ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: August 9, 2002 (Volume 67, Number 154)]
[Rules and Regulations]               
[Page 51752-51754]
From the Federal Register Online via GPO Access []



22 CFR Part 42

[Public Notice 4093]

Visas: Documentation of Immigrants Under the Immigration and 
Nationality Act, as Amended--Diversity Visas

ACTION: Interim rule with request for comments.


SUMMARY: This interim rule makes certain amendments to the regulations 
implementing the Diversity Visa (DV) Program. The amendments are 
necessary to further clarify statutory requirements and to enhance the 
Department's ability to combat fraudulent practices in the DV Program. 
The Department is also amending the regulations to further clarify the 
definition of ``high school education or its equivalent,'' to eliminate 
the use of the Dictionary of Occupational Titles as a means to 
determine the applicant's work experience, and to define further 
acceptable photographs.

DATES: Effective Date: This rule takes effect on September 9, 2002.
    Comment Date: Please submit written comments no later than 
September 9, 2002.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to: Chief, Office of Legislation and Regulations, Visa 
Office, Department of State, Washington, DC 20520-0106, by fax at (202) 
663-3898, or by e-mail to

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Office of Legislation and 
Regulations, Visa Office, phone (202) 663-1206, or e-mail

SUPPLEMENTARY INFORMATION: The DV Program is provided for in sections 
201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the Immigration and 
Nationality Act (INA), as amended. The Department's regulations are 
found at 22 CFR 42.33.

How Is the Department Amending Its Regulations?

O*Net OnLine replaces ``Dictionary of Occupational Titles''

    The Department of Labor no longer maintains or publishes the 
Dictionary of Occupational Titles which has been used as a means for 
determining an applicant's work experience. Therefore, beginning with 
cases processed for the DV 2003 Program, the Department of Labor's 
O*Net OnLine will be the only source of information used to determine 
qualifying work experience. The O*Net OnLine can be accessed at http://

Photographs for Applicant and Dependents

    The Department is also modifying its regulations regarding the 
photograph to be submitted. Photographs submitted for the 2004 DV 
Program must be between

[[Page 51753]]

1\1/2\ by 1\1/2\ and 2 by 2 inches or (37 to 50 mm) square. Photos 
showing the alien with hats or head coverings are acceptable but only 
if they do not obscure any portion of the applicant's face.

Why Are the Regulations Being Modified?

    During the processing of the immigrant visa applications of aliens 
selected to compete for immigrant visas in earlier years, several 
consular offices encountered cases in which the visa applicant was 
proven, or strongly suspected, to be an impostor--that is, not the 
individual who had submitted the petition which had been selected. 
Thus, in order to provide additional deterrents to such abuses, the 
Department is amending its regulations. Also, the Department is 
amending its regulation regarding the work experience requirement. 
Since the Department of Labor no longer maintains or publishes the 
Dictionary of Occupational Titles, the Department of Labor's O*Net On-
Line will now be the only source of information used to determine 
whether an applicant meets the work experience requirement.

Interim Rule

Administrative Procedure Act

    The Department's implementation of this regulation as an interim 
rule is based upon the ``good cause'' exceptions found at 5 U.S.C. 
553(b)(B) and (d)(3). The publication of this rule as an interim rule 
will allow sufficient time for interested persons to comment on the 
regulatory changes and allows for timely registration for the DV-2004 
Program scheduled for early October 2002.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will 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 export markets.

Executive Order 12866

    The Department of State does not consider this rule, to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. Therefore, in accordance with the 
letter to the Department of State of February 4, 1994 from the Director 
of the Office of Management and Budget, it does not require review by 
the Office of Management and Budget.

Executive Order 13132

    This regulation will 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, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 

List of Subjects in 22 CFR Part 42

    Aliens, Documentation, Immigrants, Passports and visas.

    Accordingly, 22 CFR part 42 is amended as follows:


    1. The authority citation for part 42 continues to read as follows:

    Authority: 8 U.S.C. 1104; 2651a.

    2. Amend Sec. 42.33 as follows:
    a. By revising paragraphs (a)(2) and (a)(3); and
    b. By revising paragraphs (b)(1)(iii), (b)(2), (b)(3), and 
(b)(4)(ii) to read as follows:

Sec. 42.33  Diversity immigrants.

* * * * *
    (a) * * *
    (2) Definition of high school education or its equivalent. For the 
purposes of this section, the phrase high school education or its 
equivalent shall mean 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. In order to be 
considered comparable to a U.S. high school education, a foreign course 
of study must provide the alien with the minimum academic records 
required for admission to study in U.S. universities or colleges as 
determined in the most recent edition of the publication entitled 
``Foreign Credentials Required for Consideration of Admission to 
Universities and Colleges in the United States.
    (3) Determinations of work experience. For all cases registered for 
the 2003 Diversity Visa Program, consular officers shall use the 
Department of Labor's O*Net OnLine to determine qualifying work 
* * * * *
    (b) * * *
    (1) * * *
    (iii) Name(s), and date(s) and place(s) of birth of spouse and all 
child(ren), if any, (including legally-adopted and stepchildren, 
regardless of whether or not they are living with the petitioner or 
intend to accompany or follow to join the petitioner), but excluding 
those children who are already U.S. citizens or LPRs); and
* * * * *
    (2) Signatures. The petitioner shall personally sign his or her 
signature on the sheet of paper, in his or her native alphabet. 
(Neither an initialed signature nor block printing of the petitioner's 
name will be accepted. The use of either will result in the 
disqualification of the entry).
    (3) Photographs. The alien shall also affix to the entry a 
photograph of himself or herself and photographs of his or her spouse 
and all unmarried children under the age of 21 years. The photographs 
shall meet the following specifications:
    (i) The photograph must be between 1\1/2\ by 1\1/2\ and 2 by 2 
inches (37 to 50 mm) square;
    (ii) The alien shall print his or her name and date of birth on the 
back of the photograph;
    (iii) The alien must be directly facing the camera; the head of the 
person being photographed shall not be tilted up,

[[Page 51754]]

down, or to the side, and must cover about 50% of the photo area;
    (iv) The photograph must be taken with the person in front of a 
neutral, light-colored background;
    (v) The alien's face must be in focus;
    (vi) The person in the photograph shall not wear sunglasses or 
other paraphernalia which detracts from the face;
    (vii) Photos with the alien wearing head coverings or hats are only 
acceptable due to religious beliefs, and even then, may not obscure any 
portion of the face of the applicant. Photos of applicants wearing 
tribal, military, airline or other headwear not specifically religious 
in nature will not be accepted;
    (viii) Photographs may be either color or black and white.
    (4) * * *
    (ii) Form of mailing. Petitions for consideration under this 
section shall be submitted by normal surface or air mail only. 
Petitions submitted by hand, telegram, FAX, or by any means requiring 
any form of special handling or acknowledgement of receipt such as 
express or priority mail, second day airmail, fax, hand or messenger 
delivery) will not be processed. The petitioner shall type or print 
legibly, using the Roman alphabet, on the upper left-hand corner of the 
envelope in which the petition is mailed his or her full name and 
mailing address, and the name of the country of which the petitioner is 
a native, as shown on the petition itself. Envelopes shall be between 
6" and 10" (15 cm to 25 cm) in length and between 3\1/2\" and 4\1/2\" 
(9 cm to 11 cm) in width. Envelopes not bearing this information and/or 
not conforming to the restrictions as to size shall not be processed 
for consideration.
* * * * *

    Dated: July 31, 2002.
George Lannon,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-20211 Filed 8-8-02; 8:45 am]