Certain Diversity Visa applicant requirements removed

The U.S. State Department recently published a Federal Register notice, removing the requirement that Diversity Visa entrants provide certain passport information.

Key Points:

• Individuals submitting an electronic DV entry form are not required to provide a unique serial or issuance number associated with the principal entrant’s passport or claim an exemption to the passport requirement.
• The final rule took effect on June 10, 2022.
• Applicants will no longer be penalized for submitting inaccurate or incomplete passport information as it is no longer relevant to the applicant’s eligibility.
• The full Federal Register notice is available here.

Background: In February 2022, a federal district court vacated the 2019 regulation that required DV entrants to submit valid passport information on their DV entry forms. The State Department removed the regulation to comply with the court’s ruling. Before the recent court ruling, entrants who submitted inaccurate or incomplete passport information would be automatically disqualified for that year’s DV selection.

BAL Analysis: BAL will continue to monitor changes to DV requirements and DV cases and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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