Understanding the Diversity Visa Lottery (DV Program)

What Is the Diversity Visa Lottery Program?

The Diversity Visa (DV) Lottery Program, authorized under Section 203(c) of the Immigration and Nationality Act (INA), provides up to 55,000 immigrant visas each fiscal year to individuals from countries with historically low rates of immigration to the United States. This program, administered by the U.S. Department of State, is designed to promote diversity in the immigrant population by offering a pathway to permanent residence for individuals who might not otherwise qualify through family or employment-based immigration categories.

The DV program is commonly referred to as the "Green Card Lottery" because winners are selected through a randomized computer drawing. However, winning the lottery does not automatically guarantee a green card. Selected applicants must still meet all eligibility requirements, pass background checks, attend an interview, and demonstrate that they are not inadmissible under INA Section 212(a).

Who Is Eligible for the Diversity Visa Lottery?

Eligibility for the DV Lottery is based on two primary requirements: country of birth and education or work experience.

Country of birth requirement: You must have been born in a country that is eligible for the DV program. Each year, the Department of State publishes a list of eligible countries. Countries that have sent more than 50,000 immigrants to the United States in the previous five years are excluded from the program. Historically excluded countries have included Mexico, China (mainland), India, the Philippines, South Korea, Canada, the United Kingdom (except Northern Ireland), and several others. However, there are exceptions: if you were born in an ineligible country, you may still be able to apply if your spouse was born in an eligible country (you can "charge" to your spouse's country), or if neither of your parents was born in or a resident of your birth country at the time of your birth.

Education or work experience requirement: You must have either (1) a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education, or (2) at least two years of qualifying work experience within the past five years in an occupation that requires at least two years of training or experience. The Department of State uses the U.S. Department of Labor's O*NET OnLine database to determine which occupations qualify.

How to Apply for the DV Lottery

The DV Lottery application process is entirely electronic and free of charge. Here is a step-by-step guide:

Step 1: Check the registration period. The DV Lottery registration period typically opens in early October and closes in early November each year. The exact dates are announced by the Department of State on the official DV Lottery website at dvprogram.state.gov. For the DV-2028 program (for fiscal year 2028), registration will open in fall 2026.

Step 2: Complete the online entry form (E-DV Entry Form, DS-5501). The electronic entry form requires the following information: full name (as it appears on your passport), date of birth, gender, city and country of birth, country of eligibility (chargeability), a recent digital photograph meeting strict specifications, mailing address, current country of residence, phone number, email address, highest level of education achieved, and current marital and family status including information about your spouse and all unmarried children under 21.

Step 3: Submit your photograph. Each applicant and each family member listed on the entry must submit a recent photograph that meets the Department of State's specifications: 600x600 pixels, taken within the last six months, with a white or off-white background, showing the full face with a neutral expression. Photographs that do not meet these requirements will result in automatic disqualification of your entry.

Step 4: Save your confirmation number. After submitting your entry, you will receive a confirmation number. This number is critical because it is the only way to check whether you have been selected. There is no other notification method. The Department of State does NOT contact winners by email, phone, or mail. Save this number securely.

The Selection Process

After the registration period closes, the Kentucky Consular Center (KCC) uses a computer-generated random selection process to choose approximately 100,000 to 120,000 entries from all qualifying entries received. This number is significantly higher than the 55,000 available visas because not all selected applicants will ultimately qualify or complete the process.

Selection results are typically available in early May on the Entrant Status Check page at dvprogram.state.gov. You must use your confirmation number, last name, and year of birth to check your status. If you are selected, you will receive further instructions on how to proceed with your immigrant visa application.

Being selected means you have the opportunity to apply for a diversity visa; it does not mean you will automatically receive one. Your rank number determines when you can be scheduled for an interview, and visas are issued on a first-come, first-served basis within the fiscal year (October 1 through September 30).

After Selection: The Visa Application Process

If you are selected in the DV Lottery, you must complete the following steps:

1. Submit Form DS-260 (Immigrant Visa Application): Selected applicants must complete the online immigrant visa application through the Consular Electronic Application Center (CEAC). This form requires detailed information about your personal background, education, employment history, family, travel plans, and security and background information.

2. Gather required documents: You will need to collect civil documents including a birth certificate, passport, police certificates from every country where you have lived for 12 months or more since age 16, court and prison records (if applicable), military records (if applicable), and proof of education or qualifying work experience. All documents not in English must be accompanied by certified translations.

3. Complete the medical examination: You must undergo a medical examination by a designated panel physician. The exam includes a physical examination, blood tests, chest X-ray, and verification of required vaccinations as specified in INA Section 212(a)(1). The vaccination requirements include measles, mumps, rubella, polio, tetanus and diphtheria toxoids, pertussis, hepatitis B, influenza, and any other vaccinations recommended by the Advisory Committee for Immunization Practices (ACIP).

4. Attend the visa interview: You will be scheduled for an interview at a U.S. Embassy or Consulate in your country of residence. At the interview, a consular officer will review your application, verify your documents, and determine your eligibility. You must demonstrate that you meet all requirements and are not inadmissible under INA Section 212(a).

5. Pay the DV Lottery fee: Selected applicants must pay the immigrant visa application processing fee (currently $330 per person, subject to change) and the USCIS Immigrant Fee ($220, paid after visa issuance but before receiving your physical green card). These fees are separate from the medical exam fee, which varies by country.

Adjustment of Status for DV Lottery Winners Already in the U.S.

If you are already in the United States in a valid nonimmigrant status when you are selected in the DV Lottery, you may be eligible to adjust your status to permanent resident without traveling abroad for a consular interview. This process, governed by INA Section 245, requires filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS, along with all supporting documents.

To be eligible for adjustment of status, you must have been inspected and admitted or paroled into the United States, you must be in a valid immigration status (or have a basis for adjustment under INA Section 245(i) if applicable), and a visa number must be immediately available to you based on your rank number. Because DV visas expire at the end of each fiscal year (September 30), timing is critical. If your adjustment of status application is not approved before September 30, you will lose your DV opportunity permanently.

Common Reasons for DV Lottery Disqualification

Many applicants are disqualified from the DV Lottery for avoidable reasons. Understanding these pitfalls can help you protect your opportunity:

Multiple entries: Each individual may submit only one entry per registration period. If you submit more than one entry, ALL of your entries will be disqualified. However, a husband and wife may each submit a separate entry, as long as each entry lists the other spouse.

Photograph errors: Submitting a photograph that does not meet the Department of State's specifications is one of the most common reasons for disqualification. Ensure your photo is recent, properly sized, and meets all background and composition requirements.

Incomplete or inaccurate information: Any errors or omissions on your entry form can result in disqualification. Provide accurate information about your name, date of birth, education, and family members.

Failure to list all eligible family members: You must list your spouse and all unmarried children under 21 on your entry, even if they do not plan to immigrate with you or live in a different country. Failure to list an eligible family member can result in disqualification at the interview stage.

Avoiding DV Lottery Scams

The DV Lottery is a target for numerous scams. The Department of State issues regular warnings about fraudulent schemes. Key facts to remember:

There is no fee to enter the DV Lottery. The entry is completely free. Anyone who charges you a fee to submit your entry is either running a scam or charging for a service that provides no advantage in the selection process.

The only official website is dvprogram.state.gov. Do not trust any other website that claims to be the official DV Lottery registration site. Many fraudulent websites closely mimic the official site.

The Department of State does NOT send emails notifying winners. If you receive an email claiming you have won the DV Lottery, it is a scam. You can only check your status through the Entrant Status Check page using your confirmation number.

Be wary of "immigration consultants" who guarantee results. No one can guarantee selection in the DV Lottery. The process is random. Anyone who promises a guaranteed win is committing fraud.

Frequently Asked Questions

Can I apply if I am already in the U.S. on a visa? Yes. Being present in the United States on a valid nonimmigrant visa does not prevent you from entering the DV Lottery. If selected, you may be able to adjust your status through USCIS rather than returning to your home country for consular processing.

What happens if I am selected but my country becomes ineligible the next year? Eligibility is determined based on the year you registered. If your country was eligible when you submitted your entry, your selection remains valid even if your country becomes ineligible in a subsequent year.

Can I include my fiance in my DV application? No. You can only include your legal spouse and unmarried children under 21 as derivatives on your DV application. A fiance must apply separately or you must marry before the interview.

What is the deadline to use a DV visa? All diversity visas must be issued by September 30 of the fiscal year for which they are authorized. There are no extensions. If your visa is not issued by that date, your selection expires and cannot be carried over.

Do I need a sponsor for the DV Lottery? Unlike many other immigrant visa categories, the DV Lottery does not require a family or employer sponsor. However, you must demonstrate that you are not likely to become a public charge under INA Section 212(a)(4). This may require showing proof of a job offer in the United States, financial assets, or a completed Form I-134 (Affidavit of Support) from a U.S. sponsor.

Contact J. Lee & Associates for DV Lottery Assistance

Navigating the DV Lottery process can be complex, especially if you have questions about eligibility, chargeability, or the adjustment of status process. At J. Lee & Associates, our immigration attorneys have extensive experience helping DV Lottery winners complete their visa applications and achieve lawful permanent residence. We serve clients throughout the Atlanta metro area, including Norcross, Lawrenceville, Duluth, Doraville, and Gwinnett County.

Call us at (770) 995-8700 or visit our office at 1250 Tech Dr, Suite 240, Norcross, GA 30093 for a consultation. Let us help you turn your DV Lottery selection into a successful green card application.