DOS Publishes Final Rule on Diversity Visa Program

[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2369]
From the Federal Register Online via GPO Access []



22 CFR Part 42

[Public Notice: 6457]

RIN 1400-AB84

Visas: Documentation of Immigrants Under the Immigration and
Nationality Act, as Amended: Electronic Petition for Diversity
Immigrant Status

AGENCY: State Department.

ACTION: Final rule.


SUMMARY: This rule makes final an interim rule published in the Federal
Register on August 18, 2003, amending the Department’s regulations
pertaining to the manner in which aliens may petition for the
opportunity to participate in the Diversity Visa Program. The rule
changed the standard mail-in system previously used to an entirely
electronic system for the purpose of making the process less prone to
fraud, improve efficiency and significantly reduce the processing costs
to the Government.

DATES: Effective Date: This rule is effective on January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Lauren Prosnik, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1202, e-mail (


Why is the Department promulgating this rule?

The Department published an interim rule, Public Notice 4446 at 68
FR 49353, Aug. 18, 2003, with a request for comments. The comment
period expired on October 17, 2003. No public comments were received
during the comment period.

What did the rule do?

The rule amended the Department’s regulations at 22 CFR 42.33 to
establish an entirely electronic system utilizing a specifically
designated Internet Web site, by which aliens can petition for the
opportunity to participate in the Diversity Visa Program.

Why was the petitioning process changed?

There are three main benefits to changing the mail-in process to an
electronic format. First, it helps eliminate multiple applications,
prohibited under INA Section 204(a)(1)(I). Secondly, it greatly reduces
the cost of administering the system. Finally, it benefits the
petitioners by immediately notifying them of the receipt of the
petition, impossible under the mail-in system.


Accordingly, the interim rule amending 22 CFR part 42 which was
published at 68 FR 49353 on August 18, 2003, is adopted as final
without change.

Dated: January 2, 2009.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E9-698 Filed 1-14-09; 8:45 am]


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