic official, verified information.
Place of Birth: Like the date of birth, the applicant's place of
birth is foundational to our security, identity vetting, and screening.
The place of birth is also foundational to the rules relating to
foreign state of chargeability, including for purposes of determining
the foreign state of which the principal applicant is a ``native''
under INA section 203(c). The numerical limitations prescribed in INA
sections 201, 202, and 203 apply to foreign states and dependent areas.
An IV applicant subject to these numerical limitations is generally
chargeable to the numerical limitation applicable to the applicant's
place of birth, with certain exceptions described in INA section
202(b). An IV applicant born in a dependent area is chargeable to the
dependent area (to ensure compliance with the dependent-area limitation
imposed in INA section 202), as well as to the foreign state on which
the area is dependent. Currently, entrants to the Diversity Visa
program self-select their foreign state of chargeability from the drop-
down list provided on the DS-5501 form, and this information cannot be
verified until the individual makes his or her application for a visa.
Requiring verification of this information earlier in the program, via
a scan of the biographic information page of the entrant's valid,
unexpired passport, will enable the Department to better assess
selectees' eligibility on the basis of their birth in, and
chargeability to, a ``low-admission'' foreign state--a fundamental
requirement of eligibility for the program under INA section 203(c).
Dates of issue and expiration: Issuance and expiration dates, as
depicted on a passport scan, provide critical information about the
status of the person in his or her own country that would not otherwise
be available to the Department in the review of the applicant's case.
Passports issued for a limited duration may indicate potential lines of
inquiry relevant to a DV
[[Page 37440]]
adjudication. For example, passports with a limited duration may be
issued to fugitives, those indebted to the issuing government or to
those who have outstanding child-support obligations. All this
information may lead to information relevant to security, economic or
other grounds of ineligibility under the INA.
Signature Page: The written signature (or usual mark, for those
unable to sign) in a passport serves several security functions that
help prevent fraud and ensure authenticity. First, it provides a
unique, personal mark that can be compared against other official
documents to confirm the passport holder's identity. Second, since
handwritten signatures are difficult to replicate exactly, they add an
additional layer of security against fraudulent passport alterations.
Third, the signature validates that the passport is issued to the
correct individual. Finally, the written signature page provides
enhanced security screening by allowing adjudicating officers to
compare an applicant's signature with their official records to detect
discrepancies that could indicate identity fraud.
In addition to the above benefits derived from requiring a passport
scan, requiring the unique identifying number of the passport would
also enable the Department to more effectively identify and disqualify
duplicate entries for a given fiscal year, as required under INA
section 204(a)(1)(I)(i). The Department's fraud prevention experts
confirmed that in the FY25 DV Program, over 2.5 million duplicate
entries were disqualified pursuant to INA section 204(a)(1)(I)(i).
Comparatively, during the FY22 DV Program, during which the passport
requirement was in effect, only 760,079 duplicate entries were
disqualified.
As a further example of how this rule can directly reduce fraud in
the DV program, Embassy Tashkent (Uzbekistan) observed a reduction in
the number of DV cases displaying these incomplete data from scammer
submissions in the DV2022 and DV2023 program years, during which the
passport requirement was in effect. The Embassy reported that the
passport requirement temporarily forced visa brokers to update the
biodata in a DV entrant's registration, disrupting the widespread
practice of creating DV entries based on old or incomplete data.
Under the proposed rule, there would be three exceptions to the
passport requirement:
1. The petitioner is stateless.
2. The petitioner is a national of a Communist-controlled country
and unable to obtain a passport from the government of the Communist-
controlled country.
3. The petitioner is the beneficiary of an individual waiver
approved by the Secretary of Homeland Security and the Secretary of
State.
These exceptions are consistent with the passport waivers for
immigrant visa applicants provided for in 22 CFR 42.2(d), (e), and
(g)(2). A petitioner must indicate that he or she falls into one of
these three circumstances on the electronic entry form instead of
providing information from their valid, unexpired passport.\11\ A
petitioner who fails to provide the required information on their entry
form or who claims an exemption for which they are not later found to
qualify may be disqualified. Petitioners would be advised to keep a
scanned copy or photocopy of the passport they use to apply for the DV
Program and may be denied if they are unable to produce sufficient
proof that the passport number on their application was their valid
passport at time of application.
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\11\ If a petitioner indicates on the DS-5501 form that he or
she will request a waiver and is randomly selected to participate in
the DV program, the consular officer will consider a passport waiver
upon the petitioner`s completion of a visa application, consistent
with 9 FAM 201.2-5 and, if appropriate, submit a request to issue a
visa on form DS-232 (Unrecognized Passport or Waiver Cases). When
approved by the Department and DHS (when necessary), the approval
permits the use of the DS-232 in lieu of a passport.
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Department fraud prevention experts confirm that because most
countries' passports adhere to the International Civil Aviation
Organizations (ICAO) standards, which require enhanced security
features and biometric identification, requiring a passport is an
additional effort to vet persons applying for entry to the United
States and identify those who may intend to threaten our national
security and U.S. interests. Passport information (via databases,
personnel, or actual documents) should be the most guarded and
difficult for scammers to access. Asking for a national ID is not as
effective because not all countries, including the United States, have
a national ID, and the reliability of such documents varies from
country to country, but is generally considered lower than that of the
national passport.
The Department also considered alternative means to discourage
unauthorized third-party entries in the DV program but did not identify
any options that could be implemented in countries with varying
internet capacities or alternative unique identifiers that offered the
same reliable means to confirm the petitioner's identity. The
Department considered requiring multi-factor authentication, which
would require the collection of email addresses and phone numbers.
However, those identifiers are more easily obtained or fraudulently
created by third parties. The Department also considered requiring live
photos but ultimately determined that this option was not presently
viable due to technological limitations in the application process.
While the Department anticipates that not all potential DV
petitioners may have a passport at the time of DV entry, this
requirement would significantly advance the Department's ability to
confirm the identity of petitioners and conduct screening and vetting
that are required for national security.
In addition to the passport requirements, the Department would
synchronize all language in this chapter to reflect the use of the term
``sex,'' as directed in Section 2, paragraph (a) in Executive Order
14168, ``Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government,'' signed January 20,
2025.\12\ The Department also proposes to standardize and amend
language in 22 CFR part 42 including adding the word ``shall'' to
simplify guidance for consular officers and replacing the term ``age''
in 22 CFR 42.33(h)(1)(i) with the phrase ``date of birth'' to
accurately reflect the information collected and maintained by the
Department during the immigrant visa process.
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\12\ Exec. Order 14168, 90 FR 8615 (Jan. 20, 2025) (published
Jan. 30, 2025), <a href="https://www.federalregister.gov/documents/2025/01/30/2025-02090/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal">https://www.federalregister.gov/documents/2025/01/30/2025-02090/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal</a>.
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IV. Benefits and Costs
Benefits
The requirement to include information from the alien's valid,
unexpired passport at the time of entry to the DV Program would protect
U.S. national security by enabling the Department to confirm a
petitioner's identity at the entry stage and would help to deter third
party or criminal organizations from submitting unauthorized and
fraudulent entries. The requirement to provide a scanned image enhances
identity (and therefore security) by reducing the likelihood of
providing a fabricated passport number and will enable adjudicators to
compare the spelling of the principal applicant's name in his or her
native alphabet on the passport with the applicant's own English-
language spelling in his or her
[[Page 37441]]
petition. Having this information will also enable the Department to
conduct its security and other identity vetting measures in reliance on
the principal applicant's name as provided in his or her original
language, and to identify the various transliterations that may be
associated with a particular name.
Additionally, knowing an alien's place of birth will enable the
consular adjudicator to confirm the foreign state of which the
principal applicant is a ``native'' under INA section 203(c). The
numerical limitations prescribed in INA sections 201, 202, and 203
apply to foreign states and dependent areas. An IV applicant subject to
these numerical limitations is generally chargeable to his or her place
of birth, with certain exceptions described in INA section 202(b). An
IV applicant born in a dependent area is chargeable to the dependent
area (to ensure compliance with the dependent-area limitation imposed
in INA section 202), as well as to the foreign state on which the area
is dependent. Currently, entrants to the Diversity Visa program self-
select their foreign state of chargeability from the drop-down list
provided on the DS-5501 form, and this information cannot be verified
until the individual makes his or her application for a visa. Requiring
verification of this information earlier in the program, via a scan of
the biographic information page of the entrant's valid, unexpired
passport, will enable the Department to better assess selectees'
eligibility on the basis of their birth in, and chargeability to, a
``low-admission'' foreign state--a fundamental requirement of
eligibility for the program under INA section 203(c).\13\
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\13\ The Department acknowledges there may be cases in which the
petitioner may benefit from chargeability derived from a spouse or
other family member, consistent with INA 202(b) and 22 CFR 42.12.
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Finally, collection of the dates of issue and expiration can
provide critical information about the status of the person in his or
her own country that would not otherwise be available to the Department
in the review of the applicant's case. For example, passports issued
for a limited duration period may indicate potential lines of inquiry
that a consular officer finds relevant to a DV adjudication. All this
information may lead to information relevant to security, economic or
other grounds of ineligibility under the INA. The requirement to
collect the signature page likewise serves several security functions
and ensures both authenticity and that the passport was issued to the
correct individual.
Costs
This proposed regulation would require some petitioners to obtain a
passport at the time of application to the DV Program rather than after
being selected for an interview. According to research conducted by the
Visa Office of the Department's Bureau of Consular Affairs, the average
price of a passport in countries that are eligible to participate in
the DV Program is $74.43.\14\ The Department seeks public comment on
the accuracy of its estimate of the average price of a passport in DV
Program eligible countries as well as the unquantified burdens of
obtaining a passport in those countries.
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\14\ Statistics were compiled by reviewing publicly available
information provided by foreign governments of DV-eligible
countries. Currency conversions were completed using a leading
commercial currency conversion source. For many countries, the fee
for obtaining a passport was not clearly available on public
sources. The Department also notes that there may be additional
costs to obtaining a passport beyond the stated fee; the Department
is unable to quantify such additional, unstated, or opportunity
costs.
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The Department estimates that, on average, responding to the new
requirements in this information collection request would take
approximately twenty minutes, which includes gathering the passport,
supplying the number in the application, photographing or scanning the
passport and uploading the image file. The Department estimates five
minutes for the gathering of the passport and supplying the number and
fifteen minutes for scanning and submitting the image. The Department
assumes that most entrants will be able to quickly scan the passport
with a single photo taken by a mobile phone. The International Civil
Aviation Organization's passport specifications indicate that the
signature will normally be on the biographic data page, though it may
also be placed on the page adjacent to or on the back of the data page.
When the signature is not on or adjacent to the data page, the entrant
will need to combine two images into one. Although this can be
accomplished on a mobile phone, it will take more time and skill, and
it is possible that some entrants will seek assistance from a third
party. The Department seeks comment on its estimate of these costs,
including the prevalence of mobile phone usage among the population of
DV program entrants.
To place a cost value on this effort, the Department analyzed wage
data from the International Labor Organization \15\ for countries
eligible to participate in the DV Program for DV-2025.\16\ After
filtering out non-DV eligible countries, 193 countries and territories
remained. The ILO data set indicated the most recent year each
country's data was obtained, which ranged from 2013 to 2023, with most
of the data points being from 2018 and later. The analysis used average
hourly wage when available; if not, minimum hourly wage was
substituted. Most of the data was reported in U.S. dollars. For wages
not listed in U.S. dollars, the wage listed was converted into U.S.
dollars using average conversion rates from the year the data was
obtained. The calculated wage was then averaged across all of the DV-
eligible countries and determined to be $4.56 per hour. When converted
to the 20-minute additional time burden, it yielded a time cost of
$1.52 per response. Multiplied by the number of potential respondents
based on the most recent cycles (25,000,000), the Department estimates
the additional time cost at $38,000,000 globally.
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\15\ See ILO.Org Wage Data Set: <a href="https://rplumber.ilo.org/data/indicator/?id=EAR_4HRL_SEX_OCU_CUR_NB_A&sex=SEX_T&classif1=OCU_SKILL_TOTAL&classif2=CUR_TYPE_LCU+CUR_TYPE_USD&type=label&format=.csv">https://rplumber.ilo.org/data/indicator/?id=EAR_4HRL_SEX_OCU_CUR_NB_A&sex=SEX_T&classif1=OCU_SKILL_TOTAL&classif2=CUR_TYPE_LCU+CUR_TYPE_USD&type=label&format=.csv</a>.
\16\ See Department's DV-2025 Program Instructions: <a href="https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/dv-2025-instructions-translations/DV-2025_Instructions-faqs.pdf">https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/dv-2025-instructions-translations/DV-2025_Instructions-faqs.pdf</a>.
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Requirement Not Expected To Negatively Impact Program Outcomes
The Department does not believe that this requirement would
substantially deter participation by legitimate petitioners, and the
Department notes that petitioners who are selected are already required
to have a passport before moving forward in the process. While the
Department recognizes that the increased burden and cost of obtaining a
passport before entering the DV program could, for the marginally
legitimate entrant, deter participation and result in fewer annual
entrants overall, the Department expects that all the available DVs
will continue to be utilized and security of the program will be
strengthened. The Department is unaware of reliable data on the rates
of passport ownership in DV Program countries. To help better inform
the analysis of benefits and costs of this rule, the Department seeks
comment from the public on the rates of passport ownership in such
countries. As mentioned above in Section III, this requirement was
initially put in
[[Page 37442]]
place in 2019 \17\ and was in effect for the 2021, 2022, and 2023 DV
Program years.\18\ During this time, the Department was able to compare
participation levels \19\ both prior to and during the period in which
aliens were required to include passport information with their DV
entry:
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\17\ See Visas: Diversity Immigrants, 84 FR 25989 (June 5,
2019).
\18\ See E.B. v. U.S. Dep't of State, 583 F. Supp. 3d 58 (D.D.C.
2022). In that case, the court held that the 2019 Interim Final Rule
violated the Administrative Procedure Act because the Department
should have pursued notice and comment rulemaking as it is
undertaking here.
\19\ See Diversity Visa Program Statistics: <a href="https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-program-statistics.html">https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-program-statistics.html</a>.
Table 1--Diversity Visa Program Participation Levels 2016-2023 Program Years
----------------------------------------------------------------------------------------------------------------
Diversity visa program
---------------------------------------------------------------
Program year Entrants Selectees Visas issued
----------------------------------------------------------------------------------------------------------------
Pre-Requirement................................. 2016 11,391,146 91,563 46,718
2017 12,437,190 83,910 49,976
2018 14,692,258 115,968 49,713
2019 14,352,013 87,610 45,889
2020 14,722,798 83,884 * 19,125
Passport Requirement in Place................... 2021 * 6,741,128 132,404 * 18,912
2022 7,336,302 119,021 55,882
2023 9,570,291 119,262 55,076
No Passport Required............................ ** 2024 23,823,436 78,767 54,554
----------------------------------------------------------------------------------------------------------------
* Impacted by COVID-19 pandemic.
** Program Year 2024 data is preliminary until the Department's Annual Report of the Visa Office is published.
Although the Department received fewer entries in the program years
during which this requirement was in effect, in all years the
Department received entries from more individuals from each of the six
geographic regions created by INA section 203(c) than there were
diversity visas available for each region, confirming that the Interim
Final Rule was not unduly burdensome on nationals of any region and did
not affect the Department's ability to fully implement the program as
Congress intended.\20\ In terms of the other language changes noted to
comply with Executive Orders and provide clarity, the Department does
not anticipate these to result in any additional costs.
---------------------------------------------------------------------------
\20\ The Department's most recent data for program year 2023 on
the number of selected entrants by country and region can be found
at <a href="https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/dv-2023-selected-entrants.html">https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/dv-2023-selected-entrants.html</a>.
Historical data for program years 2011-2023 can be found at <a href="https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-program-statistics.html">https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-program-statistics.html</a>.
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Regulatory Findings
A. Administrative Procedure Act
The Secretary of State has determined that all policy related to
visa operations and issuance, among other matters, constitutes a
foreign affairs function of the United States under the Administrative
Procedure Act (5 U.S.C. 553).\21\ However, due to the Department's
interest in seeking public comment on this rulemaking, the Department
is soliciting comments during a 45-day comment period, to which it will
respond in a final rule, should the Department choose to finalize all
or part of this proposal.
---------------------------------------------------------------------------
\21\ See Determination: Foreign Affairs Function of the United
States, 90 FR 12200 (Mar. 14, 2025).
---------------------------------------------------------------------------
B. Regulatory Flexibility Act/Executive Order 13272: Small Business
This proposed rule would not regulate ``small entities'' as that
term is defined in 5 U.S.C. 601(6) and as such would not have a
significant economic impact on a substantial number of small entities.
This NPRM only proposes to regulate individual visa applicants. The
Department affirms that this proposed rule would not have a significant
economic impact on a substantial number of small entities.
C. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement before proposing any rule that
may result in an annual expenditure of $100 million or more by State,
local, or Tribal governments, or by the private sector. This proposed
rule does not require the Department to prepare a statement because it
would not result in any such expenditure, nor would it significantly or
uniquely affect small governments. This proposed rule involves visas,
which involve foreign individuals, and does not directly or
substantially affect state, local, or Tribal governments, or
businesses.
D. Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review), direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. These Executive Orders stress the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. The Office of Information and
Regulatory Affairs has determined that this is a significant regulatory
action under Section 3(f) of Executive Order 12866. A discussion of the
estimated costs and benefits of the proposed rule can be found above
and the Department welcomes comments, including alternative estimates,
on its analysis.
E. Executive Orders 12372 and 13132: Federalism
This proposed regulation would not have substantial direct effects
on the States, on the relationship between the national government and
the States, or the distribution of power and responsibilities among the
various levels of government. This proposed rule would also not have
federalism implications warranting the application of Executive Orders
12372 and 13132.
[[Page 37443]]
F. Executive Order 12988: Civil Justice Reform
The Department has reviewed this proposed rule in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burdens.
G. Executive Order 14192--Unleashing Prosperity Through Deregulation
This rule is exempt from Executive Order 14192 as it is a
regulation issued with respect to a foreign affairs, national security,
homeland security and immigration-related function of the United
States.
H. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
The Department has determined that this proposed rule would not
have Tribal implications, would not impose substantial direct
compliance costs on Indian Tribal governments, and would not pre-empt
Tribal law. Accordingly, the requirements of Section 5 of Executive
Order 13175 do not apply to this rulemaking.
I. Paperwork Reduction Act
The Department invites comment on any burden estimates included in
the proposed collection of information. Comments are encouraged and
will be accepted for 45 days from the publication date of this NPRM.
All submission must include the OMB Control Number 1405-0153 in the
body of the letter and the agency name. You may submit comments by any
of the following methods:
<bullet> Web: Persons with access to the internet may comment on
this notice by going to www.Regulations.gov. You can search for the
document by entering ``Docket Number: DOS-2025-0001'' in the Search
field. Then click the ``Comment Now'' button and complete the comment
form.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#f6a6a4b7a9b48384929398b5999b9b93988285b68582978293d8919980"><span class="__cf_email__" data-cfemail="643436253b26111600010a270b0909010a10172417100510014a030b12">[email protected]</span></a>.
<bullet> Phone: 202-485-7586.
You must include the DS form number (if applicable), information
collection title, and the OMB control number in any correspondence. As
well as current contact information to allow us to respond.
Supplementary Information
<bullet> Title of Information Collection: Electronic Diversity Visa
Entry Form.
<bullet> OMB Control Number: 1405-0153.
<bullet> Type of Request: Extension of a Currently Approved
Collection.
<bullet> Originating Office: CA/VO.
<bullet> Form Number: DS-5501.
<bullet> Respondents: Diversity Visa Petitioners.
<bullet> Estimated Number of Respondents: 25,000,000.
<bullet> Estimated Number of Responses: 25,000,000.
<bullet> Average Time per Response: 50 minutes.
<bullet> Total Estimated Burden Time: 20,833,333.33 hours.
<bullet> Frequency: Annually.
<bullet> Obligation to Respond: Required to Obtain or Retain a
Benefit.
Abstract of Proposed Collection
The Department of State utilizes the Electronic Diversity Visa
Entry (DS-5501) to elicit information necessary to establish the
eligibility of the petitioner for the DV Program. The two primary
requirements of the program are: (1) the petitioner is a native of a
low admission country, and (2) has at least a high school education or
its equivalent, or within five years of the date of an application for
a visa has two years of work experience in an occupation which requires
at least two years of training or experience. The Department is
proposing to amend the DS-5501 to require that entrants provide
information for a valid, unexpired passport consistent with the notice
of proposed rulemaking above. The Department of State randomly selects
qualified petitioners for further participation in the program.
Methodology
The DS-5501 is available online at <a href="http://www.dvprogram.state.gov">www.dvprogram.state.gov</a> and can
only be submitted electronically during the annual entry period.
List of Subjects in 22 CFR Part 42
Immigration, Passports and visas.
For the reasons stated in the preamble, the Department proposes to
amend 22 CFR part 42 to read as follows:
PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION
AND NATIONALITY ACT, AS AMENDED
0
1. The authority citation for Part 42 reads as follows:
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; 8 U.S.C. 1151; 8
U.S.C. 1153-1154; Pub. L. 105-277, 112 Stat. 2681-795 through 2681-
801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458, as amended
by section 546 of Pub. L. 109-295).
Sec. 42.33 [Amended]
0
2. Revise Sec. 42.33 to read as follows:
(a) General--
(1) Eligibility to compete for consideration under section 203(c).
An alien will be eligible to compete for consideration for visa
issuance under INA 203(c) during a fiscal year only if he or she is a
native of a low-admission foreign state, as determined by the Secretary
of Homeland Security pursuant to INA 203(c)(1)(E), with respect to the
fiscal year in question; and if he or she has at least a high school
education or its equivalent or, within the five years preceding the
date of application for a visa, has two years of work experience in an
occupation requiring at least two years training or experience. The
eligibility for a visa under INA 203(c) ceases at the end of the fiscal
year in question. Under no circumstances may a consular officer issue a
visa or other documentation to an alien after the end of the fiscal
year during which an alien possesses diversity visa eligibility.
(2) Definition of high school education or its equivalent. For the
purposes of this section, the phrase high school education or its
equivalent means the successful completion of a twelve-year course of
elementary and secondary education in the United States or successful
completion in another country of a formal course of elementary and
secondary education comparable to completion of twelve years'
elementary and secondary education in the United States.
(3) Determinations of work experience. Consular officers shall use
the Department of Labor's O*Net On Line to determine qualifying work
experience.
(4) Limitation on number of petitions per year. No more than one
petition may be submitted by, or on behalf of, any alien for
consideration during any single fiscal year. If two or more petitions
for any single fiscal year are submitted by, or on behalf of, any
alien, all such petitions will be void pursuant to INA 204(a)(1)(I)(i)
and the alien by or for whom the petition has been submitted will not
be eligible for consideration for diversity visa issuance during the
fiscal year in question.
(5) Northern Ireland. For purposes of determining eligibility to
file a petition for consideration under INA 203(c) for a fiscal year,
the districts comprising that portion of the United Kingdom of Great
Britain and Northern Ireland, known as ``Northern Ireland,'' will be
treated as a separate foreign state. The districts comprising
``Northern Ireland'' are Antrim, Ards, Armagh, Ballymena, Ballymoney,
Banbridge, Belfast, Carrickfergus, Castlereagh, Coleraine, Cookstown,
Craigavon, Down, Dungannon, Fermanagh, Larne, Limavady, Lisburn,
Londonderry, Magherafelt, Moyle, Newry and Mourne,
[[Page 37444]]
Newtownabbey, North Down, Omagh, and Strabane.
(b) Petition requirement. An alien claiming to be entitled to
compete for consideration under INA 203(c) must file a petition with
the Department of State for such consideration. At the alien
petitioner's request, another person may file a petition on behalf of
the alien. The petition will consist of an electronic entry form that
the alien petitioner or a person acting on behalf of the alien
petitioner must complete on-line and submit to the Department of State
via a website established by the Department of State for the purpose of
receiving such petitions. The Department will specify the address of
the website prior to the commencement of the 30-day or greater period
described in paragraph (b)(3) of this section using the notice
procedure prescribed in that paragraph.
(1) Information to be provided in the petition. The electronic
entry form mentioned in paragraph (b) of this section will require the
person completing the form to provide the following information, typed
in the Roman alphabet, regarding the petitioner:
(i) The petitioner's full name;
(ii) The petitioner's date and place of birth (including city and
country);
(iii) The petitioner's sex;
(iv) The country of which the petitioner claims to be a native, if
other than the country of birth;
(v) The name(s), date(s) and place(s) of birth and sex of the
petitioner's spouse and child(ren), if any, (including legally adopted
and step-children), regardless of whether or not they are living with
the petitioner or intend to accompany or follow to join the petitioner
should the petitioner immigrate to the United States pursuant to INA
203(c), but excluding a spouse or a child(ren) who is already a U.S.
citizen or U.S. lawful permanent resident;
(vi) A current mailing address for the petitioner;
(vii) The location of the consular office nearest to the
petitioner's current residence or, if in the United States, nearest to
the petitioner's last foreign residence prior to entry into the United
States, and
(viii) The unique serial or issuance number associated with the
petitioner's valid, unexpired passport, petitioner name, country or
authority of passport issuance, and expiration date, unless the
petitioner would be exempt from the passport requirement pursuant to 22
CFR 42.2(d), (e), or (g)(2).
(2) Requirements for photographs. The petition will also require
inclusion of a photograph of the petitioner and of his or her spouse
and all unmarried children under the age of 21 years. The photographs
must meet the following specifications:
(i) A digital image of the applicant from either a digital camera
source or a scanned photograph via scanner. If scanned, the original
photographic print must have been 2'' by 2'' (50mm x 50mm). Scanner
hardware and digital image resolution requirements will be further
specified in the public notice described in paragraph (b)(3) of this
section.
(ii) The image must be in the Joint Photographic Experts Group
(JPEG) File Interchange Format (JFIF) format.
(iii) The image must be in color.
(iv) The image must have been taken no more than six months prior
to the date of the petition submission.
(v) The person being photographed must be directly facing the
camera with the head neither tilted up, down, or to the side. The head
must cover about 50% of the area of the photograph.
(vi) The photograph must be taken with the person in front of a
neutral, light-colored background. Photos taken with very dark or
patterned, busy backgrounds will not be accepted.
(vii) The person's face must be in focus.
(viii) The person in the photograph must not wear eyeglasses,
sunglasses, or other paraphernalia that obstruct the view of the face.
(ix) A photograph with the person wearing a head covering or a hat
is only acceptable if the covering or hat is worn specifically due to
that person's religious beliefs, and even then, the hat or covering may
not obscure any portion of the face. A photograph of a person wearing
tribal, military, airline or other headgear not specifically religious
in nature will not be accepted.
(3) Requirements for passport scans. The petition will also require
a scan of the petitioner's biographic and signature page from their
valid, unexpired passport. The scan must meet the following
requirements:
(i) The image must be in the Joint Photographic Experts Group
(JPEG) File Interchange Format (JFIF) format. No Portable Document
Format (PDF) will be accepted.
(ii) The file size must not exceed 5 megabytes (MB).
(4) Submission of petition. A petition for consideration for visa
issuance under INA 203(c) must be submitted to the Department of State
by electronic entry to an internet website designated by the Department
for that purpose. No fee will be collected at the time of submission of
a petition, but a processing fee may be collected at a later date, as
provided in paragraph (i) of this section. The Department will
establish a period of not less than thirty days during each fiscal year
within which aliens may submit petitions for approval of eligibility to
apply for visa issuance during the following fiscal year. Each fiscal
year the Department will give timely notice of both the website address
and the exact dates of the petition submission period, as well as other
pertinent information, through publication in the Federal Register and
such other methods as will ensure the widest possible dissemination of
the information, both abroad and within the United States.
(c) Processing of petitions. Entries received during the petition
submission period established for the fiscal year in question and
meeting all of the requirements of paragraph (b) of this section will
be assigned a number in a separate numerical sequence established for
each regional area specified in INA 203(c)(1)(F). Upon completion of
the numbering of all petitions, all numbers assigned for each region
will be separately rank-ordered at random by a computer using standard
computer software for that purpose. The Department will then select in
the rank orders determined by the computer program a quantity of
petitions for each region estimated to be sufficient to ensure, to the
extent possible, usage of all immigrant visas authorized under INA
203(c) for the fiscal year in question. The Department will consider
petitions selected in this manner to have been approved for the
purposes of this section.
(d) Validity of approved petitions. A petition approved pursuant to
paragraph (c) of this section will be valid for a period not to exceed
midnight of the last day of the fiscal year for which the petition was
approved. At that time, the Department of State will consider approval
of the petition to cease to be valid pursuant to INA
204(a)(1)(I)(ii)(II), which prohibits issuance of visas based upon
petitions submitted and approved for a fiscal year after the last day
of that fiscal year.
(e) Order of consideration. Consideration for visa issuance to
aliens whose petitions have been approved pursuant to paragraph (c) of
this section will be in the regional rank orders established pursuant
that paragraph.
(f) Allocation of visa numbers. To the extent possible, diversity
immigrant visa numbers will be allocated in accordance with INA
203(c)(1)(E) and will be allotted only during the fiscal year for which
a petition to accord diversity immigrant status was submitted and
[[Page 37445]]
approved. Under no circumstances will immigrant visa numbers be
allotted after midnight of the last day of the fiscal year for which
the petition was submitted and approved.
(g) Further processing. The Department will inform applicants whose
petitions have been approved pursuant to paragraph (c) of this section
of the steps necessary to meet the requirements of INA 222(b) in order
to apply formally for an immigrant visa.
(h) Maintenance of certain information.
(1) The Department will compile and maintain the following
information concerning petitioners to whom immigrant visas are issued
under INA 203(c):
(i) Date of birth;
(ii) Country of birth;
(iii) Marital status;
(iv) Sex;
(v) Level of education; and
(vi) Occupation and level of occupational qualification.
(2) The Department will not maintain the names of visa recipients
in connection with this information and the information will be
compiled and maintained in such form that the identity of visa
recipients cannot be determined therefrom.
(i) Diversity Visa Lottery fee. Consular officers shall collect, or
ensure the collection of, the Diversity Visa Lottery fee from those
persons who apply for a diversity immigrant visa, described in INA
203(c), after being selected by the diversity visa lottery program. The
Diversity Visa Lottery fee, as prescribed by the Secretary of State, is
set forth in the Schedule of Fees, 22 CFR 22.1.
* * * * *
John L. Armstrong,
Senior Bureau Official, Bureau of Consular Affairs, U.S. Department of
State.
[FR Doc. 2025-14784 Filed 8-4-25; 8:45 am]
BILLING CODE 4710-06-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.