65012 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

DEPARTMENT OF STATE

[Public Notice 4888] 

Bureau of Consular Affairs; 

Registration for the Diversity 

Immigrant (DV–2006) Visa Program

ACTION: Notice of Registration for the 

Diversity Immigrant Visa Program. 

This public notice provides 

information on how to apply for the DV 

2006 Program. This notice is issued 

pursuant to 22 CFR 42.33(b)(3) which 

implements sections 201(a)(3), 201(e), 

203(c) and 204(a)(1)(G) of the 

Immigration and Nationality Act, as 

amended, (8 U.S.C. 1151, 1153, and 

1154(a)(1)(G)). 

Instructions for the 2006 Diversity 

Immigrant Visa Program (DV–2006) 

The congressionally mandated 

Diversity Immigrant Visa Program is 

administered on an annual basis by the 

Department of State and conducted 

under the terms of Section 203(c) of the 

Immigration and Nationality Act (INA). 

Section 131 of the Immigration Act of 

1990 (Pub. L. 101–649) amended INA 

203 to provide for a new class of 

immigrants known as ‘‘diversity 

immigrants’’ (DV immigrants). The Act 

makes available 50,000 permanent 

resident visas annually to persons from 

countries with low rates of immigration 

to the United States. 

The annual DV program makes 

permanent residence visas available to 

persons meeting the simple, but strict, 

eligibility requirements. Applicants for 

Diversity Visas are chosen by a 

computer-generated random lottery 

drawing. The visas, however, are 

distributed among six geographic 

regions with a greater number of visas 

going to regions with lower rates of 

immigration, and with no visas going to 

citizens of countries sending more than 

50,000 immigrants to the U.S. in the 

past five years. Within each region, no 

one country may receive more than 

seven percent of the available Diversity 

Visas in any one year. 

For DV–2006, natives of the following 

countries are not eligible to apply 

because they sent a total of more than 

50,000 immigrants to the U.S. in the 

previous five years (the term ‘‘country’’

in this notice includes countries, 

economies and other jurisdictions 

explicitly listed in this notice): Canada, 

China (mainland-born), Colombia, 

Dominican Republic, El Salvador, Haiti, 

India, Jamaica, Mexico, Pakistan, 

Philippines, Russia, South Korea, 

United Kingdom (except Northern 

Ireland) and its dependent territories, 

and Vietnam. Persons born in Hong 

Kong SAR, Macau SAR and Taiwan are 

eligible. 

Application Submission Dates 

Entries for the DV–2006 Diversity 

Visa Lottery must be submitted 

electronically between noon (EST) on 

Friday, November 5, 2004 and noon 

(EST) on Friday, January 7, 2005. 

Applicants may access the electronic 

Diversity Visa entry form at http://

www.dvlottery.state.gov during the 

registration period beginning noon 

November 5, 2004. Paper entries will 

not be accepted. Applicants are strongly 

encouraged to not wait until the last 

week of the registration period to enter. 

Heavy demand may result in delays. No 

entries will be accepted after noon (EST) 

on January 7, 2005. 

Requirements for Entry 

Applicant must be a native of one of 

the countries listed. See ‘‘List of 

Countries by Region Whose Natives 

Qualify.’’

In most cases this means the country 

in which the applicant was born. 

However, there are two other ways a 

person may be able to qualify. First, if 

a person was born in a county whose 

natives are ineligible but his/her spouse 

was born in a country whose natives are 

eligible, such person can claim the 

spouse’s country of birth provided both 

the applicant and spouse are issued 

visas and enter the U.S. simultaneously. 

Second, if a person was born in a 

country whose natives are ineligible, but 

neither of his/her parents was born 

there or resided there at the time of his/

her birth, such person may claim 

nativity in one of the parents’ country 

of birth if it is a country whose natives 

qualify for the DV–2006 program. 

Applicants must meet either the 

education OR training requirement of 

the DV program. 

An applicant must have EITHER a 

high school education or its equivalent, 

defined as successful completion of a 

12-year course of elementary and 

secondary education; OR two years of 

work experience within the past five 

years in an occupation requiring at least 

two years of training or experience to 

perform. The U.S. Department of Labor’s 

O*Net OnLine database will be used to 

determine qualifying work experience. 

If the applicant cannot meet these 

requirements, he/she should NOT 

submit an entry to the DV program. 

Procedures for Submitting an Entry to 

DV–2006 

The Department of State will ONLY 

accept completed Electronic Diversity 

Visa Entry Forms submitted 

electronically at http://

www.dvlottery.state.gov during the 

registration period beginning at 12 pm 

EST (GMT–5) on November 5, 2004 and 

ending at 12 pm EST (GMT–5) on 

January 7, 2005.

All entries by an applicant will be 

disqualified if more than ONE entry for 

the applicant is received, regardless of 

who submitted the entry. Applicants 

may prepare and submit their own 

entries, or have someone submit the 

entry for them. 

Successfully registered entries will 

result in the display of a confirmation 

screen containing the applicant’s name, 

date of birth, country of chargeability, 

and a date/time stamp. The applicant 

may print this confirmation screen for 

his/her records using the print function 

of their web browser. 

Paper entries will not be accepted. 

The entry will be disqualified if all 

required photos are not submitted. 

Recent photographs of the applicant and 

his/her spouse and each child under 21 

years of age, including all natural 

children as well as all legally-adopted 

and stepchildren (except a child who is 

already a U.S. citizen or a Legal 

Permanent Resident), even if a child no 

longer resides with the applicant or is 

not intended to immigrate under the DV 

program, must be submitted 

electronically with the Electronic 

Diversity Visa Entry Form. Group or 

family photos will not be accepted; 

there must be a separate photo for each 

family member. 

A digital photo (image) of each 

applicant, his/her spouse, and children 

must be submitted on-line with the EDV 

Entry Form. The image file can be 

produced either by taking a new digital 

photograph or by scanning a 

photographic print with a digital 

scanner. 

Instructions for Submitting a Digital 

Photo (Image) 

The image file must adhere to the 

following compositional specifications 

and technical specifications and can be 

produced in one of the following ways: 

taking a new digital image; or using a 

digital scanner to scan a submitted 

photograph. 

Compositional Specifications 

The submitted digital image must 

conform to the following compositional 

specifications or the entry will be 

disqualified. The person being 

photographed must directly face the 

camera. The head of the person should 

not be tilted up, down, or to the side. 

The head should cover about 50% of the 

area of the photo. The photograph 

should be taken with the person in front 

of a neutral, light-colored background. 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 65013

Dark or patterned backgrounds are not 

acceptable. The photo must be in focus. 

Photos in which the person being 

photographed is wearing sunglasses or 

other items that detract from the face 

will not be accepted. Photos of 

applicants 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 with tribal or other 

headgear not specifically religious in 

nature will not be accepted. Photos of 

military, airline, or other personnel 

wearing hats will not be accepted. 

Technical Specifications 

The submitted digital photograph 

must conform to the following technical 

specifications or the system will 

automatically reject the EDV Entry Form 

and notify the sender. 

When taking a new digital image: the 

image file format must be in the Joint 

Photographic Experts Group (JPEG) 

format; it must have a maximum image 

file size of sixty-two thousand five 

hundred (62,500) bytes; the image 

resolution must be 320 pixels high by 

240 pixels wide; the image color depth 

24-bit color, or 8-bit color, or 8-bit 

grayscale. [Note: Monochrome images 

(2-bit color depth) will not be accepted.] 

Before a photographic print is 

scanned it must meet the following 

specifications: the print size must be 2 

inches by 2 inches (50mm x 50mm) 

square; the print color image must be 

either in color or grayscale. 

The photographic print must also 

meet the compositional specifications. If 

the photographic print meets the print 

size, print color and compositional 

specifications, scan the print using the 

following scanner specifications: 

scanner resolution must be 150 dots per 

inch (dpi); the image file in Joint 

Photographic Experts Group (JPEG) 

format; maximum image file size will be 

sixty-two thousand five hundred 

(62,500) bytes; the image resolution at 

300 by 300 pixels; the image color depth 

24-bit color or 8-bit color or 8-bit 

grayscale. [Note: Monochrome images 

(2-bit color depth) will not be accepted.] 

Information Required for the Electronic 

Entry 

There is only one way to enter the 

DV–2006 lottery. Applicants must 

submit an Electronic Diversity Visa 

Entry Form (EDV Entry Form), which is 

accessible only at http://

www.dvlottery.state.gov. Failure to 

complete the form in its entirety will 

disqualify the applicant’s entry. 

Applicants will be asked to submit the 

following information on the EDV Entry 

Form. 

1. Full Name—Last/Family Name, 

First Name, Middle Name. 

2. Date of Birth—Day, Month, Year. 

3. Gender—Male or Female. 

4. City/Town of Birth. 

5. Country of Birth—The name of the 

country should be that which is 

currently in use for the place where the 

applicant was born. 

6. Applicant Photograph—(See 

information in this notice on photo 

specifications). 

7. Mailing Address—Address, City/

Town, District/Country/Province/State, 

Postal Code/Zip Code, Country. 

8. Phone Number (optional). 

9. E-mail Address (optional).

10. Country of Eligibility if the 

Applicant’s Native Country is Different 

from Country of Birth—If the applicant 

is claiming nativity in a country other 

than his/her place of birth, this 

information must be indicated on the 

entry. 

11. Marriage Status—Unmarried, 

Married, Divorced, Widowed, Legally 

Separated. 

12. Number of Children that are 

Unmarried and Under 21 Years of 

Age—Except children that are either 

U.S. legal permanent residents or 

American citizens. 

13. Spouse Information—Name, Date 

of Birth, Gender, City/Town of Birth, 

Country of Birth, Photograph. 

14. Children Information—Name, 

Date of Birth, Gender, City/Town of 

Birth, Country of Birth, Photograph.

Note: Entries must include the name, date 

and place of birth of the applicant’s spouse 

and all natural children, as well as all legallyadopted and stepchildren, who are 

unmarried and under the age of 21 (except 

children who are already U.S. citizens or 

Legal Permanent Residents), even if they are 

no longer legally married to the child’s 

parent, and even if the spouse or child does 

not currently reside with you and/or will not 

immigrate with you. Note that married 

children and children 21 years or older will 

not qualify for the diversity visa. Failure to 

list all children will result in your 

disqualification for the visa. (See question 11 

on the list of Frequently Asked Questions.)

Selection of Applicants 

Applicants will be selected at random 

by computer from among all qualified 

entries. Those selected will be notified 

by mail between May and July 2005 and 

will be provided further instructions, 

including information on fees connected 

with immigration to the U.S. Persons 

not selected will not receive any 

notification. U.S. embassies and 

consulates will not be able to provide a 

list of successful applicants. Spouses 

and unmarried children under age 21 of 

successful applicants may also apply for 

visas to accompany or follow to join the 

principal applicant. DV–2006 visas will 

be issued between October 1, 2005 and 

September 30, 2006. 

In order to actually receive a visa, 

applicants selected in the random 

drawing must meet all eligibility 

requirements under U.S. law. Processing 

of entries and issuance of diversity visas 

to successful applicants and their 

eligible family members must occur by 

midnight on September 30, 2006. Under 

no circumstances can diversity visas be 

issued or adjustments approved after 

this date, nor can family members 

obtain diversity visas to follow to join 

the applicant in the U.S. after this date. 

Important Notice 

No fee is charged to enter the annual 

DV program. The U.S. Government 

employs no outside consultants or 

private services to operate the DV 

program. Any intermediaries or others 

who offer assistance to prepare DV 

casework for applicants do so without 

the authority or consent of the U.S. 

Government. Use of any outside 

intermediary or assistance to prepare a 

DV entry is entirely at the applicant’s 

discretion. 

A qualified entry submitted 

electronically directly by an applicant 

has an equal chance of being selected by 

the computer at the Kentucky Consular 

Center as does an entry submitted 

electronically through a paid 

intermediary who completes the entry 

for the applicant. Every entry received 

during the lottery registration period 

will have an equal random chance of 

being selected within its region. 

However, receipt of more than one entry 

per person will disqualify the person 

from registration, regardless of the 

source of the entry. 

Frequently Asked Questions About DV 

Registration 

1. What Does the Term ‘‘Native’’ Mean? 

Are There Any Situations in Which 

Persons Who Were Not Born in a 

Qualifying Country May Apply? 

‘‘Native’’ ordinarily means someone 

born in a particular country, regardless 

of the individual’s current country of 

residence or nationality. But for 

immigration purposes ‘‘native’’ can also 

mean someone who is entitled to be 

‘‘charged’’ to a country other than the 

one in which he/she was born under the 

provisions of Section 202(b) of the 

Immigration and Nationality Act. 

For example, if a principal applicant 

was born in a country that is not eligible 

for this year’s DV program, he or she 

may claim ‘‘chargeability’’ to the 

country where his/her derivative spouse 

was born, but he/she will not be issued 

65014 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

a DV–1 unless the spouse is also eligible 

for and issued a DV–2, and both must 

enter the U.S. together on the DVs. In a 

similar manner, a minor dependent 

child can be ‘‘charged’’ to a parent’s 

country of birth. Finally, any applicant 

born in a country ineligible for this 

year’s DV program can be ‘‘charged’’ to 

the country of birth of either parent as 

long as neither parent was a resident of 

the ineligible country at the time of the 

applicant’s birth. In general, people are 

not considered residents of a country in 

which they were not born or legally 

naturalized if they are only visiting the 

country temporarily or stationed in the 

country for business or professional 

reasons on behalf of a company or 

government. An applicant who claims 

alternate chargeability must indicate 

such information on the application for 

registration. 

2. Are There Any Changes or New 

Requirements in the Application 

Procedures for This Diversity Visa 

Registration? 

All DV–2006 lottery entries must be 

submitted electronically at http://

www.dvlottery.state.gov between 12 pm 

(EST) Friday, November 5, 2004 and 12 

pm (EST) Friday, January 7, 2005. No 

paper entries will be accepted. 

The Department of State implemented 

an electronic registration system for last 

year’s lottery in order to make the 

Diversity Visa process more efficient 

and secure. The Department utilizes 

special technology and other means to 

identify applicants who commit fraud 

for the purposes of illegal immigration 

or who submit multiple entries.

The DV–2006 Diversity Immigrant 

Visa Program registration period will 

run from noon Eastern Standard Time 

November 5, 2004 through noon Eastern 

Standard Time January 7, 2005. 

3. Are Signatures and Photographs 

Required for Each Family Member, or 

Only for the Principal Applicant? 

Signatures are not required on the 

Electronic Diversity Visa Entry Form. 

Recent and individual photos of the 

applicant, his/her spouse and all 

children under 21 years of age are 

required. Family or group photos are not 

accepted. Check the information on the 

photo requirements included in this 

notice. 

4. Why Do Natives of Certain Countries 

Not Qualify for the Diversity Program? 

Diversity visas are intended to 

provide an immigration opportunity for 

persons from countries other than the 

countries that send large numbers of 

immigrants to the U.S. The law states 

that no diversity visas shall be provided 

for natives of ‘‘high admission’’

countries. The law defines this to mean 

countries from which a total of 50,000 

persons in the Family-Sponsored and 

Employment-Based visa categories 

immigrated to the United States during 

the previous five years. Each year, the 

U.S. Citizenship and Immigration 

Services (USCIS) adds the family and 

employment immigrant admission 

figures for the previous five years in 

order to identify the countries whose 

natives must be excluded from the 

annual diversity lottery. Because there 

is a separate determination made before 

each annual DV entry period, the list of 

countries whose natives do not qualify 

may change from one year to the next. 

5. What Is the Numerical Limit for DV–

2006? 

By law, the U.S. diversity immigration 

program makes available a maximum of 

55,000 permanent residence visas each 

year to eligible persons. However, the 

Nicaraguan Adjustment and Central 

American Relief Act (NACARA) passed 

by Congress in November 1997 

stipulates that beginning as early as DV–

99, and for as long as necessary, 5,000 

of the 55,000 annually-allocated 

diversity visas will be made available 

for use under the NACARA program. 

The actual reduction of the limit to 

50,000 began with DV–2000 and 

remains in effect for the DV–2006 

program. 

6. What Are the Regional Diversity Visa 

(DV) Limits for DV–2006? 

The U.S. Citizenship and Immigration 

Services (USCIS) determines the DV 

regional limits for each year according 

to a formula specified in Section 203(c) 

of the Immigration and Nationality Act 

(INA). Once the USCIS has completed 

the calculations, the regional visa limits 

will be announced. 

7. When Will Entries for the DV–2006 

Program Be Accepted? 

The DV–2006 entry period will begin 

on noon EST Friday, November 5, 2004 

and will last for 63 days through noon 

EST Friday, January 7, 2005. Each year 

millions apply for the program during 

the registration period. The massive 

volume of entries creates an enormous 

amount of work in selecting and 

processing successful applicants. 

Holding the entry period during 

November and December will ensure 

successful applicants are notified in a 

timely manner, and will give both them 

and our embassies and consulates time 

to prepare and complete entries for visa 

issuance. Applicants are strongly 

encouraged to enter early in the 

registration period. Excessive demand at 

end of the registration period may slow 

the system down. No entries whatsoever 

will be accepted after noon EST Friday, 

January 7, 2005. 

8. May Persons Who Are in the U.S. 

Apply for the Program? 

Yes, an applicant may be in the U.S. 

or in another country, and the entry may 

be submitted from the U.S. or from 

abroad. 

9. Is Each Applicant Limited to Only 

One Entry During the Annual DV 

Registration Period? 

Yes, the law allows only one entry by 

or for each person during each 

registration period; applicants for whom 

more than one entry is submitted will be 

disqualified. The Department of State 

will employ sophisticated technology 

and other means to identify individuals 

that submit multiple entries during the 

registration period. Applicants 

submitting more than one entry will be 

disqualified and an electronic record 

will be permanently maintained by the 

Department of State. Applicants may 

apply for the program each year during 

the regular registration period. 

10. May a Husband and a Wife Each 

Submit a Separate Entry? 

Yes, a husband and a wife may each 

submit one entry, if each meets the 

eligibility requirements. If either were 

selected, the other would be entitled to 

derivative status. 

11. What Family Members Must I 

Include on My DV Entry? 

On your entry you must list your 

spouse, that is, husband or wife, and all 

unmarried children under 21 years of 

age, with the exception of children who 

are already U.S. citizens or Legal 

Permanent Residents. You must list 

your spouse even if you are currently 

separated from him/her, unless you are 

legally separated (i.e. there is a written 

agreement recognized by a court or a 

court order.) If you are legally separated 

or divorced, you do not need to list your 

former spouse. You must list ALL your 

children who are unmarried and under 

the age of 21 years, whether they are 

your natural children, your spouse’s 

children, or children you have formally 

adopted in accordance with the laws of 

your country, unless such a child is 

already a U.S. citizen or Legal 

Permanent Resident. List all children 

under 21 years of age even if they no 

longer reside with you or you do not 

intend for them to immigrate under the 

DV program.

The fact that you have listed family 

members on your entry does not mean 

that they later must travel with you. 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 65015

They may choose to remain behind. 

However, if you include an eligible 

dependent on your visa application 

forms that you failed to include on your 

original entry, your case will be 

disqualified. (This only applies to 

persons who were dependents at the 

time the original application was 

submitted, not those acquired at a later 

date.) Your spouse may still submit a 

separate entry, even though he or she is 

listed on your entry, as long as both 

entries include details on all 

dependents in your family. See question 

10 above. 

12. Must Each Applicant Submit His/

Her Own Entry, or May Someone Act on 

Behalf of an Applicant? 

Applicants may prepare and submit 

their own entries, or have someone 

submit the entry for them. Regardless of 

whether an entry is submitted by the 

applicant directly, or assistance is 

provided by an attorney, friend, relative, 

etc., only one entry may be submitted in 

the name of each person. If the entry is 

selected, the notification letter will be 

sent only to the mailing address 

provided on the entry. 

13. What Are the Requirements for 

Education or Work Experience? 

The law and regulations require that 

every applicant must have at least a 

high school education or its equivalent 

or, within the past five years, have two 

years of work experience in an 

occupation requiring at least two years 

training or experience. A ‘‘high school 

education or equivalent’’ is defined as 

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 

a high school education in the United 

States. Documentary proof of education 

or work experience should not be 

submitted with the lottery entry, but 

must be presented to the consular 

officer at the time of the visa interview. 

To determine eligibility based on work 

experience, definitions from the 

Department of Labor’s O*Net OnLine 

database will be used. 

14. How Will Successful Entrants Be 

Selected? 

At the Kentucky Consular Center, all 

entries received from each region will 

be individually numbered. After the end 

of the registration period, a computer 

will randomly select entries from among 

all the entries received for each 

geographic region. Within each region, 

the first entry randomly selected will be 

the first case registered, the second 

entry selected the second registration, 

etc. All entries received during the 

registration period will have an equal 

chance of being selected within each 

region. When an entry has been 

selected, the applicant will be sent a 

notification letter by the Kentucky 

Consular Center, which will provide 

visa application instructions. The 

Kentucky Consular Center will continue 

to process the case until those who are 

selected are instructed to appear for visa 

interviews at a U.S. consular office, or 

until those able to do so apply at a 

USCIS office in the United States for 

change of status. 

15. May Winning Applicants Adjust 

Their Status With USCIS? 

Yes, provided they are otherwise 

eligible to adjust status under the terms 

of Section 245 of the INA, selected 

applicants who are physically present in 

the United States may apply to the U.S. 

Citizenship and Immigration Services 

(USCIS) for adjustment of status to 

permanent resident. Applicants must 

ensure that USCIS can complete action 

on their cases, including processing of 

any overseas derivatives, before 

September 30, 2006, since on that date 

registrations for the DV–2006 program 

expire. No visa numbers for the DV–

2006 program will be available after 

midnight on September 30, 2006 under 

any circumstances. 

16. Will Applicants Who Are Not 

Selected Be Informed? 

No, applicants who are not selected 

will receive no response to their entry. 

Only those who are selected will be 

informed. All notification letters are 

sent within about five to seven months 

from the end of the application period 

to the address indicated on the entry. 

Since there is no notification provided 

to those not selected, anyone who does 

not receive a letter about five to seven 

months from the end of the registration 

period should assume that his/her 

application has not been selected. 

17. How Many Applicants Will Be 

Selected? 

There are 50,000 DV visas available 

for DV–2006, but more than that number 

of individuals will be selected. Because 

it is likely that some of the first 50,000 

persons who are selected will not 

qualify for visas or pursue their cases to 

visa issuance, more than 50,000 entries 

will be selected by the Kentucky 

Consular Center to ensure that all of the 

available DV visas are issued. However, 

this also means that there will not be a 

sufficient number of visas for all those 

who are initially selected. All applicants 

who are selected will be informed 

promptly of their place on the list. 

Interviews with those selected will 

begin in early October 2005. The 

Kentucky Consular Center will send 

appointment letters to selected 

applicants four to six weeks before the 

scheduled interviews with U.S. consular 

officers at overseas posts. Each month 

visas will be issued, visa number 

availability permitting, to those 

applicants who are ready for issuance 

during that month. Once all of the 

50,000 DV visas have been issued, the 

program for the year will end. In 

principle, visa numbers could be 

finished before September 2006. 

Selected applicants who wish to receive 

visas must be prepared to act promptly 

on their cases. Random selection by the 

Kentucky Consular Center computer 

does not automatically guarantee that 

you will receive a visa. 

18. Is There a Minimum Age for 

Applicants To Apply for the DV 

Program? 

There is no minimum age to apply for 

the program, but the requirement of a 

high school education or work 

experience for each principal applicant 

at the time of application will 

effectively disqualify most persons who 

are under age 18. 

19. Are There Any Fees for the DV 

Program? 

There is no fee for submitting an 

entry. A special DV case processing fee 

will be payable later by persons whose 

entries are actually selected and 

processed at a U.S. consular section for 

this year’s program. DV applicants, like 

other immigrant visa applicants, must 

also pay the regular visa fees at the time 

of visa application. Details of required 

fees will be included with the 

instructions sent by the Kentucky 

Consular Center to applicants who are 

selected. 

20. Are DV Applicants Specially 

Entitled To Apply for a Waiver of Any 

of the Grounds of Visa Ineligibility? 

No. Applicants are subject to all 

grounds of ineligibility for immigrant 

visas specified in the Immigration and 

Nationality Act. There are no special 

provisions for the waiver of any ground 

of visa ineligibility other than those 

ordinarily provided in the Act. 

21. May Persons Who Are Already 

Registered for an Immigrant Visa in 

Another Category Apply for the DV 

Program? 

Yes, such persons may apply for the 

DV program. 

65016 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

22. How Long Do Applicants Who Are 

Selected Remain Entitled To Apply for 

Visas in the DV Category? 

Persons selected in the DV–2006 

lottery are entitled to apply for visa 

issuance only during fiscal year 2006, 

i.e., from October 2005 through 

September 2006. Applicants must 

obtain the DV visa or adjust status by 

the end of the Fiscal Year (September 

30, 2006). There is no carry-over of DV 

benefits into the next year for persons 

who are selected but who do not obtain 

visas during FY–2006. Also, spouses 

and children who derive status from a 

DV–2006 registration can only obtain 

visas in the DV category between 

October 2005 and September 2006. 

Applicants who apply overseas will 

receive an appointment letter from the 

Kentucky Consular Center four to six 

weeks before the scheduled 

appointment. 

23. When Will E–DV Online Be 

Available? 

Online entry will become available at 

12 pm EST (GMT–5) on November 5, 

2004 and will end at 12 pm EST (GMT–

5) on January 7, 2005. 

24. Will I Be Able To Download and 

Save the E–DV Entry Form to a 

Microsoft Word Program (or Other 

Suitable Program) and Then Fill It Out? 

No, you will not be able to save the 

form into another program for 

completion and submission later. The 

E–DV Entry Form is a Web form only. 

This makes it more ‘‘universal’’ than a 

proprietary word processor format. 

Additionally, it does require that the 

information be filled in and submitted 

while on-line.

25. If I Don’t Have Access to a Scanner, 

Can I Send Photos to My Relative in the 

U.S. to Scan the Photos, Save the Photos 

to a Diskette, and Then Mail the 

Diskette Back to Me to Apply? 

Yes, this can be done as long as the 

photo meets the photo requirements in 

the instructions, and the photo is 

electronically submitted with, and at the 

same time the E–DV online entry is 

submitted. The applicant must already 

have the scanned photo file when they 

submit the entry on-line. The photo 

cannot be submitted separate from the 

online application. Only one on-line 

entry by or for each person can be 

submitted. Multiple submissions will 

disqualify the entry for that person for 

DV–2006. The entire entry (photo and 

application together) can be submitted 

electronically from the United States. 

26. Can I Save the Form On-Line So 

That I Can Fill Out Part and Then Come 

Back Later and Complete the 

Remainder? 

No, this cannot be done. The E–DV 

Entry Form is designed to be completed 

and submitted at one time. However, 

because the form is in two parts, and 

because of possible network 

interruptions and delays, the E–DV 

system is designed to handle up to sixty 

(60) minutes between downloading of 

the form and when the entry is received 

at the E–DV Web site after being 

submitted online. If more than sixty 

minutes elapses, and the entry has not 

been electronically received, the 

information received so far is discarded. 

This is done so that there is no 

possibility that a full entry could 

accidentally be interpreted as a 

duplicate of a previous partial entry. For 

example, suppose an applicant with a 

wife and child sends a filled in E–DV 

Entry Form Part One and then receives 

Form Part Two, but there is a delay 

before sending Part Two because of 

trouble finding the file which holds the 

child’s photograph. If the filled in Form 

Part Two is sent by the applicant and 

received by the E–DV Web site within 

sixty (60) minutes then there is no 

problem, but if the Form Part Two is 

received after sixty (60) minutes has 

elapsed then the applicant will be 

informed that they need to start over for 

the entire entry. The DV–2006 

instructions explain clearly and 

completely what information needs to 

be gathered to fill in the form. This way 

you can be fully prepared, making sure 

you have all of the information needed, 

before you start to complete the form 

on-line. 

27. If the Submitted Digital Images Do 

Not Conform to the Specifications, the 

Procedures State That the System Will 

Automatically Reject the E–DV Entry 

Form and Notify the Sender. Does This 

Mean I Will Be Able to Re-Submit My 

Entry? 

Yes, the entry can be resubmitted. 

Since the entry was automatically 

rejected it was not actually considered 

as submitted to the E–DV Web site. It 

does not count as a submitted E–DV 

entry, and no confirmation notice of 

receipt is sent. If there are problems 

with the digital photograph sent because 

it does not conform to the requirements, 

it is automatically rejected by the E–DV 

Web site. However, the amount of time 

it takes the rejection message to reach 

the sender is unpredictable due to the 

nature of the Internet. If the problems 

can be fixed by the applicant, and the 

Form Part One or Two re-sent within 

sixty (60) minutes then there is no 

problem. Otherwise the submission 

process will have to be started over. An 

applicant can try to submit an 

application as many times as is 

necessary until a complete application 

is received and the confirmation notice 

sent. 

28. Will the Electronic Confirmation 

Notice That the Completed E–DV Entry 

Form Has Been Received Through the 

Online System Be Sent Immediately 

After Submission? 

The response from the E–DV Web site 

which contains confirmation of the 

receipt of an acceptable E–DV Entry 

Form is sent by the E–DV Web site 

immediately, but how long it takes the 

response to reach the sender is 

unpredictable due to the nature of the 

Internet. If many minutes have elapsed 

since pressing the ‘‘Submit’’ button 

there is no harm in pressing the 

‘‘Submit’’ button a second time. The E–

DV system will not be confused by a 

situation where the ‘‘Submit’’ button is 

hit a second time because no 

confirmation response has been 

received. An applicant can try to submit 

an application as many times as is 

necessary until a complete application 

is received and the confirmation notice 

sent.

List of Countries by Region Whose 

Natives Qualify 

The lists below show the countries 

whose natives are QUALIFIED within 

each geographic region for this diversity 

program. The determination of countries 

within each region is based on 

information provided by the Geographer 

of the Department of State. The 

countries whose natives do not qualify 

for the DV–2006 program were 

identified by the U.S. Citizenship and 

Immigration Services (USCIS) according 

to the formula in Section 203(c) of the 

Immigration and Nationality Act. 

Dependent areas overseas are included 

within the region of the governing 

country. The countries whose natives do 

NOT qualify for this diversity program 

(because they are the principal source 

countries of Family-Sponsored and 

Employment-Based immigration, or 

‘‘high admission’’ countries) are noted 

after the respective regional lists. 

Africa 

Algeria 

Angola 

Benin 

Botswana 

Burkina Faso 

Burundi 

Cameroon 

Cape Verde 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 65017

Central African Republic 

Chad 

Comoros 

Congo 

Congo, Democratic Republic of the 

Cote D’Ivoire (Ivory Coast) 

Djibouti 

Egypt 

Equatorial Guinea 

Eritrea 

Ethiopia 

Gabon 

Gambia, The 

Ghana 

Guinea 

Guinea-Bissau 

Kenya 

Lesotho 

Liberia 

Libya 

Madagascar 

Malawi 

Mali 

Mauritania 

Mauritius 

Morocco 

Mozambique 

Namibia 

Niger 

Nigeria 

Rwanda 

Sao Tome and Principe 

Senegal 

Seychelles 

Sierra Leone 

Somalia 

South Africa 

Sudan 

Swaziland 

Tanzania 

Togo 

Tunisia 

Uganda 

Zambia 

Zimbabwe 

Asia 

Afghanistan 

Bahrain 

Bangladesh 

Bhutan 

Brunei 

Burma 

Cambodia 

East Timor 

Hong Kong Special Administrative 

Region 

Indonesia 

Iran 

Iraq 

Israel 

Japan 

Jordon 

Kuwait 

Laos 

Lebanon 

Malaysia 

Maldives 

Mongolia 

Nepal 

North Korea 

Oman 

Qatar 

Saudi Arabia 

Singapore 

Sri Lanka 

Syria 

Taiwan 

Thailand 

Unite Arab Emirates 

Yemen

Natives of the following Asian 

countries do not qualify for this year’s 

diversity program: China [mainlandborn], India, Pakistan, South Korea, 

Philippines, and Vietnam. The Hong 

Kong S.A.R. and Taiwan do qualify and 

are listed above. Macau S.A.R. also 

qualifies and is listed below.

Europe 

Albania 

Andorra 

Armenia 

Austria 

Azerbaijan 

Belarus 

Belgium 

Bosnia and Herzegovina 

Bulgaria 

Croatia 

Cyprus 

Czech Republic 

Denmark (including components and 

dependent areas overseas) 

Estonia 

Finland 

France (including components and 

dependent areas overseas) 

Georgia 

Germany 

Greece 

Hungary 

Iceland 

Ireland 

Italy 

Kazakhstan 

Kyrgyzstan 

Latvia 

Liechtenstein 

Lithuania 

Luxembourg 

Macau Special Administrative Region 

Macedonia, the Former Yugoslav 

Republic 

Malta 

Moldova 

Monaco 

Netherlands (including components and 

dependent areas overseas) 

Northern Ireland 

Norway 

Poland 

Portugal (including components and 

dependent areas overseas) 

Romania 

San Marino 

Serbia and Montenegro 

Slovakia 

Slovenia 

Spain 

Sweden 

Switzerland 

Tajikistan 

Turkey 

Turkmenistan 

Ukraine 

Uzbekistan 

Vatican City

Natives of the following European 

countries do not qualify for this year’s 

diversity program: Great Britain and 

Russia. Great Britain (United Kingdom) 

includes the following dependent areas: 

Anguilla, Bermuda, British Virgin 

Islands, Cayman Islands, Falkland 

Islands, Gibraltar, Montserrat, Pitcairn, 

St. Helena, Turks and Caicos Islands. 

Note that for purposes of the diversity 

program only, Northern Ireland is 

treated separately; Northern Ireland 

does qualify and is listed among the 

qualifying areas. 

North America 

The Bahamas

In North America, natives of Canada 

and Mexico do not qualify for this year’s 

diversity program. 

Oceania 

Australia (including components and 

dependent areas overseas) 

Fiji 

Kiribati 

Marshall Islands 

Micronesia, Federated States of 

Nauru 

New Zealand (including components 

and dependent areas overseas) 

Papua New Guinea 

Samoa 

Solomon Islands 

Tonga 

Tuvalu 

Vanuatu 

South America, Central America, and 

the Caribbean 

Antigua and Barbuda 

Argentina 

Barbados 

Belize 

Bolivia 

Brazil 

Chile 

Costa Rica 

Cuba 

Dominica 

Ecuador 

Grenada 

Guatemala 

Guyana 

Honduras 

Nicaragua 

Panama 

Paraguay 

65018 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

Peru 

Saint Kitts and Nevis 

Saint Lucia 

Saint Vincent and the Grenadines 

Suriname 

Trinidad and Tobago 

Uruguay 

Venezuela

Countries in this region whose natives 

do not qualify for this year’s diversity 

program: Colombia, Dominican 

Republic, El Salvador, Haiti, Jamaica, 

and Mexico.

Dated: October 28, 2004. 

Maura Harty, 

Assistant Secretary for Consular Affairs, 

Department of State.

[FR Doc. 04–24940 Filed 11–8–04; 8:45 am] 

BILLING CODE 4710–06–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Update on Public Dialogue on 

Enhancing the Transatlantic Economic 

Relationship

AGENCY: Office of the United States 

Trade Representative.

ACTION: Update for the public.

Background 

In Federal Register notice 04–18716, 

dated August 17, 2004, the Office of the 

U.S. Trade Representative sought public 

input on ideas for deepening 

transatlantic economic ties and 

requested that written comments be 

submitted no later than November 15, 

2004. In view of the fact that further 

public dialogue sessions are being 

organized for later this year, the 

deadline for submission of written 

comments is being extended to 

December 31, 2004. Electronic 

submissions should continue to be sent 

to FR0438@ustr.eop.gov; please refer to 

the previous Federal Register notice, 

referenced above, for details on making 

such submissions. 

The public is advised to call Lisa 

Errion, Director for Central and 

Southeast Europe, Office of the U.S. 

Trade Representative at (202) 395–3320 

for further information.

Catherine A. Novelli, 

Assistant United States Trade Representative 

for Europe and the Mediterranean.

[FR Doc. 04–24948 Filed 11–8–04; 8:45 am] 

BILLING CODE 3190–W4–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary 

Privacy Act of 1974: System of 

Records

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA).

ACTION: Notice to modify a system of 

records. 

SUMMARY: DOT proposes to modify an 

existing system of records under the 

Privacy Act of 1974.

EFFECTIVE DATE: December 20, 2004. If 

no comments are received, the proposal 

will become effective on the above date. 

If comments are received, the comments 

will be considered and, where adopted, 

the documents will be republished with 

changes.

ADDRESSES: Address all comments 

concerning this notice to Yvonne L. 

Coates, Department of Transportation, 

Office of the Secretary, 400 7th Street, 

SW., Washington, DC 20590, (202) 366–

6964 (telephone), (202) 366–7024 (fax) 

Yvonne.Coates@ost.dot.gov (Internet 

address).

FOR FURTHER INFORMATION CONTACT:

Theresa Rowlett, (202) 385–2316.

SUPPLEMENTARY INFORMATION: The 

Department of Transportation system of 

records notices subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

above mentioned address.

SYSTEM NUMBER: 

DOT/FMCSA 03. 

SYSTEM NAME: 

Driver waiver/exemption file. 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive. 

SYSTEM LOCATION: 

Department of Transportation, Federal 

Motor Carrier Safety Administration 

(FMCSA), Office of Bus and Truck 

Standards and Operations, 400 7th 

Street, SW., Washington, DC 20590; 

FMCSA Service Centers. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM OF RECORDS: 

Operators of interstate commercial 

motor vehicles who transport certain 

commodities and have been granted 

waivers/exemptions from normallyapplicable safety requirements. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Applications for waiver, exemptions, 

final disposition of request for waiver/

exemptions; and exemption renewal. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Motor Carrier Safety Act of 1984 (49 

U.S.C. 31136(e) and TEA–21 (49 U.S.C. 

31315). 

PURPOSES: 

Monitor drivers of commercial motor 

vehicles who operate in interstate 

commerce and have requested waivers 

to existing Federal Motor Carrier Safety 

Regulations (FMCSRs).

The purpose of the information in 

these records is to make determinations 

concerning whether drivers who request 

exemptions from the medical standards 

in the FMCSRs should be permitted to 

operate a CMV in interstate commerce. 

The determination is based on drivers’

medical records describing the 

impairment for which they are 

requesting an exemption, the ability to 

manage the impairment, and the 

demonstrated ability to operate a CMV 

in a safe manner with the impairment. 

This information, with augmentation 

and updating, is also used every two 

years to determine if the exemption 

should be renewed as is specified in 

TEA–21 (49 U.S.C. 31315). The use of 

the information in the various 

determinations is focused on insuring 

that the program is as safe or safer than 

the circumstance present in the absence 

of the program as is required in TEA–

21 (49 U.S.C. 31315). 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

The records are used to monitor the 

drivers’ performance throughout the 

period they have an exemption and are 

active in the program. Monitoring could 

be related to the drivers’ medical 

condition or their driving performance. 

The records are also used to respond to 

Congressional inquiries about 

individuals in the program. Those 

authorized to use the information are 

the managers at FMCSA and the 

members of the contracting project team 

that supports the program. 

See Prefatory Statement of General 

Routine Uses. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The records are currently stored in 

two locations. The physical records are 

stored at a secure site located at the 

contracting company which supports 

the exemption program. The records are 

also stored in an electronic format on a