Sunday, October 1, 2023

U.S. Diversity Visa Lottery for FY 2025 Opening on October 4, 2023

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here and my law firm website can be found here.  Feel free to connect with me on Linkedin.

For interested Singaporean citizens who are born in Singapore*, the Fiscal Year 2025 U.S. Diversity Visa Lottery opens on October 4, 2023.  

*Eligibility for entering the Green Card Lottery is based on country of birth and not citizenship, as discussed below.

H-1B1 and the DV Lottery

Some Singaporeans seeking an H-1B1 visa have asked if registering for the Diversity Visa Lottery (also known as the Green Card Lottery) would cause issues with their H-1B1 visa application due to the nonimmigrant intent nature of the H-1B1 visa.  

The answer is: No.  

Particularly, you may encounter the question on your online DS-160 visa application form that asks "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?"  If the answer to this DS-160 question is Yes, it raises a red flag in an H-1B1 visa application because the filing of an immigrant petition with USCIS, such as an I-130 petition or an I-140 petition, generally contradicts the nonimmigrant intent nature of the H-1B1. 

However, the act of registering for the Green Card Lottery with the Department of State is NOT the filing of an immigrant petition with USCIS (and so the answer to the DS-160 question above would be NO if you had merely registered yourself in the DV Lottery program).  Therefore, it will generally not cause problems for your H-1B1 visa application.

Below is information about the Diversity Visa Lottery program.

What is the DV Lottery and Who Can Apply

The Diversity Visa program is a government lottery program for obtaining a green card; this program makes 50,000 immigrant visas available every year to applicants from countries with low rates of immigration to the U.S. and with specific education or work experience qualifications.

To be eligible for the Diversity Immigrant Visa Program, you must have been born in a country that sent less than 50,000 immigrants to the U.S. in the previous five years.  This includes being born in Singapore.  

For the FY 2025 program, people with the following countries of birth are NOT eligible** to apply due to high rates of immigration to the U.S.: 

Non-eligible countries:  Bangladesh, Brazil, Canada, China (including Hong Kong SAR, but Natives of Macau SAR and Taiwan are eligible), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, Vietnam. 

**If your country of birth is not eligible, there are still two ways you could qualify: (i) if your spouse's country of birth is eligible, or (ii) if your parent's country of birth is eligible provided that neither of your parents was born in your country of birth or legally resident in your country of birth at the time of your birth.  

In addition to the country of birth requirement above, applicants must possess: (a) at least a high school diploma or its equivalent; or (b) two years of work experience in an occupation that requires at least two years of training or experience; the Department of State provides guidance on the educational and work experience requirements here.

When and How to Apply for the DV Lottery

The entry submission period for the FY2025 DV program is from 12pm (ET) on October 4, 2023, to 12pm (ET) on November 7, 2023.

Entries must be submitted online through the Department of State's website.  Online applications are free (although visa processing fees would apply if selected), and detailed instructions from the Department of State can be found here.


Disclaimer:  This blog post is for informational purposes only and should not be construed as legal advice.

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