2011 DIVERSITY IMMIGRANT ("LOTTERY") VISA PROGRAM 

(APPLICATION PERIOD: From NOON Eastern Daylight Time (EDT)(GMT-4) ON 10/2/2009 to NOON Eastern Standard Time (EST)(GMT-5) ON 11/30/2009)

The Diversity Immigrant Visa Program, often referred to as the "visa lottery" program, offers the possibility for randomly selected natives of certain countries deemed to have low rates of immigration to the United States to obtain permanent visas other than through employer or family sponsorship. While the relatively low probability of success also justifies the reference to a lottery, there is little to lose in applying, and employers may wish to consider encouraging eligible employees to file an application. The only possible disadvantage in filing is that an application may be considered manifestation of an intent to become a permanent resident and possibly constitute an impediment to the issuance or extension of certain temporary visas in the future.

The U.S. State Department instructions describing the so-called DV-2011 Program may be accessed on the State Department's internet site. Persons from qualifying countries who desire U.S. immigrant visa will need to enter this year’s visa lottery program by registering online through the State Department’s internet site set forth above. Those who submit entries may check the status of their entry online to determine whether their entry was selected or not selected. Online verification of selection begins July 1, 2010. Winners, who will be selected at random, will continue to receive notification letters by mail and will be eligible for issuance of visas during the 2011 fiscal year, which begins October 1, 2010. There is no filing fee or other charge, but it is important to read and follow the instructions carefully. The assistance of an attorney is not required, but we are prepared to work with anyone who would prefer our assistance.

Contact Us 

If you have questions, please contact Ed Hayward, Rebecca Bernhard or Susan Orpen at Oppenheimer Wolff & Donnelly LLP.

This alert is a copyrighted publication produced by Oppenheimer Wolff & Donnelly LLP. The information contained in this alert is of a general nature and is subject to change. Readers should not act without further inquiry and/or consultation with legal counsel.