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Diversity Visa Program Requirements Clarified in New Interim Rule August 9, 2002 The US State Department has
issued an Interim Rule clarifying and amending portions of the Diversity Visa
regulations, including clarifying the definition of "high
school education or its equivalent," and 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. ******************************************************** [Federal Register: August 9, 2002 (Volume 67, Number 154)] ======================================== DEPARTMENT OF STATE 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. FOR FURTHER INFORMATION CONTACT: Pam Chavez, Office of Legislation and Regulations, Visa Office, phone (202) 663-1206, or e-mail chavezpr@state.gov. 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://online.onetcenter.org. 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 requirements. List of Subjects in 22 CFR Part 42 Aliens, Documentation, Immigrants, Passports and visas. Accordingly, 22 CFR part 42 is amended as follows: PART 42--[AMENDED] 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: Sec. 42.33 Diversity immigrants. * * * * * [[Page 51754]] down, or to the side, and must cover about 50% of the photo area; Dated: July 31, 2002. |
