Code of Federal Regulations 22 - 42.33


 

[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR42.33]

[Page 226-227]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY 
ACT, AS AMENDED--Table of Contents
 
         Subpart D--Immigrants Subject to Numerical Limitations
 
Sec. 42.33  Diversity immigrants.

    (a) General--(1) Eligibility to compete for consideration under 
section 203(c). An alien shall be eligible to compete for consideration 
for visa issuance under INA 203(c) during a fiscal year only if he or 
she is a native of a low-admission foreign state, as determined by the 
Attorney General pursuant to INA 203(c)(1)(E)(i), with respect to the 
fiscal year in question; and if he or she has at least a high school 
education or its equivalent or, within the five years preceding the date 
of application for a visa, has two years of work experience in an 
occupation requiring at least two years training or experience.
    (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.
    (3) Determinations of work experience. The most recent edition of 
the Dictionary of Occupational Titles published by the Employment and 
Training Administration, United States Department of Labor, shall be 
controlling in determining whether a particular occupation is one 
``which requires at least 2 years of training or experience'' as 
provided in INA 203(c)(2).
    (4) Limitation on number of petitions per year. No more than one 
petition may be submitted by, or on behalf of, any alien for 
consideration during any single fiscal year. If two or more petitions 
for any single fiscal year are submitted by, or on behalf of, any alien, 
all such petitions shall be void and the alien by or for whom submitted 
shall not be eligible for consideration for visa issuance during the 
fiscal year in question.
    (5) Northern Ireland. For purposes of determining eligibility to 
file a petition for consideration under INA 203(c) for a fiscal year, 
the districts comprising that portion of the United Kingdom of Great 
Britain and Northern Ireland, known as ``Northern Ireland'', shall be 
treated as a separate foreign state. The districts comprising ``Northern 
Ireland'' are Antrim, Ards, Armagh, Ballymena, Ballymoney, Banbridge, 
Belfast, Carrickfergus, Castlereagh, Coleraine, Cookstown, Craigavon, 
Down, Dungannon, Fermanagh, Larne, Limavady, Lisburn, Londonderry, 
Magherafelt, Moyle, Newry and Mourne, Newtownabbey, North Down, Omagh, 
and Strabane.
    (b) Petition for consideration--(1) Form of petition. An alien 
claiming to be entitled to compete for consideration under INA 203(c) 
shall file a petition for such consideration. The petition shall consist 
of a sheet of paper on which shall be typed or legibly printed in the 
Roman alphabet the petitioner's name; date and place of birth (including 
city and country, province or other political subdivision of the 
country); the country of which the alien claims to be a native, if other 
than the country of birth; name[s] and date[s] and place[s] of birth of 
spouse and child[ren], if any; a current mailing address; and location 
of consular office nearest to current residence or, if in the United 
States, nearest to last foreign residence prior to entry into the United 
States. The alien shall sign his or her signature on the sheet of paper, 
using his or her usual signature. The alien shall also affix to the 
sheet of paper a recent photograph of himself or herself. The photograph 
shall be 1\1/2\ inches square (37mm  x  37mm) and the alien shall 
clearly print his or her name in the Roman alphabet on the reverse of 
the photograph before affixing the photograph to the sheet of paper.
    (2) Submission of petition--(i) General. A petition for 
consideration for visa issuance under INA 203(c) shall be submitted by 
mail to the address designated by the Department for that purpose. The 
Department shall establish a period of not less than thirty days during 
each fiscal year during which petitions for consideration during the 
next following fiscal year may be submitted. Each fiscal year, the 
Department shall give timely notice of both the mailing address and the 
exact

[[Page 227]]

dates of the application period, through publication in the Federal 
Register and such other methods as will ensure the widest possible 
dissemination of the information, both abroad and within the United 
States.
    (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 will not be given 
consideration. 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 inches (15 cm to 25 
cm) in length and between 3 and one-half and 4 and one-half inches (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.
    (c) Processing of petitions. Envelopes received at the mailing 
address during the application period established for the fiscal year in 
question and meeting the requirements of subsection (b) shall be 
assigned a number in a separate numerical sequence established for each 
regional area specified in INA 203(c)(1)(F). Upon completion of the 
numbering of all envelopes, all numbers assigned for each region shall 
be separately rank-ordered at random by a computer using standard 
computer software for this purpose. The Department shall then select in 
the rank orders determined by the computer program a quantity of 
envelopes for each region estimated to be sufficient to ensure, to the 
extent possible, usage of all immigrant visas authorized under INA 
203(c) for the fiscal year in question.
    (d) Approval of petitions. Envelopes selected pursuant to paragraph 
(c) of this section shall be opened and reviewed. Petitions which are 
legible and contain the information specified in paragraph (b) of this 
section shall be approved for further consideration.
    (e) Validity of approved petitions. A petition approved pursuant to 
paragraph (d) of this section shall be valid for a period not to exceed 
Midnight of the last day of the fiscal year for which the petition was 
submitted.
    (f) Order of consideration. Further consideration for visa issuance 
of aliens whose petitions have been approved pursuant to paragraph (d) 
of this section shall be in the regional rank orders established 
pursuant to paragraph (c) of this section.
    (g) Further processing. The Department shall inform applicants whose 
petitions have been approved pursuant to paragraph (d) of this section 
of the steps necessary to meet the requirements of INA 222(b) in order 
to apply formally for an immigrant visa.
    (h) Maintenance of information concerning petitioners who are visa 
recipients. (1) The Department shall compile and maintain the following 
information concerning petitioners to whom immigrant visas are issued 
under INA 203(c):
    (i) age;
    (ii) country of birth;
    (iii) marital status;
    (iv) sex;
    (v) level of education; and
    (vi) occupation and level of occupational qualification.
    (2) Names of visa recipients shall not be maintained in connection 
with this information and the information shall be compiled and 
maintained in such form that the identity of visa recipients cannot be 
determined therefrom.
    (i) Processing fee. In addition to collecting the immigrant visa 
application and, if applicable, issuance fees, as provided in 
Sec. 42.71(b) of this part, the consular officer shall also collect from 
each applicant for a visa under the Diversity Immigrant Visa Program 
such processing fee as the Secretary of State shall prescribe.

[59 FR 15301, Mar. 31, 1994; as amended at 61 FR 1524, Jan. 22, 1996]