Rule2026-04737
Visas: Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 11, 2026
Effective
April 10, 2026
Issuing agencies
State Department
Abstract
The Department of State ("Department") is amending regulations governing the Diversity Immigrant Visa Program ("DV Program") to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or to otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word "shall" to simplify guidance for consular officers; ensure the use of the term "sex" in lieu of "gender"; and replace the term "age" in the DV Program regulations 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 91 Issue 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Rules and Regulations]
[Pages 11891-11902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04737]
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DEPARTMENT OF STATE
22 CFR Part 42
[Public Notice: 12948]
RIN 1400-AF76
Visas: Enhancing Vetting and Combatting Fraud in the Diversity
Immigrant Visa Program
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State (``Department'') is amending
regulations governing the Diversity Immigrant Visa Program (``DV
Program'') to improve the integrity of, and combat fraud in, the
program. These amendments require a petitioner to the DV Program to
provide valid, unexpired passport information and to upload a scan of
the biographic and signature page in the electronic entry form or to
otherwise indicate that he or she is exempt from this requirement.
Additionally, the Department is standardizing and amending its
regulations to add the word ``shall'' to simplify guidance for consular
officers; ensure the use of the term ``sex'' in lieu of ``gender''; and
replace the term ``age'' in the DV Program regulations with the phrase
``date of birth'' to accurately reflect the information collected and
maintained by the Department during the immigrant visa process.
DATES: This rule is effective on April 10, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel L. Palmquist, Visa Services,
Bureau of Consular Affairs, Department of State; telephone: (202) 485-
7611; email: <a href="/cdn-cgi/l/email-protection#abfdc2d8caf9ceccd8ebd8dfcadfce85ccc4dd"><span class="__cf_email__" data-cfemail="7a2c13091b281f1d093a090e1b0e1f541d150c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose of the Regulatory Action
This rule amends how an alien petitions for entry into the DV
Program, requiring that a petitioner provide information from his or
her valid, unexpired passport and upload a scan of the passport
biographic and signature page to the electronic entry form, subject to
limited exemptions. This rule improves the integrity of, and combats
fraud in, the DV program. The rule also contains additional
clarifications and updated language.
B. Summary of Legal Authority
Section 204(a)(1)(I) of the Immigration and Nationality Act (INA),
8 U.S.C. 1154(a)(1)(I), governs the procedures for filing a petition to
the DV Program and authorizes the Secretary of State to carry out these
regulatory amendments. Section 104(a) of the INA, 8 U.S.C. 1104(a),
further authorizes the Secretary to establish such regulations as he or
she deems necessary for carrying out the Secretary's authority under
the INA.
C. Summary of Proposed Rule
The Department published a notice of proposed rulemaking (NPRM),
Visas: Enhancing Vetting and Combatting Fraud in the Diversity
Immigrant Visa Program (90 FR 37437), on August 5, 2025. The NPRM
proposed requiring a DV Program petitioner to provide valid, unexpired
passport information and upload a scan of the passport's biographic and
signature page to the electronic entry form or otherwise indicate that
he or she is exempt from this requirement. Additionally, the NPRM
proposed 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.
D. Why did the Department propose this rule?
The Department explained in the NPRM that the proposed changes are
necessary to address fraud and improve the integrity of the DV Program.
The Department has historically encountered millions of fraudulent DV
Program entries, including entries submitted by third parties, some of
them criminal enterprises, on behalf of individuals without their
knowledge or consent. In DV-2025, the Department discovered 2.5 million
fraudulent entries. Unauthorized third parties often contact these
individuals, inform them of the opportunity to apply for a diversity
immigrant visa (``DV''), and withhold the entry information unless the
individual pays a large fee or agrees to participate in fraudulent
activities. Upon submitting an entry, an entrant
[[Page 11892]]
receives a unique confirmation number, without which it is impossible
to confirm whether the entrant was selected to continue the DV process.
The Department's annual instructions advise entrants to retain the
confirmation number and note that the Department will not replace or
provide it in the future.
The passport requirements also allow the Department to more
effectively confirm petitioners' identities earlier in the DV process,
which facilitates screening and vetting and enhances the Department's
ability to protect U.S. national security.
E. Summary of Public Participation
The Department received 399 comments on the NPRM, the majority of
which expressed support, or qualified support, for the articulated
policy approach. Some public comments opposed the policy approach, and
others did not take a position. The comment section below includes
summaries of the significant issues raised by members of the public and
includes the Department's response to those comments.
II. Background
A. Petitioning for the DV Program
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 and his or
her spouse and/or children. It also requests the location of the
consular post nearest to his or her residence, where the application
for a DV should generally be adjudicated if the petitioner is selected
and scheduled for an interview through the DV Program.
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\ A diversity immigrant must establish his or her
qualifications and eligibility for a 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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B. Previous Requirements for DV Petition
An alien seeking to submit a petition under the DV Program
completes the DS-5501, Electronic Diversity Visa Entry Form, during the
specified registration period. In previous program years, the DS-5501
required the following personal identification information: name,
gender, date of birth, city and country of birth, mailing and physical
address, email address, phone number, educational attainment, marital
status, number of children, and entrant photograph. If the alien had
eligible derivatives (spouse and/or child[ren]), the DS-5501 also
collected the name, gender, date of birth, city and country of birth,
and photograph of each derivative.
C. Fraudulent Activities Prevalent in the DV Program
DV Program fraud is so prevalent that the Federal Trade Commission
addressed it in a 2012 YouTube video about DV fraud.\4\ One of the more
egregious examples of large-scale third-party fraud occurred in 2012
when U.S. 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.
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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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Similarly, a Department Office of the Inspector General (OIG)
report \5\ highlighted U.S. 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 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.
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\5\ ISP-I-13-45A Department of State, OIG, Inspection of Embassy
Kyiv, Ukraine, September 2013.
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Requiring that entrants include information from a valid, unexpired
passport and a scan of the biographic information page makes it
significantly more difficult for unauthorized third parties to submit a
DV petition on behalf of an unwitting individual, because such parties
are less likely to have access to this information. These measures also
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 adjudicating officers who otherwise
dedicate significant resources to clarify discrepancies between a
petitioner's DV entry form and the visa application.
D. Current Rulemaking
On August 5, 2025, the Department published a proposed rule, Visas:
Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa
Program. The public comment period closed on September 19, 2025.
Following careful consideration of public comments received in response
to the NPRM, the Department is adopting the regulatory text proposed in
the NPRM. Comments on the NPRM are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under docket number DOS-2025-0001-0001.
E. Implementation
The Department is implementing this rule with the 2027 Diversity
Visa (``DV-
[[Page 11893]]
2027'') Program. As required by the Paperwork Reduction Act, the
Department is securing approval from OMB's Office of Information and
Regulatory Affairs to finalize the necessary updates to the DV Entry
Form (DS-5501) upon this rule's effective date.
F. Costs and Benefits
i. Overview
The rule results in new costs for petitioners and benefits for
national security, and the Department has determined that the benefits
outweigh the costs. These requirements allow the Department to more
effectively identify and disqualify duplicate entries, as required
under INA section 204(a)(1)(I)(i). The Department's fraud prevention
experts confirmed that over 2.5 million duplicate entries were
disqualified in the FY25 DV Program. Comparatively, during the FY22 DV
Program, during which a previous passport requirement was in effect,
only 760,079 duplicate entries were disqualified. This is indicative
that a passport requirement effectively reduces fraudulent entries.
ii. Benefits
This rule protects U.S. national security by enabling the
Department to confirm a petitioner's identity at the entry stage and
deterring fraudulent entries. Requiring a passport scan reduces the
risk of fabricated passport numbers and allows adjudicators to compare
the applicant's name in his or her native alphabet with its English
transliteration. This supports security vetting and ensures accurate
identification of transliterations associated with the applicant's
name.
Additionally, passport information helps consular officers verify
the applicant's eligibility based on his or her place of birth and
chargeability to a ``low-admission'' foreign state, as required under
INA section 203(c). Previously, an entrant to the Diversity Visa
program self-selected his or her foreign state of chargeability on the
DS-5501 form, and this information could not be verified unless the
individual applied for a visa. This rule allows the Department to
better assess eligibility earlier in the process.
Finally, collection of the dates of issue and expiration provides
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.
iii. Costs
This regulation requires petitioners who do not already possess a
valid, unexpired passport to obtain a passport prior to entry into the
DV Program, rather than after being selected for an interview, with
limited exceptions. 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.\6\ The Department sought public comment to better
inform this cost-benefit analysis, specifically requesting public input
on the accuracy of this estimate, rates of passport ownership in DV-
eligible countries, and the unquantified burdens of obtaining a
passport in those countries. The Department addresses comments from the
public below. Prior to public participation, the Department estimated
that, on average, responding to the new information requirements would
take an additional twenty minutes. This time burden estimate included
gathering the passport, supplying the required information in the
application, photographing or scanning the passport, and uploading the
image file. As discussed in the comment response section below, the
Department is revising the estimated time burden to an additional 60
minutes, resulting in a total estimated time burden of 90 minutes per
response.
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\6\ 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 it will see approximately 10 million
entrants for DV-2027. This number is based on historical data from when
a similar passport rule was in effect during the Diversity Visa
registration periods that took place for the program fiscal years of
2021-2023. During that time frame, the Department received 6.7 million
entries (in FY 2021), 7.3 million entries (in FY 2022), and 9.6 million
entries (in FY 2023).
Taking into consideration this historical data, recent DV entry
trends, and the addition of the new $1 entry fee, the Department
determined the most accurate estimate for total annual responses to the
DS-5501 is 10 million. To place a cost value on the revised time burden
for the form, the Department relies on a prior analysis of wage data
from the International Labor Organization \7\ for countries that were
eligible to participate in the DV-2025 Program \8\ which calculated an
average hourly wage of $4.56. Since the Department is adding one
additional hour to the time burden, each response has an additional
hour cost burden of $4.56. Multiplied by the projected number of
potential respondents (10,000,000), the Department estimates the
additional time cost to be $45,600,000, for a total annual estimated
cost of $68,400,000 globally.
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\7\ 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>.
\8\ 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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G. Requirement Not Expected To Negatively Impact Program Outcomes
This requirement does not substantially deter participation by
legitimate petitioners, as petitioners who are selected must generally
obtain a passport to be eligible to move forward in the DV process.
While the Department recognizes that the increased burden and cost of
obtaining a passport before entering the DV program could, for an
applicant with insufficient resources, deter participation and result
in fewer annual entrants overall, the Department expects that all the
available DVs will continue to be used. The passport number requirement
was initially put in place in 2019 \9\ and was in effect for the 2021,
2022, and 2023 DV Program years.\10\ Table 1 shows DV program
participation levels \11\ before, during, and after aliens were
required to include passport information with their DV entry. Please
[[Page 11894]]
note that certain entries below have been updated or, in some cases,
corrected, from the data previously published in the NPRM:
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\9\ See Visas: Diversity Immigrants, 84 FR 25989 (June 5, 2019).
\10\ See E.B. v. U.S. Dep't of State, 583 F. Supp. 3d 58 (D.D.C.
2022). 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.
\11\ 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 2016-2025 Program Years
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Diversity Visa Program
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Visas issued
Program year Entrants Selectees ***
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Pre-Requirement................................. 2016 11,391,146 91,563 46,718
2017 12,437,190 83,910 49,976
2018 14,692,258 89,540 49,713
2019 14,352,013 87,610 45,889
2020 14,722,798 83,884 * 19,125
Passport Number Requirement in Place............ 2021 * 6,741,128 87,642 * 18,912
2022 7,336,302 112,103 55,882
2023 9,570,291 93,843 55,993
No Passport Required............................ 2024 23,823,436 78,767 54,554
2025 19,927,656 81,179 ** 47,045
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* Impacted by COVID-19 pandemic.
** FY 2025 data are preliminary and subject to change.
*** Includes adjustments of status through USCIS.
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.\12\ 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.
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\12\ 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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Response to Public Comments on the Proposed Rule
III. Summary of Public Comments
The Department received a total of 399 public comment documents in
response to the proposed rule. Most comment submissions are from
individual commenters. Other commenters include non-governmental
organizations (such as the Cantor Institute and the Conservative
Political Action Coalition [CPAC]'s and Foundation Center for
Regulatory Freedom [CRF]). The majority of commenters express support
for the rule, with some commenters opposing it and others not taking a
position. The vast majority of individuals who identify their location
live outside of the United States.
IV. Table of Contents for Topics Raised in Comments
A. General Support for the Passport Requirements
B. General Opposition to Passport Requirements
C. Alternative Measures To Address Fraud
D. Accessibility and Equity
E. Additional Requirements/Suggestions
i. Entry Fee
ii. Education Proof
iii. English Proficiency
iv. Marriage Certificate
F. Potential Implementation Challenges
i. Timing
ii. Technical Issues
iii. Platform Modernization
G. Privacy and Security
H. Exemptions
I. Legal Vulnerability
i. E.B v. Department of State
ii. Arbitrary and Capricious Review
iii. Congressional Intent
J. Paperwork Reduction Act Compliance
i. Time Burden
ii. Cost Burden
iii. Changes to DS-5501
K. Nonresponsive Issues Raised
V. Comment Categories and Response
A. Comments Expressing General Support for Passport Requirements
Many commenters support the rule, agreeing that it prevents
widespread fraud and improves program integrity. They explicitly cite
fraud prevention as the key reason for supporting the requirement that
DV entrants include a scan of a valid, unexpired passport with their
registration. These commenters often describe personally experiencing
or witnessing visa fraud and emphasize the ability of the passport
requirements to reduce duplicate entries, unauthorized entries,
identity theft, and exploitation by third-party agents.
Department Response: The Department appreciates the support
expressed by commenters regarding the passport requirement and their
recognition of its importance in preventing fraud and improving the
integrity of the DV program. Fraud has been a persistent challenge in
the program, with documented cases of duplicate entries, identity
theft, and exploitation by third-party agents undermining the fairness
and effectiveness of the program, as discussed in the NPRM. The
passport requirement is a critical safeguard intended to address these
vulnerabilities, deter fraudulent practices, and ensure that
individuals submitting entries are serious about their participation.
The Department acknowledges the personal experiences shared by
commenters who have witnessed or been affected by visa fraud, which
underscore the importance of implementing measures to protect the
integrity of the program and ensure that it operates as intended.
B. Comments Expressing General Opposition to Passport Requirements
Some commenters generally oppose the rule on the basis that it
would not prevent fraud or improve program integrity. These commenters
note that the Department failed to establish that the passport upload
feature had the technical elements needed to detect fraudulent
documents. Commenters argue actors seeking to exploit unsuspecting
registrants can still use false or otherwise available documentation to
submit unauthorized entries. A few commenters claim the Department
failed to establish the
[[Page 11895]]
existence of widespread visa fraud to justify the rule. Others
acknowledge personally experiencing or witnessing fraud but criticize
about what they viewed as insufficient concrete statistics and a
lackluster cost-benefit analysis.
Department Response: The Department examined alternative possible
avenues for deterring fraudulent entries and determined that a valid
passport scan is the most cost-effective approach. While no single
measure can eliminate all instances of fraud, the Department believes
that the passport requirement is a critical step in addressing the most
pervasive vulnerabilities in the DV program and will deter identity
theft and exploitation by third-party agents, who have historically
submitted unauthorized entries on behalf of unsuspecting individuals.
This approach allows the Department to conduct further checks verifying
the passport information before selection, similar to the process the
Department currently conducts to detect duplicate entries and photos
that do not meet the required standards. Commenters argue that mala
fide actors will be able submit false documents or obtain the passports
of applicants allowing them to submit fake entries, and the Departments
acknowledges this possibility. However, this additional requirement
makes it more difficult for bad actors to submit multiple or
unauthorized entries, as each entry must now be tied to a unique,
valid, and unexpired passport. Entrants will also be advised to retain
a scanned copy of 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 the time of registration.
The Department has well documented cases of extensive fraud in the
DV Program, to include cases of over 600,000 fraudulent entries in
Bangladesh in 2012, Ukrainian fraud rings charging DV applicants
$15,000 after submitting a fake entry in their name in 2013, and a
Cambodian fraud ring using a similar practice and charging selected
applicants $5,000-$30,000 in 2023, as detailed in the NPRM and
supplementary information accompanying this rule. Furthermore, as
stated in the comments, multiple commenters describe personally
experiencing or witnessing visa fraud.
C. Comments Proposing Alternative Measures To Address Fraud
Some commenters suggest that fraud can be addressed through
alternative or additional measures, such as enhanced identity
verification at later stages or stricter vetting during interviews.
Commenters also suggest enhancing fraud prevention through biometric
verification, facial recognition, or digital identity tools.
Department Response: The Department agrees that robust identity
verification processes are essential to maintaining the integrity of
the program and has already implemented many of the measures suggested.
For example, the Department employs enhanced identity verification
procedures during visa interviews, where consular officers assess the
totality of information provided by the applicants, including
biographical details, relationships, and supporting documentation.
Additionally, facial recognition technology is used to detect identity
fraud, alongside biometric technology and other similar tools available
to the Department. While these tools offer significant benefits, they
are most effective when combined with safeguards at earlier stages of
the process, such as the passport requirement contemplated in this
rule. Most fraud in the Diversity Visa program originates at the time
of entry, in the form of duplicate or near duplicate entries, or
entries by third parties on behalf of unwitting applicants. The
Department anticipates that requiring a passport scan at the time of
registering to participate in the Program will deter such entries and
reduce the likelihood of fraud before applicants reach the interview
stage. Following selection, the Department verifies the identities of
all visa applicants before issuance of a visa as described above, but
these efforts do not deter, for example, third parties from submitting
fraudulent or unauthorized entries.
D. Comments Related to Accessibility and Equity
Some commenters raise concerns about the financial and logistical
challenges of obtaining passports in low-income and politically
unstable countries as well as in rural/remote areas with limited access
to services. These commenters note that stateless individuals or those
from countries that do not issue passports may be unfairly excluded.
Others emphasize that the rule may skew participation toward wealthier,
urban populations, reducing geographic and socioeconomic diversity in
the applicant pool. Proponents of the rule acknowledge these challenges
but argue that serious applicants should already have passports and
that the rule ensures only committed and qualified individuals
participate.
Department Response: Before the issuance of any immigrant visa, an
applicant must generally present a valid, unexpired passport or other
suitable travel document pursuant to INA 222(b), or qualify for an
exception to this requirement, as authorized under 22 CFR 42.2(d), (e),
or (g)(2). In adopting this Rule, the Department is merely requiring
that applicants present their passports at the time of entry into the
Diversity Visa program, as authorized under INA 204(a)(1)(I)(iii).
While the Department understands that obtaining a passport may pose
challenges for some individuals, this requirement is necessary to
protect the program from exploitation and to ensure that it operates as
intended. The Department has also taken steps to mitigate the impact of
this requirement by allowing for certain exceptions, including for
individuals who are stateless, consistent with the authorities above.
The Department notes the Diversity Visa program was designed to
promote diversity in immigration, not to guarantee access for specific
regions or demographics. The passport requirement applies equally to
all applicants worldwide, and its implementation is intended to
strengthen the program's integrity for the benefit of all participants.
While the Department acknowledges the requirement could result in fewer
entries submitted by persons who do not possess a passport, the
Department anticipates continuing to receive sufficient entries to
facilitate issuance of all available visa numbers, including on a
regional basis, based on data available from prior program years, as
explained above.
E. Comments Related to Additional Requirements and/or Suggestions
Many commenters recommend additional requirements for entrants to
the DV program, to include the following:
i. Entry Fee
Some commenters suggest introducing an entry fee of $1-$250 to
deter frivolous applications and fund program administration. Several
of these individuals also recommend waivers for applicants from low-
income countries. Other commenters express that there should be no
entry fees, citing concerns regarding the risk that financial barriers
and fees may undermine the program's accessibility for low-income
individuals.
Department Response: All entrants seeking to participate in the DV
program must pay a $1 fee at the time of submitting their entry, and no
waivers
[[Page 11896]]
will be available for the nominal fee. The Department published a final
rule announcing a $1 Diversity Visa Registration Fee on September 16,
2025.\13\ This fee allows the Department to more fairly distribute the
rising costs of managing the DV program, including annual maintenance
of the DV entry system, data storage, automated randomized selection
processing, and associated security reviews. The cost burden will now
be shared among all petitioners, rather than by only the small
percentage of successful DV registrants who are selected to continue
the DV process. Additionally, the Department anticipates this change
will also help reduce specious registrations by actors seeking to
exploit unsuspecting potential entrants.
---------------------------------------------------------------------------
\13\ ``Schedule of Fees for Consular Services, Department of
State and Overseas Embassies and Consulates-Visa Services Fee
Changes'' (90 FR 44524): <a href="https://www.federalregister.gov/documents/2025/09/16/2025-17851/schedule-of-fees-for-consular-services-department-of-state-and-overseas-embassies-and">https://www.federalregister.gov/documents/2025/09/16/2025-17851/schedule-of-fees-for-consular-services-department-of-state-and-overseas-embassies-and</a>.
---------------------------------------------------------------------------
ii. Education Proof
Many commenters advocate for requiring proof of a high school
diploma or equivalent at the entry stage to prevent ineligible
applicants from taking lottery slots.
Department Response: The Department informs all potential DV
entrants of the requirement to have a high school diploma or equivalent
when it publishes the yearly instructions, and entrants must specify
the level of education obtained in their DV entry. Due to the variety
of documents globally that fulfill these requirements, the Department
generally relies on consular officers in the field, who have knowledge
of and experience with country-specific documents, to determine whether
the applicant meets these requirements at the time of interview.
Requiring diplomas or other educational documentation at the time of
registration would substantially increase the complexity and cost of
the Department's pre-selection process. Additionally, while it is
possible that some frivolous entries may be deterred by such a
requirement, the Department considers that the information from an
entrant's valid, unexpired passport is likely to be more secure, and
therefore more difficult to falsify or otherwise be used to submit
unauthorized third-party entries.
iii. English Proficiency
Some commenters suggest introducing basic English language
requirements to ensure selectees are better prepared to integrate into
U.S. society. Others suggest the Department provide multilingual
resources to ensure global understanding of the DV program and of how
to avoid falling victim to DV program fraud.
Department Response: The DV program was established under INA
203(c) to provide immigration opportunities to individuals from
countries with historically low rates of immigration to the United
States. The statutory framework does not include English language
proficiency as a criterion for eligibility, and adding such a
requirement would not deter or otherwise address the underlying problem
of fraud in the DV program. Fraudulent entries are primarily tied to
issues such as identity theft, submission of multiple entries, and
exploitation by third-party facilitators, none of which would be
mitigated by requiring English proficiency.
iv. Marriage Certificate
Some commenters recommend the Department require entrants claiming
to have a spouse to submit a marriage certificate as proof to prevent
fraudulent marriage claims.
Department Response: Department regulations at 22 CFR 42.33(b)
require that all entries include the name, photograph, date, and place
of birth of the entrant's spouse and all natural children, as well as
all legally adopted children and stepchildren who are unmarried and
under the age of 21 as of the date of the initial entry. Spousal
derivatives must be included even if the spouse does not currently
reside with the entrant and/or will not immigrate with such entrant,
unless they are legally separated from the entrant or have obtained a
divorce. Due to the variety of documents globally that indicate marital
status, and the prevalence in certain countries and cultures of
customary or religious marriages that lack official certification, the
Department relies on consular officers in the field, who have knowledge
of and experience with country-specific requirements to determine the
validity of a marriage for immigration purposes at the time of
interview.
The Department also has robust mechanisms in place to address
fraudulent marriage claims during the visa application process.
Applicants who are selected for further processing must provide
evidence of the claimed marital relationship, including a marriage
certificate where available and, in some cases, additional
documentation to establish the bona fides of the relationship. Consular
officers may request further evidence or conduct additional review if
fraud is suspected. The Department believes these existing measures are
sufficient to address concerns about fraudulent marriage claims without
imposing additional requirements at the registration stage. This aligns
with the Department's administration of the DV program, which is
designed to be accessible and straightforward, allowing individuals
from underrepresented countries to participate without undue
administrative burdens. Requiring a marriage certificate at the time of
registration would significantly increase the complexity of the process
and could deter certain eligible aliens from entering.
F. Comments Related to Potential Implementation Challenges
i. Timing
Many commenters express concerns about the short notice for
implementing the passport rule for the DV-2027 program year. Commenters
note that processing times for passports in some countries could take
several months, and claim there may not be enough time for prospective
entrants without passports to obtain them for this program year. Some
commenters recommend postponing the rule to DV-2028 or later to allow
entrants sufficient time to prepare.
Department Response: This rule is a long-overdue fraud prevention
effort. The Department recognizes that passport issuance processes vary
widely across the globe and that some individuals may face delays due
to logistical or administrative barriers. However, the passport
requirement is a critical measure to enhance the integrity of the DV
program by reducing fraudulent entries and other vulnerabilities in the
program's integrity. The Department anticipates the deferral of the
opening of the entry period for the 2027 Diversity Visa program year
will mitigate the impact of this Rule on persons who would not yet have
obtained a passport otherwise. The Department is not postponing this
requirement until the DV-2028 program year because that would
unnecessarily allow another year of mala fide actors to take advantage
of potential entrants and would delay the implementation of critical
screening intended to advance the U.S. national security. Finally, the
Department notes that individuals who are unable to participate in the
DV program in a given year remain able to participate in future program
years for which their country is eligible.
[[Page 11897]]
ii. Technical Issues
Some commenters express concern that requiring a scan of the
passport biographic page at the entry stage could bottleneck the system
technologically. Others request that the Department ensure the
infrastructure can handle processing these uploads without system
failures or delays, which they claim already plague the system. A few
commenters suggest that the Department conduct pilot testing in high-
fraud countries before attempting to implement the rule globally.
Department Response: The Department reviews the DV entry and
selection system after each selection period, and then updates the
system based on new requirements and conducts testing to ensure that
the system operates properly. The Department has likewise tested the
system's passport scan upload capability (as well as the acceptance of
the $1.00 nominal fee) to ensure the system will function as intended
for the program year of implementation. Based on the systems
capabilities demonstrated in the results of this testing, the
Department believes no further delay is necessary to accommodate these
changes.
iii. Platform Modernization
Some commenters suggest that, given these additional requirements,
the Department make efforts to improve the DV program website's
functionality, ensuring mobile optimization, Web Content Accessibility
Guidelines (WCAG) standards, and providing clear guidance for uploading
passport scans to promote the best user experience.
Department Response: The Department reviews the Diversity Visa
Entry website on an annual basis before the start of any Diversity Visa
year entry period and will provide clear guidance on uploading the
passport scan and other requirements introduced for the new program
year. Additionally, the Department will continue to comply with the
United States' electronic and information technology accessibility
laws, such as those codified in Section 508 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794d).
G. Comments on Privacy and Security
Many commenters express concerns about how passport scans will be
stored, encrypted, and protected from data breaches or misuse. They
argue the Department must ensure privacy and security measures are in
place to protect passport documents.
Department Response: The Department collects Personally
Identifiable Information (PII) in accordance with U.S. law on a daily
basis across all of its consular platforms. Specifically, for DVs
entrants, passport information submitted through the DV program is
stored in secure systems that comply with stringent federal information
security standards, including those established by the Federal
Information Security Modernization Act (FISMA). These systems are
designed to protect sensitive data from unauthorized access, misuse, or
breaches. The Department employs advanced encryption protocols to
ensure that passport data is securely transmitted and stored, and
access to this information is strictly limited to authorized personnel.
Additionally, the Department continuously monitors its systems for
vulnerabilities and conducts regular security assessments to identify
and address potential risks. In the event of a data breach, the
Department has established protocols to respond swiftly and mitigate
any impact on affected individuals.
H. Comments Suggesting Passport Rule Exemptions
Many commenters suggest passport rule exemptions for individuals
who are unable to obtain passports. Some feel that existing exemptions
for stateless individuals and conflict zone residents are too narrow.
Commenters propose authorizing temporary passport waivers for
individuals in conflict zones or politically unstable regions and
exemptions for stateless individuals or those facing extreme financial
hardship. Some commenters suggest the Department allow exempted
entrants to submit alternative forms of identification, such as
national IDs or birth certificates.
Department Response: The rule includes passport exemptions for:
petitioners who are stateless; petitioners who are nationals of a
Communist-controlled country and unable to obtain a passport from the
government of the Communist-controlled country; and petitioners who
are, or expect to be, the beneficiary of an individual waiver approved
by the Secretary of Homeland Security and the Secretary of State, as
determined on a case-by-case basis at the time of interview. These
requirements are consistent with the categories of immigrant visa
applicants who are not required to present passports pursuant to 22 CFR
42.2(d), (e), and (g)(2). Applicants seeking an exemption must provide
evidence to support their claim, and such requests are carefully
reviewed to ensure they meet the established criteria.
The Department believes expanding these exemptions or allowing for
alternate forms of documentation would risk undermining the
effectiveness of the passport requirement as a fraud prevention
measure. Accepting other forms of identification, such as national IDs,
defeats the purpose of the passport rule because these documents are
more difficult to reliably verify and are easier to alter in some
countries. Additionally, financial hardship alone does not constitute
reasonable justification for a passport rule exemption, as the
immigration process to the United States is expensive and an entrant
unable to afford a passport is unlikely to have the financial means to
complete the immigration process if he or she is selected. Further, a
passport obtained for DV-2027 could be used for future DV years for
which it remains valid and unexpired.
I. Comments Related to Legal Vulnerabilities
Some commenters question the legality of re-introducing a DV
passport rule.
i. E.B v. Department of State
Several commenters note that the courts struck down a similar
passport rule in the past, many specifically referring to E.B v.
Department of State and argue this rule may be challenged on similar
grounds.
Department Response: In E.B. v. Department of State, 583 F. Supp.
3d 58, 61 (D.D.C. 2022), the District Court for the District of
Columbia found that the Department's 2019 interim final rule requiring
DV entrants to provide information from a valid, unexpired passport was
unlawfully promulgated because it did not undergo public notice and
comment under the Administrative Procedures Act (APA). While 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
Procedures Act,\14\ the Department has nonetheless sought public
comment on this rulemaking, to which the Department is responding via
the present final rule, mitigating the risk that the rule may be
challenged on similar procedural grounds.
---------------------------------------------------------------------------
\14\ See Determination: Foreign Affairs Function of the United
States, 90 FR 12200 (Mar. 14, 2025).
---------------------------------------------------------------------------
ii. Arbitrary and Capricious Review
The APA instructs courts to ``hold unlawful and set aside agency
action, findings, and conclusions found to be arbitrary, capricious, an
abuse of
[[Page 11898]]
discretion, or otherwise not in accordance with law.'' Some comments
express that the rule may be challenged as ``arbitrary and capricious''
under the APA because it disproportionately excludes vulnerable
populations while failing to achieve its stated goals. They highlight
the disproportionate burden on participants from low-income countries,
rural areas, and conflict zones, without clear evidence that the rule
will effectively deter fraud and criticize the rule as an overbroad
measure that fails to meet the standard of proportionality.
Department Response: The Department has carefully considered these
issues and remains confident the rule is consistent with the APA's
requirements and that the costs of the entry requirements on the public
are proportionally appropriate to its stated goals.
The APA requires agencies to ensure that rules are not arbitrary,
capricious, or otherwise unlawful. In developing this rule, the
Department conducted a thorough analysis of the DV program's
vulnerabilities, including documented cases of widespread fraud,
identity theft, duplicate entries, and exploitation by third-party
agents. The passport requirement directly addresses these
vulnerabilities by tying each entry to a unique, valid, and unexpired
passport, thereby reducing opportunity for such fraudulent activity.
Certain commenters raised concerns that obtaining a passport may
pose challenges for some individuals, particularly those in low-income
countries, rural areas, and conflict zones. To mitigate these concerns,
the rule includes limited exemptions, as discussed above, which are
designed to ensure the rule does not disproportionately exclude
vulnerable populations such as stateless individuals, while maintaining
the integrity of the program. At the same time, the Department
considers that broader exemptions would both restrict the rule's
ability to address fraud as intended, and would not ultimately shield
such individuals, if selected, from the need to present a passport with
their visa application, as generally required under INA 222(b). For
these reasons, the Department believes the rule reflects its careful
consideration of the APA's requirements, and the need to balance
program integrity with accessibility for vulnerable populations.
iii. Congressional Intent
Commenters argue that because the passport rule disproportionately
excludes applicants from poorer nations or regions established pursuant
to INA 203(c)(1)(F), rural areas, and conflict zones, it directly
undermines the spirit of the Diversity Visa program. Some argue that
the rule's inconsistency with the statutory purpose of the Diversity
Visa program may lead to legal challenges based on congressional
intent.
Department Response: The rule does not undermine congressional
intent, as the program is still available globally to the natives of
any countries with historically low rates of immigration to the United
States. INA 203(c)(1)(B)(ii) 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. In 2019, the Department
promulgated an interim final rule that required entrants to include
certain information from a valid, unexpired passport in the electronic
entry form. This requirement was in effect for the entry periods
associated with the 2021, 2022, and 2023 DV Program years. During this
time, the Department was able to compare participation levels both
prior to and during the period in which aliens were required to include
this passport information with their DV entry. 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. The interim final rule was
therefore not unduly burdensome on natives of any region and did not
affect the Department's ability to fully implement the program as
Congress intended.
J. Comments Related to Paperwork Reduction Act Compliance
i. Time Burden
Several comments raise concerns about the accuracy of estimated
time burdens associated with scanning and uploading passport
information. They emphasize challenges faced by applicants in low-
income regions, where access to scanning equipment and technical
support is limited, often requiring travel to obtain access to the
necessary resources. Commenters argue that the Department
underestimated the time burden, suggesting it could range from one to
three hours per applicant.
Department Response: The Department recommended adding 20 minutes
to the original (30-minute) time burden to account for the time it
would take to gather and add passport information to the DS-5501. The
original time estimate neglected to include the amount of time it would
take an individual to gather, scan, and upload the passport document to
the DS-5501 and did not consider that some entrants would need to
travel to access scanning equipment. The Department thanks the public
for raising these concerns and is adjusting the time burden to address
them.
The Department is modifying the previously approved 30-minute time
burden on the DS-5501 to a new time burden of 90 minutes. This new
estimate accounts for the time it takes to access and operate equipment
to scan and upload passport documentation; it also accounts for the
amount of time it takes to gather and input payment information in
light of the recently announced passport fee rule. All estimates
related to the per-applicant time burden are adjusted accordingly.
ii. Cost Burden
Some commenters raise concerns about the cost burden associated
with obtaining a passport. Some commenters suggest the Department's
estimate of $74.43 for passport costs is unrealistic, as costs in some
countries exceed $200. Others supported the estimate the Department
provided. When commenters provide specific dollar amounts for passport
costs, figures range from $50 to $250, depending on the country.
Department Response: In 2023, the Department conducted a
comprehensive analysis of DV Program-eligible country passport fees.
Using this data, the Department determined that the average cost of a
passport in DV-eligible countries was $74.43. While the Department
understands that passport fees may exceed $200 in some countries, it is
also true that other countries have minimal passport costs that bring
down the global average.
The Department further notes that passport validity ranges,
typically between 5 and 10 years per issuance. If the cost of a
passport is distributed annually for the duration of its validity, the
annual cost burden is less than the estimate provided. For example, a
passport costing $250 with a validity of five years would have an
annual cost estimate of only $50 annually.
iii. Changes to the DS-5501
a. Document Upload
Commenters raise concerns about potential issues with passport
scans during the submission process, including technical errors with
cropped images, blurred pages, and an insufficient 5 MB file size
limitation. Commenters suggest allowing flexibility in file size and
formats, such as permitting PDF uploads or multiple images. Some note
the Department
[[Page 11899]]
failed to outline resolution requirements and generally did not provide
adequate instructions for how to upload documents. One commenter
requests the Department provide an in-form image combiner and file
compression guidance as well as a test-image tool.
Department Response: The Department publishes yearly instructions
for the upcoming Diversity Visa entry period. These instructions are
published as a Federal Register Notice, and on <a href="http://Travel.state.gov">Travel.state.gov</a>. Within
the published instructions, the Department provides detailed
information, and this includes information about the requirements for
the passport scan. The Department has no plans at this time to provide
an in-form image combiner, file compression guidance, or test image
tool, and these are items not generally provided during diversity or
other U.S. visa applications.
b. Gender vs Sex
Two commenters raise concerns about replacing the word ``gender''
with ``sex'' on the Diversity Visa application form, citing concerns
around inclusivity and potential mismatches between regulatory text,
operational systems, and prior adjudication records. One commenter
noted that in some countries, ``gender'' and ``sex'' have different
legal definitions. They request the Department clarify whether ``sex''
refers to biological sex or legal sex as listed on official documents.
Department Response: The Department is replacing ``gender'' with
``sex'' in accordance with E.O. 14168, Defending Women From Gender
Ideology Extremism and Restoring Biological Truth to the Federal
Government, which provides that the term ``sex'' shall refer to an
individual's sex at birth. Only male and female sex options are
available for entrants completing the Diversity Visa entry form. The
marker reflected in the ``sex'' field on any visa application,
including the entry form, should match the applicant's biological sex
at birth, even if that differs from the sex listed on the applicant's
foreign passport or other identifying documentation. This change aligns
the entry form with other Department forms that now use the term
``sex'' in place of ``gender.''
c. Fee Payment
Commenters raise concerns about the fee payment pages on the
Diversity Visa application form, emphasizing the need for a reliable,
secure, and user-friendly payment system. Commenters also question
whether the payment system accommodates applicants from countries with
restricted access to international banking services. They suggest
codifying acceptable payment methods and refund policies in the CFR.
Department Response: The Department collects fee payments through
the Treasury's <a href="http://Pay.gov">Pay.gov</a>, which is reliable, secure, and user-friendly.
It accepts payments for U.S. based bank accounts and internationally
accepts credit/debit cards, PayPal, and Venmo. The Department
acknowledges that some applicants may face additional obstacles to
submitting payment via <a href="http://Pay.gov">Pay.gov</a> depending on location, but the
Department believes this is the safest and most secure approach to
receive payments globally. <a href="http://Pay.gov">Pay.gov</a> regularly processes payments for
other visa services from applicants in countries with restricted access
to international banking services.
<a href="http://Pay.gov">Pay.gov</a> resides within the Treasury Web Applications Infrastructure
(TWAI)--a highly secure environment provided by the Federal Reserve
Information Technology (FRIT) to support several enterprise-wide
Treasury applications. The TWAI is compliant with the Federal
Information Processing Standard (FIPS) 140-2. All communications
between <a href="http://Pay.gov">Pay.gov</a> and agencies are conducted via dedicated lines, virtual
private networks, or 128-bit, hardware-based, Transport Layer Security
(TLS) 1.2 encryption.
K. Comments Nonresponsive to the NPRM
Several issues raised in the comments fall beyond the scope of the
``Visas: Enhancing Vetting and Combatting Fraud in the Diversity
Immigrant Visa Program'' NPRM. These issues are considered
``nonresponsive'' and as such, the Department is not responding to
these points at this time. Nonresponsive issues raised by commenters
include: proposed statutory reforms to the way ``high admission''
countries are identified; statutory incongruity between the Nicaraguan
Adjustment and Central American Relief Act (NACARA) and the INA in the
context of DV eligibility; problems related to the Department of
Labor's O*NET Online system's classification of occupations; demands to
eliminate the DV Program altogether; criticism of broader immigration
policies; and general suggestions for public messaging campaigns.
Regulatory Findings
Administrative Procedure Act
On February 21, 2025, Secretary of State Marco Rubio issued an
official determination clarifying that all policy related to visa
operations and issuance (``entry, and exit of people''), among other
matters, constitutes a foreign affairs function of the United States
under the Administrative Procedure Act, 5 U.S.C. 553 (90 FR 12200).
This determination exempts this rulemaking from notice-and-comment
requirements, however, the Department recognizes the value of public
participation in the formulation of this rule and the associated
information collection, and the Department solicited public comments
for a 45-day period (90 FR 37437). Comments received during this period
are addressed in this Notice.
Regulatory Flexibility Act/Executive Order 13272: Small Business
This rulemaking is not a ``rule'' as defined by the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.); therefore, that Act does not
apply to it. However, the Department of State has reviewed this
regulation and, by approving it, certifies that it does not regulate
``small entities'' as that term is defined in 5 U.S.C. 601(6) and as
such does not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates 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 final rule
does not result in such an expenditure, and it does not significantly
or uniquely affect small governments. Therefore, no actions are
necessary under the provisions of the Unfunded Mandates Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by the Small Business
Regulatory Enforcement Act of 1996 (5 U.S.C. 801 et seq.). This rule
does not result in an annual effect on the economy of $100 million or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and import markets.
Executive Orders 12866 and 13563
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 11900]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. The Department of
State does not consider this final rule to be an economically
significant regulatory action under Executive Order 12866, Section
3(f)(1).
The Department reviewed the regulation to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive Orders. The Department finds that the costs of this rule,
which are outlined in the preamble above, are outweighed by the
benefits in protecting national security and the integrity of the DV
Program.
Executive Order 12372 and 13132: Federalism
This rule does not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, this rule does not have sufficient federalism
implications to require consultations or warrant the preparation of a
federalism summary impact statement.
Executive Order 12988: Civil Justice Reform
The Department reviewed this rule considering sections 3(a) and
3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize
litigation, establish clear legal standards, and reduce burden.
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.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department determined that this rulemaking does not have tribal
implications, does not impose substantial direct compliance costs on
Indian tribal governments, and does not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that agencies consider the burden imposed on members of the public by
agency information collection actions. Agencies must limit information
collection to only that which is necessary to fulfill their statutory
missions, guarding against the collection of unnecessary or duplicative
information that imposes unjustified costs.
As announced in the NPRM (90 FR 37437), this rule requires a change
to the information collected in, and the public burden imposed by, the
DS-5501, Electronic Diversity Visa Entry Form, and members of the
public were invited to comment on the burden imposed by these changes
during the 45-day notice-and-comment period.
Contained in this final rulemaking are the following changes to the
information collection:
1. The DS-5501 is amended to require entrants to provide proof of a
valid, unexpired passport.
2. The word ``Gender'' is replaced with ``Sex.''
3. The form is also revised to include a fee payment page,
consistent with the announcement of the $1 Diversity Visa Registration
Fee in the ``Schedule of Fees for Consular Services, Department of
State and Overseas Embassies and Consulates-Visa Services Fee Changes''
(90 FR 44524) Public Notice.
4. The burden estimate is updated to 90 minutes per response.
Supplementary Information
<bullet> Title of Information Collection: Electronic Diversity Visa
Entry Form.
<bullet> OMB Control Number: 1405-0153.
<bullet> Type of Request: Reinstatement with change.
<bullet> Originating Office: CA/VO.
<bullet> Form Number: DS-5501.
<bullet> Respondents: Diversity Visa Petitioners.
<bullet> Estimated Number of Respondents: 10,000,000.
<bullet> Estimated Number of Responses: 10,000,000.
<bullet> Average Time per Response: 90 minutes.
<bullet> Total Estimated Burden Time: 15,000,000 hours.
<bullet> Frequency: Annually.
<bullet> Obligation to Respond: Required to Obtain or Retain a
Benefit.
Abstract of Proposed Collection
The Department of State uses the Electronic Diversity Visa Entry
(DS-5501) to elicit information necessary to establish the eligibility
of the petitioner for the DV Program.
Methodology
The DS-5501 is available online at <a href="https://dvprogram.state.gov">https://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 amends 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: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat.
2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection
of Children and Co-operation in Respect of Intercountry Adoption
(done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998),
1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-14954
(Pub. L. 106-279, 114 Stat. 825); 8 U.S.C. 1101 (Pub L. 117-31, 135
Stat. 309); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8
U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561).
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2. Revise Sec. 42.33 to read as follows:
Sec. 42.33 Diversity immigrants.
(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
[[Page 11901]]
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 Online 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, 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
Sec. 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 his or
her 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. 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
[[Page 11902]]
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
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. (1) An electronic registration fee
will be collected at the time of registration.
(2) 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,
Principal Deputy Assistant Secretary, Bureau of Consular Affairs,
Department of State.
[FR Doc. 2026-04737 Filed 3-10-26; 8:45 am]
BILLING CODE 4710-05-P
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</html>Indexed from Federal Register on March 11, 2026.
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.