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STATE DEPARTMENT REVISES DIVERSITY VISA LOTTERY RULES

This week the Department of State issued a new interim rule changing some of the regulations implementing the diversity visa lottery program. The rules deal with the meaning of “high school education or its equivalent” as well as make changes designed to help combat fraud.

Previously, when work experience was used as the equivalent of high school graduation, the employment position was compared to those in the US Department of Labor Dictionary of Occupational Titles. The Labor Department has phased out this publication and replaced it with the O*Net online system.  To reflect this change, the State Department will begin using O*Net classifications in determining whether an applicant has the equivalent of a high school education. The O*Net system is available online at http://online.onetcenter.org. Regulations dealing with the type of photographs that need to be submitted are also being changed. Photos must now be between 1 ½ inches by 1 ½ inches and 2 inches by 2 inches (37 to 50 mm square). 

Photos of the applicant with a head covering are acceptable, but only if the applicant’s face is not obscured, and only if the head covering is religiously mandated.  Applications must include not only photos of the principle applicant but also photos of the applicant’s spouse and dependent (unmarried and under 21) children. The photos are to be of the applicant directly facing the camera, and may be either in color or black and white. The name and birth date of each person should be printed on the back of the photo.

The State Department is expected to release rules on how to apply for the lottery later this month.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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