US Department of State Consular Affairs issued substantial new guidance on the E-3 work visa for Australian Professionals.

9 FAM 402.9-8  REQUIREMENTS FOR E-3 VISAS
9 FAM 402.9-8(A)  Background
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.1  CT:VISA-1586;   10-14-2010)
a. The E-3 visa classification ("treaty alien in a specialty occupation") was the result of Public Law 109-13, entitled "The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" (May 11, 2005).  The new law added paragraph (iii) to INA 101(a)(15)(E), establishing a visa classification for Australians in specialty occupations.
b. The law allows for the temporary entry of Australian professionals to perform services in a “specialty occupation” for a United States employer.  The temporary entry of nonimmigrants in specialty occupations is provided for at Section 501 of Public Law 109-13.  The law establishes a new category of temporary entry for nonimmigrant professionals, the E-3 category.  Unlike the current E-1 and E-2 visas, the E-3 visa is not limited to employment that is directly related to international trade and investment.  Subject to the requirements discussed herein, E-3 visa holders are eligible to work for any employer in the United States.  Dependent spouses and children accompanying or following to join are also eligible for temporary entry.
c.  To qualify for an E-3 visa, an Australian must:
(1)  Present to you an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL);
(2)  Demonstrate to you that the prospective employment meets the standard of being “specialty occupation employment” (see 9 FAM 402.9-8(E) below);
(3)  Show you that the necessary academic qualifications for the job have been met (see 9 FAM 402.9-8(H));
(4)  Convince you that the proposed stay in the United States will be temporary (see 9 FAM 402.9-4(C); and
(5)  Provide evidence of a license or other official permission to practice in the specialty occupation if required as a condition for the employment sought (see 9 FAM 402.9-8(H)).  In certain cases, where such license or other official permission is not required immediately, an alien must demonstrate that he or she will obtain such licensure or permission within a reasonable period of time following admission to the United States.
d. A maximum of 10,500 E-3 visas can be issued annually.
9 FAM 402.9-8(B)  What is Needed to Qualify for a Specialty Occupation Visa
(CT:VISA-185;   09-26-2016)
Principals:  A treaty alien in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to INA 214(i)(1).  In addition to the nonimmigrant visa (NIV) application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:
(1)  A completed Form ETA-9035-E, Labor Condition Application for Nonimmigrant Workers (formerly, Labor Condition Application for H-1B Nonimmigrants), certified by the Department of Labor (DOL). 
(2)  Evidence of academic or other qualifying credentials as required under INA 214(i)(1) and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1).  A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement.  Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
(3)  In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
(4)  Evidence establishing that the applicant’s stay in the United States will be temporary.  (See 9 FAM 402.9-4(C) and 9 FAM 402.9-4(H).)
(5)  A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.
(6)  Evidence of payment of the Machine Readable Visa (MRV) fee.
9 FAM 402.9-8(C)  Form ETA-9035 Labor Condition Application (LCA) from the Department of Labor (DOL) Required
(CT:VISA-185;   09-26-2016)
a. Filing Form ETA-9035-E:  For all prospective E-3 hires, employers must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) containing attestations relating to wages and working conditions.
b. LCAs for E-3 cases must be submitted electronically via the Department's iCERT Portal System.  The iCERT Portal System is available at: http://icert.doleta.gov.  The only two exceptions for electronic filing are physical disability and lack of internet access preventing the employer from filing electronically.  Employers with physical disabilities or lack of internet access preventing them from filing electronic applications may submit a written request for special permission to file their LCAs via U.S. mail.  Such requests MUST be made prior to submitting an application by mail and should be addressed to:
Administrator, Office of Foreign Labor Certification
Employment Training Administration
U.S. Department of Labor
Room C-4312
200 Constitution Avenue, NW
Washington, DC 20210
c.  The Form ETA-9035 used for requests by mail and Form ETA-9035E used for electronic submissions are the same form.  The current ETA-9035/9035E is six to seven pages long.  Page 1 (numbered page 1 of 1) includes three attestations for the employer to complete in the electronic filing system.  Pages 2-6 (numbered page 1 of 5 through page 5 of 5) contain Sections A through O, and the 7th page is optional for any Addendum to Section G to list additional worksite details.
d. All E-3 LCAs will contain case numbers in the following format:  I-203-xxxxx-xxxxxx.  All LCAs that were submitted online will display the case number, case status and period of employment on the bottom of each page.  Section K on page 4 should contain the signature of the employer.  If there is no employer signature, the LCA is not valid for processing and consular staff should 221(g) the case until a signed copy of the LCA has been submitted.  In section M of the LCA, the signature block will contain the validity dates of the certification, the Department of Labor’s signature as “Certifying Officer” (not a specific official's name), the determination date, the case number, and the case status as “Certified.”  A mailed LCA likely would not have a computer-generated footer at the bottom of the form with the case number, case status, and period of employment.  A mailed-in LCA would likely also be completed in a different computer font or contain handwritten information.
e. Acceptance of Form ETA-9035 by Posts:  For mailed-in applications, DOL faxes the LCA back to the employer after approval.  Applications approved online are presented on-screen to the employer at the completion of the filing process in the form of a PDF/.pdf document.  Consequently the applicant will be presenting either the initial faxed LCA, a printed PDF/.pdf document, or a copy of either of these; there will be no “original” document that will be presented.  You must check to make sure the approval date of the LCA is later than September 2, 2005 (the effective date of the Department of State's E-3 regulatory publication).
f.  Verifying Authenticity of the E-3 LCA:  Your acceptance of the LCA certification is discretionary.  If you are not satisfied that the LCA being presented is authentic, you should suspend action on the case (INA 221(g)) and verify the LCA with the Department of Labor (DOL). 
g. DOL posts html versions of all certified E-3 LCAs on the Labor Certification Registry website.  For additional questions concerning the authenticity of a particular LCA, you should send requests to the LCA Help Desk at [email protected]., or by mail to U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, 11 West Quincy Court, Chicago, IL 60604-2105.
h. Petition Filing with DHS Not Required: An employer of an E-3 treaty alien in a specialty occupation is not required to file a petition with DHS.  Instead, a prospective employee will present evidence for classification, including the approved Form ETA-9035-E, directly to you at the time of visa application.
9 FAM 402.9-8(D)  Definition of Specialty Occupation
(CT:VISA-185;   09-26-2016)
The E-3 category provides for the issuance of visas solely to E-3 qualifying nationals performing employment within a “specialty occupation.”  The definition of “specialty occupation” is one that requires:
(1)  A theoretical and practical application of a body of specialized knowledge; and
(2)  The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.  Note: In determining whether an occupation qualifies as a "specialty occupation," follow the definition contained at INA 214(i)(1) for H-1B nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and legacy Immigration and Naturalization Service (legacy INS).  See 9 FAM 402.10-5(E).
9 FAM 402.9-8(E)  Determining “Specialty Occupation” Qualification
(CT:VISA-185;   09-26-2016)
Although the term “specialty occupation” is specifically defined at INA 214(i)(1), and further elaborated upon in DHS’s regulations (8 CFR 214.2(h)(4)(iii)(A)), consular determinations of what qualifies as a “specialty occupation” will often come down to a judgment call by the adjudicating consular officer.  You must determine whether the job itself falls within the definition of “specialty occupation,” and also examine the alien’s qualifications, including his or her education and experience.  You should consider the available offer of employment and the information obtained during the interview, and then on the basis of this information, make a reasoned evaluation whether or not the offer of employment is for a “specialty occupation.”  Then you must be sure that the applicant has the required degree, or equivalency of experience and education, to adequately perform the stipulated job duties.
9 FAM 402.9-8(F)  Referring Questionable Cases to CA/VO/L/A and/or the Kentucky Consular Center (KCC)
(CT:VISA-185;   09-26-2016)
a. Request additional assistance/guidance from CA/VO/L/A if significant doubt remains regarding the E-3 alien’s work experience, or if the proposed employment does not appear to meet the requirements for “specialty occupation” as described above in 9 FAM 402.9-8(E).  The Department of Homeland Security's Bureau of U.S. Customs and Immigration Services (USCIS) has significant experience in making "specialty occupation" determinations related to adjudicating H-1B cases, so the advisory opinions division will work closely with USCIS on issues you send in for opinion.
b. If you have concerns about information regarding or provided by the employer (e.g., you doubt that the employer can pay the prevailing wage, or you do not believe the business is large enough to support additional employees), please email KCC at [email protected] with your concerns, providing as much factual detail as possible.  KCC will review the information, investigate, and attempt to provide you with information to address those concerns.
9 FAM 402.9-8(G)  Intent to Depart Upon Termination of Status
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.6  CT:VISA-771;   10-03-2005)
a. Temporary entry for treaty aliens in specialty occupations is the same standard used for treaty traders/investors.
b. The alien’s expression of an unequivocal intent to return when the E-3 status ends is normally sufficient, in the absence of specific evidence that the alien’s intent is to the contrary.
c.  The applicant must satisfy you that he or she plans to depart the United States upon termination of status; however, he or she does not need to establish intent to proceed to the United States for a specific temporary period of time nor does an applicant for an E-3 visa need to have a residence in a foreign country that the applicant does not intend to abandon.
d. The alien may sell his or her residence and move all household effects to the United States.
e. An E-3 applicant may be a beneficiary of an immigrant visa (IV) petition filed on his or her behalf.
9 FAM 402.9-8(H)  E-3 Licensing Requirements
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.7  E-3 CT:VISA-771;   10-03-2005)
a. An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation.  If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted.  In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the alien must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.  However, as illustrated in the example in paragraph b(4) below, in other instances, an alien will be required to present proof of actual licensure or permission to practice prior to visa issuance.  In all cases, an alien must show that he or she meets the minimum eligibility requirements to obtain such licensure or sit for such licensure examination (e.g., he or she must have the requisite degree and/or experience).  Even when not required to engage in the employment specified in the visa application, a visa applicant may provide proof of licensure to practice in a given profession in the United States together with a job offer letter, or other documentation, in support of an application for an E-3 visa.
b. The following examples are illustrative:
(1)  An alien is seeking an E-3 visa in order to work as a law clerk at a U.S.-based law firm.  The alien may, if otherwise eligible, be granted an E-3 visa if it can be shown that the position of unlicensed law clerk is a specialty occupation, even if he or she has not been admitted to the bar.
(2)  An alien has a job offer from a law firm promising him or her a position as an associate if the alien passes the bar exam.  The application indicates that the position in question meets the definition of a specialty occupation.  The alien may apply for an E-3 visa even if he or she will not be immediately employed in the position offered, but will be studying for the bar examination upon admission to the United States.  You may issue the visa if you are satisfied that the alien will be taking steps to obtain bar admission within a reasonable period of time following admission to the United States.  What constitutes a reasonable period of time will depend on the specific facts presented, such as licensure examination schedules and bar preparation course schedules.
(3)  An alien does not have a job offer, but wishes to study for the bar upon admission to the United States with the hope of finding a position at a United States-based law firm.  The alien would not be eligible for E-3 classification, since he or she would not be coming to work in a specialty occupation.  This person would be required to obtain another type of visa, such as a B-1, in order to study for the bar in this country.
(4)  An alien has an offer for employer with a law firm as a litigator, and is to begin working within two weeks of entry into the United States.  The applicant must demonstrate that he or she has been admitted to the appropriate bar, or otherwise has obtained permission from the respective jurisdiction or jurisdictions where he or she intends to practice to make court appearances.
9 FAM 402.9-8(I)  Numerical Limitation on E-3 Visas
(CT:VISA-185;   09-26-2016)
a. Only E-3 principals who are initially being issued E-3 visas for the first time, or who are otherwise  obtaining E-3 status (in the United States) for the first time,are subject to the 10,500 annual numerical limitation provisions of INA 214(g)(11)(B).  Consequently, spouses and children of E-3 principals, as well as returning E-3 principals who are being issued new E-3 visas for continuing employment with the original employer, are exempt from the annual numerical limit (see b. and c. immediately below).
b. An E-3 principal who is applying for a new visa following the expiration of the initial E-3 visa, or who is applying for a visa after initially obtaining E-3 status in the United States, is not subject to the annual E-3 numerical limit, provided it is established to your satisfaction that there has been uninterrupted continuity of employment.  “Uninterrupted continuity of employment” means that the applicant has worked, and continues to work, for the U.S.-based employer who submitted the original Labor Condition Application (LCA) and offer of employment.  To ensure that such applicants are not counted against any subsequent numerical limit, returning E-3 principals will be identified by the visa code “E-3R” (with “R” representing the status of “returning”).
c.  To ensure that the spouse and children of E-3 principals are not counted against the numerical limit, they will be identified by the visa code “E-3D” (with “D” representing the status of “dependent”).
d. At the end of each fiscal year, any unused E-3 numbers are forfeited; such visa numbers do not carry over to the next fiscal year.
e. The Department of State will keep count of the number of E-3 visas issued, and of changes of status to E-3 in the United States as reported by the Department of Homeland Security (DHS).  If it appears that the 10,500 annual numerical limits will be reached in any fiscal year, the Department of State will instruct posts to cease E-3 issuances for that fiscal year.
9 FAM 402.9-8(J)  Part-Time Employment by E-3 Applicants
(CT:VISA-185;   09-26-2016)
An E-3 worker may work full or part-time and remain in status based upon the attestations made on the LCA.  Section B.4 on the LCA provides the option to request part time employment and DOL approves LCAs for part-time employment.  Although nothing is specifically stated in the law/regulation about full-time employment for E-3s, you will need to evaluate the public charge ramifications for any E-3 applicant planning on coming to the United States as a part-time employee.
9 FAM 402.9-8(K)  Applicants with Multiple LCAs
(CT:VISA-185;   09-26-2016)
a. If an applicant presents more than one valid LCA, consular officers should evaluate each LCA on its own merits.  The applicant will have to qualify for each LCA separately, and each proposed employment situation must overcome public charge concerns on its own.  Clearly indicate in the case remarks which LCAs and positions the applicant qualifies for.
b. Multiple annotations: You should annotate the visa with the employer's name, LCA case number and LCA issuance date for each employer.  You may need to use abbreviations in order to make more than one set of annotations fit onto the visa foil.  If there is not enough room on the visa foils to add all of the required annotations contact VO/F for additional guidance.
c. If an applicant presents multiple LCAs for E-3 and E-3R (returning E-3) positions at the same time, and is approved for multiple positions, only one visa should be issued.  The visa should be issued for an E-3 position to ensure that the visa is counted towards the annual numerical limit.  The visa should be annotated with the employer's name, LCA case number and LCA issuance date for each E-3 position AND the employer's name, LCA case number and LCA issuance date for each E-3R position.  If there is not enough room on the visa foils to add all of the required annotations contact VO/F for additional guidance.
9 FAM 402.9-8(L)  Considerations in Processing E-3 Visas
(CT:VISA-185;   09-26-2016)
a. Validity of Issued Visa:  The validity of the visa should not exceed the validity period of the LCA.  The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas.
b. Initial Authorized Period of Stay for E-3 Applicants: E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he or she does not intend to remain or work permanently in the United States.
c.  Fees: Other than the normal visa-related Machine Readable Visa (MRV) fees, there is no other fee associated with the issuance of an E-3 visa.
d. Reports of Cancelled or Revoked E-3 Visas: In the event an E-3 visa is cancelled or revoked prior to the applicant’s entry into the United States, a report must be sent to CA/VO/DO/I explaining the circumstances attendant to the non-use of the E-3 number.  In cases where the E-3 number has not been used, it will be added back into the remaining pool of unused E-3 visa numbers for that fiscal year.
e. Annotation of E-3 Visas:  Annotate E-3 visas of the principal applicant with the name of the employer, the ETA case number (found at the bottom of each page of the Form ETA-9035), and the LCA’s issuance date (the "Determination Date" listed in part M. on page 5 of the Form ETA-9035.)  Annotate E-3D visas for derivatives of the principal applicant with the name of the principal applicant, the name of the employer, the ETA case number and the LCA's issuance date.
9 FAM 402.9-8(M)  Special Note about H-1B Petitions
(CT:VISA-185;   09-26-2016)
When the H-1B numerical cap is reached before the end of the fiscal year, it is likely that there will be numerous Australian H-1B applicants who will have approved Labor Condition Application’s (LCA) but whose petitions for H-1B status are returned unapproved by the DHS for lack of an available H-1B visa number.  Currently, you are not permitted to accept LCAs approved based upon H-1B-related offers of employment.  Rather, the United States employer must submit a new LCA request to DOL and receive a separate E-3-based LCA approval for any employee possessing a previously approved H-1B-based LCA.
9 FAM 402.9-9  SPOUSE AND CHILDREN OF E VISA ALIENS
(CT:VISA-185;   09-26-2016)
a. Entitled to Derivative Status:  The spouse and children of an E visa alien accompanying or following to join the principal alien are entitled to derivative status in the same classification as the principal alien.  The nationality of the spouse and children of an E visa applicant is not material.  The spouse and children of an E visa alien receive the same visa validity and number of entries, and are required to pay the same reciprocity fee, if applicable, as the principal alien, as listed in the reciprocity schedule for the principal alien's country of nationality.
b. Spouses and Children:  To establish qualification for E-3 classification as the spouse or child of an E-3 alien, you may accept whatever reasonable evidence is persuasive to establish the required qualifying relationship.  The presentation of a certified copy of a marriage or birth certificate is not mandatory if you are otherwise satisfied that the necessary relationship actually exists.
c.  Spouse and Children of E-3 Aliens Not Subject to Numerical Limitation: The spouse and children of E-3 principals are classifiable as E-3’s, using the visa code E-3D.  They are not counted against the 10,500 annual numerical limitation described at INA 214(g)(11)(B).
d. Employment by Spouse of E Visa Aliens: INA 214(e)(6) permits the spouse (but not other dependents) of a principal E nonimmigrant to engage in employment in the United States.  The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the DHS for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility.  Such spousal employment may be in a position other than a specialty occupation.

​See at:
https://fam.state.gov/FAM/09FAM/09FAM040209.html
 

DOS Department of State New Policy: "No Eyeglasses Policy for Visa and Passport Photographs." As of November 1, 2016 photographs of visa and passport applicants wearing eyeglasses will no longer be accepted, except in rare, medically-documented circumstances.

CA will implement this policy with a soft one-month enforcement period from November 1 to November 30, 2016, after which we will not accept photographs with eyeglasses.

Make sure you are not wearing eyeglasses in your visa and passport photos.

------------------Briefly in Russian:
Госдепартамент США изменил правила подачи фото для виз и паспорта. Начиная с 1 ноября 2016 визовые и паспортные фото в очках не принимаются. Заявитель обязан предоставить паспортное или визовое фото без очков. В период с 1 по 30 ноября 2016 возможны поблажки. Также возможно исключение в особых случаях, при наличии справки от врача.
---------------------------
The Department published 9 FAM 303.6-2(A)(1) "Photo Standards" on September 20,
2016, Change Transmittal (CT)-VISA-178. CA revised 9 FAM 303.6-2 (A)(1) paragraph
(a)(7) to prohibit the wearing of eyeglasses in visa photographs except in rare, urgent
medical circumstances. The key revisions are as follows:
--> (7) (U) Eyeglasses: Effective for applications filed on or after November 1, 2016,
eyeglasses must not be worn in a photo provided for a visa application, except in rare
circumstances when eyeglasses cannot be removed for medical reasons; e.g., the
applicant has recently had ocular surgery and the eyeglasses are necessary to protect
the applicant's eyes. A medical statement signed by a medical professional/health
practitioner must be provided in these cases. If the eyeglasses are accepted for
medical reasons:
(a) (U) The frames of the eyeglasses must not cover the eye(s) (ICAO 9303,
Section IV, Appendix 11, 1.8).
(b) (U) There must not be glare on eyeglasses that obscures the eye(s).
(c) (U) There must not be shadows or refraction from the eyeglasses that
obscures the eye(s).
https://travel.state.gov/content/dam/visas/policy_updates/16-STATE-106142.pdf

​USCIS published two important updates to filing Form N-400, Application for Naturalization (aka Application for U.S. citizenship), now that it is processed electronically.

All applicants (except those who reside overseas):

• No longer need to submit two passport-style photographs. We will capture their photographs when they appear at the Application Support Center (ASC) for their biometrics appointment.
• Will be scheduled for a biometric service appointment at a local ASC for collection of their fingerprints, photographs and signature, regardless of their age.

USCIS used to waive the fingerprint requirement for applicants 75 years or older, which meant they were not required to appear at an ASC. However, now that this form is processed electronically, those applicants do need to appear at an ASC. Our improved technology means we can capture fingerprints for applicants of all ages. This enhances our ability to confirm their identity and perform required background checks.  Applicants aged 75 and older do not have to pay the biometrics fee.
All domestic USCIS facilities are accessible to individuals with disabilities. However, USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized.  This is known as homebound processing. Applicants who need to request an accommodation for their appointment can submit a service request online or call the National Customer Service Center (NCSC) at any time at 800-375-5283 (TDD: 800-767-1833).  

Please note: At this time, you cannot submit Form N-400 applications online.
​
Beginning April 13, 2016, applicants who submit the revised Form N-400, Application for Naturalization (dated March 26, 2016) may be invited to create a USCIS online account to track and manage their case online depending on how their form is processed. If you submit the revised Form N-400, you may receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account.  USCIS will continue processing your application even if you choose not to access your online account.  USCIS also will continue to send you copies of notifications about your case by mail through the U.S. Postal Service.

Briefly in Russian: вкратце по-русски.

Произведены два важных изменения при подаче заявления на натурализацию (гражданство) США, форма N-400.

(1) вам не нужно подавать паспортные фото с вашим заявлением,
и
(2) вне зависимости от возраста, вас пригласят на отпечатки пальцев, фото и образец подписи.

Ранее лица старше 75 были освобождены от требования отпечатков пальцев. На сегодняшний день лица любого возраста будут приглашены на отпечатки пальцев, но лица старше 75 освобождены от уплаты 85 долларов за отпечатки.

Новая форма N-400 пока подается по почте, но рассматривается электронно. USCIS пришлет вам приглашение создать свой аккаунт онлайн.

The Department of Homeland Security granted citizenship to hundreds of people who had previously been ordered deported or removed under different names because of flaws in keeping fingerprint records, according to a report released Monday.
The report from the department’s Office of Inspector General found that nearly 900 individuals were granted citizenship because neither the agency nor the F.B.I. databases contained all of the fingerprint records of people who had previously been ordered to be deported.

Nearly 150,000 older fingerprint records were not digitized or simply were not included in the Department of Homeland Security’s databases when they were being developed, the report said. In other cases, fingerprints that were taken by immigration officials during the deportation process were not forwarded to the F.B.I.

“This situation created opportunities for individuals to gain rights and privileges of U.S. citizenship through fraud,” said John Roth, the inspector general at Homeland Security.
Officials say the findings illustrate a major security gap.

“This failure represents a significant risk to America’s national security as these naturalized individuals have access to serve in positions of public trust and the ability to obtain security clearances,” Senator Ron Johnson, a Wisconsin Republican who is chairman of the Senate Homeland Security Committee, wrote in a letter to Jeh Johnson, the secretary of Homeland Security.

The United States Citizenship and Immigration Service, an agency within Homeland Security that oversees citizenship, is supposed to check the fingerprints of applicants for citizenship against a number of databases to make sure that they do not have criminal records or pose a threat.

But since the fingerprint databases are incomplete, the agency had no way of knowing if the individuals were actually who they said they were.

Investigators found that in more than 200 cases they examined, none of the individuals disclosed that they had another identity or that they had final deportation orders on their naturalization application.
As naturalized citizens, these individuals retain many of the rights and privileges of American citizenship, including serving in law enforcement, obtaining a security clearance and sponsoring the entry of other foreigners into the United States, the report said.

For example, investigators with the inspector general’s office said they learned that at least three people, who became naturalized citizens after having been deported under a different name, had obtained the necessary clearances to conduct security-sensitive work at commercial airports or at ports and aboard ships. Since being identified, all have had their credentials revoked, the report said.

The inspector general’s report said the Immigration and Customs Enforcement agency had investigated few of the naturalized citizens to determine if their citizenship should be revoked. That agency is working to increase its inquiries and digitize all its fingerprint records.

In a statement, Homeland Security acknowledged the issues raised in the report. The statement added, “It is important to note that the fact that fingerprint records in these cases may have been incomplete at the time of the naturalization interview does not necessarily mean that the applicant was in fact granted naturalization, or that the applicant obtained naturalization fraudulently.”

​Read here. 

Substantive updates made to DOS Department of State policy on Diversity immigrant visas (Green Card Lottery visas or green cards), including the definition of “native,” procedures for DV selection and treatment of derivative family members.

See 9 FAM 502.6 here.

https://fam.state.gov/FAM/09FAM/09FAM050206.html

9 FAM 502.6
DIVERSITY IMMIGRANT VISAS
(CT:VISA-175;   09-13-2016)
(Office of Origin:  CA/VO/L/R)

9 FAM 502.6-1  RELATED STATUTORY AND REGULATORY AUTHORITIES
9 FAM 502.6-1(A)  Immigration and Nationality Act
(CT:VISA-1;   11-18-2015)
INA 202(b) (8 U.S.C. 1152(b)); INA 203 (8 U.S.C. 1153); INA 204(a)(1)(I)(ii) (8 U.S.C. 1154(a)(1)(I)(ii)); INA 212(a)(5) (8 U.S.C. 1182(a)(5)); INA 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)); INA 212(e) (8 U.S.C. 1182(e)); INA 213(a) (8 U.S.C. 1183(a)); INA 221(g) (8 U.S.C. 1201).
9 FAM 502.6-1(B)  Code of Federal Regulations
(CT:VISA-1;   11-18-2015)
22 CFR 40.205; 22 CFR 42.33.
9 FAM 502.6-1(C)  Public Law
(CT:VISA-1;   11-18-2015)
Section 131 of the Immigration Act of 1990 (Public Law 101-649); the Nicaraguan Adjustment and Central American Relief Act (NACARA - Public Law 105-100); Section 1 of Public Law 105-360; Section 636 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208); the Assistance for International Malaria Control Act (Public Law 106-570); USA PATRIOT Act (Public Law 107-56).
9 FAM 502.6-2  DIVERSITY IMMIGRANTS OVERVIEW
(CT:VISA-175;   09-13-2016)
a. Section 131 of the Immigration Act of 1990 (Public Law 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants).  The amendment established an annual numerical limitation of 55,000 DV immigrants effective for fiscal year 1995 and thereafter.  Aliens who are natives of countries determined by the Attorney General (now Secretary of Homeland Security) through application of a mathematical formula specified in INA 203(c)(1)(A) to be “low admission” countries may qualify for immigration under this limitation.  INA 203(c)(1) requires a separate entry for each participating alien for each fiscal year.
b. INA 203(c)(1)(A) requires the Secretary of Homeland Security to determine the actual number of immigrant admissions from each foreign country for the previous five year period.  The formula identifies both high and low admission regions and high and low admission foreign states.  A greater share of the available visa numbers goes to low admission regions.  High admission states are excluded from the program.
c.  In November 1997, Congress passed Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA). With NACARA, Congress stipulated that beginning with the 1999 Diversity Immigrant Visa Program, and as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas can be made available for use under the NACARA program.
9 FAM 502.6-3  DIVERSITY VISA ELIGIBILITY
(CT:VISA-175;   09-13-2016)
a. Requirements for Diversity Immigrant Program:  To qualify under INA 203(c) as a diversity immigrant, the following requirements must be met:
(1)  The alien must be a native of, or be chargeable to, a country eligible for that year's DV program (see 9 FAM 502.6-3 paragraph b); and
(2)  The alien must have at least a high school education or equivalent (see 9 FAM 502.6-3 paragraph c); or
(3)  The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation that requires at least two years of training or experience (see 9 FAM 502.6-3 paragraph d).
b. Qualifying Diversity Visa Countries
(1)  Formula for Identifying Qualifying Diversity Countries:
(a)  The Secretary of Homeland Security is required to determine total admissions of preference and immediate relative (IR) immigrants over the most recent five-year period for which statistics are available, worldwide total, by region, and by individual foreign state.  Using these figures, the Secretary of Homeland Security is to identify both high admission regions and high admission foreign states.  A high admissions region is a region whose admission total is greater than one-sixth of the worldwide total. A foreign state whose admissions total is greater than 50,000 is a high admission foreign state.
(b)  Using available estimates, the Secretary of Homeland Security must then determine the population of each of the six regions (excluding the population of any high admission foreign state) and use those totals to determine the apportionment of the 55,000 worldwide DV limitations. Quotas for the six regions will be established.  Natives of these regions compete for that portion of the total established for that region. Any unused portion of a regional quota is distributed proportionally among the other regions.  High admission states are excluded entirely from the apportionment.  No one country’s nationals may receive more than 7% of the available visas in any one year.
(2)  Qualifying Countries:  Natives of high admission counties are not eligible to register for the DV program unless they qualify based on chargeability to a DV program country.  The Department of Homeland Security will determine annually the list of ineligible countries.  The list is subject to change annually.
(3)  Native:  Native means a person born in a DV program county.  An individual may be able to participate in the DV program because of specific family ties or personal situations by "charging" to another country.  See 9 FAM 502.6-4 paragraph a(2) for additional information on chargeability.
c.  High School Education or Equivalent: 
(1)  You must adjudicate the applicant’s qualifications under this requirement.  In order to enter or apply for the DV program, the alien need not prove that this requirement is met.  The applicant must, however, meet this requirement by the end of the fiscal year in which selected and present evidence of completion to be found eligible for a visa.  If the applicant does not meet the requirement at the time of the interview, you should refuse the case 5A.  If the applicant presents evidence of completion of high school before the end of the fiscal year, and visas are still available for the region, you may overcome the refusal and issue the visa.
(2)  The Department’s Interpretation of the Term “at Least a High School Education or its Equivalent” Means Successful Completion of at least a:
(a)  Twelve-year course of elementary and secondary study in the United States; or
(b)  Formal course of elementary and secondary education comparable to completion of 12 years elementary or secondary education in the United States.  Because a United States high school education is sufficient in itself to qualify a student to apply for college admission, in order for a foreign education to be equivalent to a United States education, it should be sufficient to allow a student to apply for college admission without further education.  Vocational degrees that are not considered a basis for further academic study will not be considered equivalent to United States high school education.
(3)  Education Requirements:  We interpret the phrase “at least a high school education or its equivalent” to apply only to formal courses of study. Equivalency certificates (such as the G.E.D.) are not acceptable.  To qualify, an alien must have completed a 12-year course of elementary and secondary education in the United States or a comparable course of study in another country.  Evidence might consist of a certificate of completion equivalent to a United States diploma, school transcripts, or other evidence issued by the person or organization responsible for maintaining such records, which specify the completed course of study.
(4)  Education Evaluation:
(a)  Each post needs to determine what course of study is equivalent to a high school education or its equivalent in the host country.  Previously, posts were provided with a guidebook that provided information on high school equivalency country by country.  That guidebook ("Foreign Education Credentials Required”) is no longer in print and is not available in updated format.  You should not rely on it for your evaluation of high school credentials.  You should make use of the resources found in your Public Diplomacy (PD) section to determine comparable courses of study in the host country that would meet the definition of a high school education or its equivalent.  Contacts in the host country’s Ministry of Education may also be of help.  If you have questions about certificates and diplomas, you should consult with your public diplomacy section, including Education USA advisors and locally engaged staff, as they are valuable resources in evaluating local education systems.  PD personnel advise prospective students and evaluate their educational backgrounds and have experience with and knowledge of local schools.  To determine the authenticity of any particular document, you will need to work with your Fraud Prevention staff to develop expertise in making that determination.  Interviewing officers may wish to consult with other posts when in doubt about the authenticity of educational certificates from countries outside their consular district.
(b)  A DV refusal must be based on evidence that the alien did not in fact obtain the required degree and not on your assessment of the alien's knowledge level.  You may not administer an exam, either oral or written, to test an applicant’s basic knowledge in order to determine whether they have the equivalent of a U.S. high school education.  You may not refuse a DV applicant solely on the basis of your analysis of the applicant's basic knowledge.  Doubts about the applicant’s claimed educational level raised by your interview, however, may lead you to investigate the authenticity of the educational credentials claimed by the DV applicant.
d. Work Experience:
(1)  No Labor Certification:  The labor certification requirement of INA 212(a)(5) does not apply to applicants applying as DV immigrants. Applicants, however, who do not meet the education requirement, must meet the work experience requirement of two years of experience in an occupation which requires at least two years training or experience within the five-year period immediately prior to application, or be able to meet the requirement prior to the end of the fiscal year in which the applicant was selected.  If the applicant does not meet this requirement at the time of the interview, you should refuse the case 5A. If the requirement is met before the end of the fiscal year and visas are still available for the region, you may overcome the refusal and issue the visa.
(2)  Work Experience Evaluation:  If an applicant does not have the equivalent of a high school education, you must evaluate their work experience.  You must use the Department of Labor’s O*Net OnLine database to determine qualifying work experience (see paragraph (3) below.)  All applicants qualifying for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.
(3)  Using O*Net Online to Determine Work Experience:
(a)  Instructions for Determining the Applicant's Specific Vocational Preparation (SVP) Rating:
(i)     Log on to the Department of Labor’s O*Net OnLine website;
(ii)    Click on the “Find Occupations” link;
(iii)    On the “Find Occupations” screen, enter occupational title, such as, “mason, “painter,” “hairdresser,” etc., and click on the “Go” button.  A search results page appears with a list of various occupation titles that relate to whatever job title was entered. Click on the link in the “Occupation” column for the title that seems appropriate for the DV applicant's job experience;
(iv)   A brief description for the job title will appear followed by more detailed data covering the following areas: tasks, knowledge, skills, abilities, work activities, work context, job zone, interests, work values, related occupations, and wages and employment.
(b)  What SVP Range Qualifies an Applicant's Job Experience for the DV Program?  The O*Net Online database groups job experience into five "job zones."  Zone 4 includes all occupations for which more than two years experience on the job is required.  An occupation in Job Zone 4 has an SVP range of 7.0 to < 8.0 (7.0 to less than 8.0) and will qualify an applicant for the DV program.  Thus, all applicants qualifying for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a SVP range of 7.0 or higher (i.e., an occupation in Job Zone 4).
e. Principal Registrants Under Age 18:  Although there is no minimum age for submission of an entry, the requirement for a high school education or work experience will effectively disqualify most persons under age 18.
9 FAM 502.6-4  DIVERSITY VISA PROCESSING
(CT:VISA-175;   09-13-2016)
a. Diversity Visa Chargeability, Numerical Control:
(1)  DV Numerical Control:  The Department will have centralized control of the DV numerical limitation. (See 9 FAM 503.4.)
(2)  DV Chargeability:  As stated in the regulatory definition, the normal rules of chargeability apply to INA 203(c) immigrants.  Many applicants may seek beneficial treatment from the rules of cross chargeability, as in the following examples:
(a)  A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal registrant’s chargeability when they are accompanying or following-to-join;
(b)  A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent;
(c)  A principal registrant born in a non-qualifying country and the spouse who was born in a qualifying country may be issued DVs, provided the relationship was established prior to submitting the entry.  In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(d)  A principal registrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying alien spouse.  For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, provided the relationship was established prior to submitting the DV entry.  In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(3)  Errors in Choice of Country of Chargeability:  If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying.  However, if a DV applicant chooses a country of chargeability on the DV entry form that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, and there are no fraud concerns, you may continue processing the application using the correct country of chargeability in IVO.  Post may need to obtain additional DV number(s) for the correct country of chargeability from the Immigrant Visa Control and Reporting Division (CA/VO/DO/I), as necessary, via a VISAS FROG message (see 9 FAM 604.2-1).
b. Diversity Visa Entries and Applications:
(1)  Diversity Visa Entries – Overview:
(a)  General Instructions for DV Entries:
(i)     Each year, the Department of State will publish rules for the next fiscal year's DV program in the Federal Register.  Rules for a DV program in any fiscal year stipulate what information must be included on the DV electronic entry form, such as name, photo requirement, etc., as well as other requirements for the program and the DV lottery registration website.  This electronic entry form is considered the petition required by 22 CFR 42.33 and INA 203(c).
(ii)    We will establish a period for the submission of DV entries of at least 30 days each fiscal year in which the lottery will be conducted.  To ensure wide dissemination of the information both abroad and in the United States, we will provide timely notice of the program’s rules and the exact dates of the registration period through publication in the Federal Register and by other methods.
(b)  Number of DV Entries:
(i)     Only one entry by or for each person is allowed during each registration period.  Submission of more than one entry disqualifies the applicant fromselection.  Registrants may be disqualified at any time if more than one entry is discovered.  Registrants may prepare and submit their own entries, or have someone submit the entry for them.
(ii)    Spouses, if both are qualified, may each submit one entry.  If either is selected, the other is entitled to derivative status.
(c)  Meeting DV Submission Requirements:  Only those entries which meet the eligibility requirements specified in 22 CFR 42.33(a)(1) and the petition requirements specified in 22 CFR 42.33(b)(1-2), and which are received during the time period specified by the Department for each fiscal year, will be considered for selection for immigrant visa processing under INA 203(c).  Entries lacking the required information or photos will be rejected by the registration website or disqualified at a later date during processing by KCC or at post.
(2)  Submitting DV Entries: 
(a)  Place of Registration:  To be accepted for DV selection, entries must be submitted electronically during the specified registration period at the Department’s designated website.
(b)  Photos:  Photo specifications are detailed in the annual DV Bulletin and also posted at the Department’s “travel.state.gov‟ website.  The Department will disqualify entries lacking the required photos or including invalid photos.  You must review the entry photo at the time of adjudication.  If you determine that the photo on the entry is not that of the applicant, you may pursue a refusal under INA 212(a)(6)(C).  The entry photograph may be viewed through the CCD under the “Immigrant & Diversity” section, “DVIS Applicant” report or on the eDV button on the IVO system.
(c)  Derivatives:
(i)     Except as specified in paragraph ii below, entries must include the name, photograph, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry.  All derivatives must be included even if the registrant is no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with the registrant and/or will not immigrate with such applicant.  Married children and children 21 years or older cannot qualify for the diversity visa on the basis of a parent's application.  Entries lacking all of the required information may be disqualified at any time prior to selection, after selection, or during the visa application process.  Visa applications lacking all required information will be refused.
(ii)    By regulation, registrants are not required to include spouses and children who are already U.S. citizens or Lawful Permanent Residents (LPRs) on the entry.  A failure to include on the entry spouses and children who are in fact U.S. citizens or LPRs cannot be used as grounds for denial.
(iii)    You must deny the applications of applicants who failed to list on their initial entries a spouse or all children who were required to be listed.  This does not include a spouse or child who was acquired subsequent to submission of qualifying DV entry.  The spouse of a principal alien, if acquired after the initial entry and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after entry or is the issue of a marriage which took place after entry and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.
(iv)   If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion to the Advisory Opinions Division (CA/VO/L/A).
(3)  Diversity Visa Application Validity:
 (a) Under INA 204(a)(1)(I)(ii)(II), persons selected as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the entrywas submitted.  The application is valid until midnight of the last day of the fiscal year for which the petition was submitted.  There is no carry-over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered.  Following-to-join derivative visas must be issued during the same fiscal year as that of the principal beneficiary.
(b)  Death of Principal Registrant:  The death of the principal registrant must result in the automatic revocation of the application.  Thereafter, derivative beneficiaries are no longer entitled to the DV classification.
c.  KCC and DV Ranking:
(1)  KCC Role:
(a)  Selected DV entries are processed at KCC.  KCC processes approximately 125,000 registrants (both principals and dependents) each year.  KCC will notify posts of the number of registrants from their DV-processing area who were selected, broken down by country of residence.  The Department will maintain a computer-generated master list of selected registrants. The list is not publicly released. 
(b)  KCC will hold the case until those selected are entitled to make a formal application for visa issuance at a U.S. consular office abroad, or an adjustment of status with DHS in the United States.
(2)  DV Selection and Ranking:
(a)  Entries received during the designated registration period for the DV program will be separated into one of six geographic regions.  At the end of the registration period, a computer will randomly select numbers.  All entries successfully received during the registration period will have an equal chance of selection within the respective region.
(b)  The selected entries for each region will have a rank order number consisting of two letters followed by eight digits, i.e., AF00000925.  Within each region, the first entry randomly selected will have a rank order number 00000001, the second entry selected will be 00000002, etc.  The letter codes are:
AF
Africa

AS
Asia

OC
Oceania

EU
Europe

NA
North America

SA
South America, Central America and the Caribbean

(c)  Each month visa numbers will be allocated to applicants who are within the applicable rank cut-off for that month and have been reported documentarily qualified.  Applicants are considered documentarily qualified when KCC confirms that the applicant has properly completed and submitted the DS-260.
d. Processing Diversity Visa Cases:
(1)  Instruction Package for Immigrant Visa Applicants: 
(a)  If a case is selected for additional processing, the entrant will be notified electronically via Entrant Status Check, and instructed to complete Form DS-260, Online Application for Immigrant Visa and Alien Registration.
(b)  Each visa applicant must follow the electronic instructions and electronically submit Form DS-260 to KCC.  As soon as KCC has reviewed the DS-260 and made any required updates to the electronic DVIS record, the applicant will be considered documentarily qualified.  In order to avoid potential delay in the scheduling of DV applicants, KCC does not collect any additional information or forms.  KCC may ask applicants to update Form DS-260 if information is missing but will not delay scheduling if waiting for a response.
(2)  Immigrant Visa Appointment Package:  KCC will schedule an appointment for a documentarily qualified applicant when his or her regional lottery rank number is about to become current.  KCC will notify scheduled applicants by e-mail that they should log into the Entrant Status Check website to obtain their appointment letters and further instructions.  When scheduled applicants log into the ESC, they will be referred to the pre-interview instructions on the Diversity Visa Process website.  On that website, applicants will be able to review post-specific instructions, and any additional required forms.
(3)  Creation of Immigrant Visa File:  KCC will review each DS-260 submission as they are received, and will update the electronic record in DVIS as required.  In cases where a potentially disqualifying factor has been identified at KCC during case creation, a remark will be entered at the top of the DS-260 for the interviewing consular officer's information.  KCC has no adjudicatory role, and so cannot determine an applicant's eligibility or qualification for the visa.  Remarks are intended as additional information for officers to review as part of the adjudication process.
e. Diversity Visa Fee:  There is no fee for submitting the initial entry for the DV program.  However, those registrants who are selected and apply for DV immigrant visas will be required to pay a DV Lottery Fee  at the time of the formal interview.
(1)  Collection of Fee:  Section 636 of Public Law 104-208, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, authorized the Department to collect a fee for the processing of DV immigrant visas.  The DV Lottery Fee incorporates the standard IV processing fees, including the IV Application Fee and the IV Security Surcharge, and is specified in the Schedule of Fees for Consular Services. Posts must collect the DV Lottery Fee at the time of the applicant’s formal interview.
(2)  Processing Cases to Conclusion:  We can appreciate posts' efforts to prescreen applications allowing unqualified applicants to withdraw their applications to avoid paying the required fees.  Nevertheless, like all other visa applications, it is important to process such cases to conclusion and not to simply allow the candidate to withdraw the application.  Instances have arisen where DV winners who were advised not to make an application at a post abroad have then entered the United States and requested adjustment of status processing at DHS.
f.  Diversity Visa Ineligibility Grounds:
(1)  Applicants who establish that they qualify for DV immigrant visa classification are subject to all grounds of ineligibility specified in the Immigration and Nationality Act other than the labor certification requirements.  There are no special provisions for a waiver of any ground of visa ineligibility other than those ordinarily provided in the INA.
(2)  Refusals for Unqualified Applicants:  Any applicant for a DV visa who fails to establish that they possess the requisite qualifications, including a valid entry for participation in the DV program, is ineligible under INA 212(a)(5)(A)(i).  It is not appropriate to refuse a DV applicant under INA 212(a)(5)(A)(i) when a fraud investigation is needed before determining whether an applicant is qualified for a DV (e.g., if you suspect that the DV applicant does not possess the requisite education or work experience or if you suspect that the DV derivative applicant does not possess the requisite relationship to the DV principal applicant).  In those cases, you must refuse the application under INA 221(g) pending the outcome of a fraud investigation.
(3)  INA 221(g) Refusals:
(a)  Interviewing officers should verbally stress the importance of submitting the requested information, preferably within the same month.  When applicable, officers should advise applicants that failure to return promptly may mean that visa numbers will no longer be available and the applicant may miss the opportunity to obtain a visa.
(b)  Posts must prepare a stamp to be placed on refusal letters to DV applicants refused under 221(g), with the following message:
Attention:  Under no circumstances can a visa be issued or an adjustment of status occur in your case after September 30, ____. 
Very important:  Because of the limited number of visas that may be issued under this program, visas may cease to be available even before this date.  This is especially true the closer to September 30 an application or re-application is made.
(c)  Cases that are in INA 221(g) refusal status at the end of the fiscal year may be left in that status. You do not need to enter an additional refusal (such as INA 212(a)(5)(A)(i)) to close the case.
(4)  Public Charge:  While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them.  You can consult 9 FAM 302.8-2(B)(12)-(14) for standards of processing public charge issues in immigrant visa cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
(5)  Waivers:  Unlike applicants eligible for immigrant visas under other programs involving random selection, there are no special provisions for a waiver of any ineligibility grounds for DV applicants. The regular ineligibility waiver provisions of the INA, including INA 212(e), still apply.
g. Following-to-Join Applicants:  DV applicants are informed in the electronic notification of how to adjust status to lawful permanent residence in the United States.  A principal applicant who has adjusted status may file Form I-824, Application for Action on an Approved Application or Petition with USCIS requesting DHS send the Form I-824, upon its adjudication, to consular posts as verification of his or her LPR status.  Upon receipt of this information, posts must send any derivative family members instructions for accessing the Form DS-260, Online Application for Immigrant Visa and Alien Registration, and the Packets for Immigrant Visa Processing (see 9 FAM 504.4-2(A)(2)) for completion.  Post must notify the KCC of the adjustment of the principal applicant so that the electronic case can be modified and transmitted to post to allow visa issuance to the derivative family members.  Proof of the principal applicant’s adjustment of status must be provided to the KCC.  Posts can then process these cases to conclusion, obtaining additional DV numbers from the Immigrant Visa Control and Reporting Division (CA/VO/DO/I,) as necessary, via VISAS FROG messages (see 9 FAM 601.7-6).  Spouses and children who derive status from a DV application can only obtain visas in the DV category during the same Fiscal Year in which the principal applicant was admitted or adjusted status.  Applicants cannot follow-to-join after the end of the Fiscal Year.
h. Transfer of DV Cases:
(1)  Posts are to follow normal IV case transfer procedures when a DV applicant asks that his or her case be transferred to a different post for processing. (See 9 FAM 504.4-9.)
(2)  DV cases should not be returned to KCC for forwarding to another post as this delay may disadvantage the applicant, resulting in loss of opportunity for the visa interview and visa issuance if there is retrogression in the rank-order number.
​

(The following was posted on USCIS blog, The Beacon.)

If someone claiming to be a government official or law enforcement officer calls making threats such as deportation, beware! Hang up and report it!

​Here’s How it Works

A number appears on your caller ID that may look like a legitimate government number. When you answer, the person on the phone poses as a USCIS or other government official or law enforcement officer. The scammer will say that there is a problem with your application or additional information is required to continue the immigration process. Then, they will ask for personal and sensitive details and may demand payment to fix problems. The scammer may tell you to make a money transfer or go to a store to purchase a money order, voucher or make some other type of money exchange, payment or withdrawal. They may threaten you with deportation or other negative consequences if you do not pay.

If you receive a call like that, we urge you to hang up immediately. 

Please NOTE that USCIS will never call to ask for any form of payment over the phone or in an email. If they need payment, they will mail a letter on official stationery requesting payment. Do not give payment over the phone to anyone who claims to be a USCIS official. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.

If you have been a victim of this telephone or email scam, please report it to the Federal Trade Commission athttp://1.usa.gov/1suOHSS. If you receive a suspicious email or voice message and are not sure if it is a scam, forward it to the USCIS webmaster at [email protected]. We will review the messages received and share with law enforcement agencies as appropriate. Visit the Avoid Scams Initiative at uscis.gov/avoidscams for more information on common scams and other important tips.

If you have a question about your immigration record, please call the National Customer Service Center at 800-375-5283 or make an InfoPass appointment at http://infopass.uscis.gov. You can also use myUSCIS to find up-to-date information about your application process.

​Beware of phone, internet, notario scams targeting immigrants. If in doubts, consult a licensed immigration attorney or USCIS.

​Read here.