Errors in 2012 DV Green Card Lottery Results in Early May 2011. New DV Results Available on or around July 15, 2011

As a result of computer programming problem, The U.S. Department of State (DOS) will conduct new selection for 2012 diversity green card lottery applications that were submitted from October 5, 2010 to November 3, 2010.  The new selection results are expected to be published on DOS website on or about July 15, 2011.  The original DV lottery results were invalid because the selection process did not represent a fair, random selection of entrants, as required by U.S. law. 

As a result, green card lottery applicants who checked the DV website at http://www.dvlottery.state.gov/ during the first week in May and found a notice that they had been selected for further processing or a notice that they had not been selected, will need to recheck the DV website again around July 15, 2011 because the early May 2011 notice on green card lottery results has been rescinded and is no longer valid.

Green card lottery applicants who submitted their applications from October 5, 2010 to November 3, 2010 do not have to resubmit new green card lottery applications.  New lottery selection will be run again for their previously submitted applications and these applicants would be able to check the new DV results on or around July 15, 2011.

Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”)  applications is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders.  Each year, The U.S. Department of State conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net 

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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• Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification
• Self-Check E-Verify System for Eligible Employees and/or Job Seekers
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
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• Processing Delays for Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center
• Immigrate to the U.S. via Green Card Lottery (DV Lottery): Diversity Immigrant Visa (DV) Program

Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification

Recently, there have been reports that original certified forms ETA 9089 for permanent labor certification PERM process were not received.  There was also an incident where the original certified form ETA 9089 was lost after being filed with the I-140 Immigrant Petition.  Lost of original certified forms ETA 9089 unnecessarily complicates and increases green card processing time for foreign nationals and their employers.  For more information on the PERM process, please read the last paragraphs below.

In a situation where the original certified form ETA 9089 is unavailable, the employer-sponsors may be unaware that their forms ETA 9089 have been certified, thereby missing the crucial filing periods for their I-140 Immigrant Petitions.  The applicable I-140 petition must be filed during the validity period stipulated on the certified form ETA 9089. The original certified form ETA 9089 is submitted with the I-140 petition to the U.S. Citizenship and Immigration Services (USCIS).  It is also possible that the original certified form ETA 9089 is lost during the filing process of the I-140 petition after being sent off by the employer-sponsor. 

Due to recent reports on missing original certified forms ETA 9089, the following steps are encouraged:

• For PERM application filed electronically, please check the online case status to verify whether it has changed from “in process” to “certified.” A pdf copy of the certified ETA 9089 can also be downloaded from the PERM website.
• For PERM application filed by mail, please check the status of the case by e-mailing the U.S. Department of Labor (DOL) Atlanta NPC (National Processing Center) if the case is pending at least 3 months beyond the current processing date.
• Also check the iCERT portal’s latest PERM processing time at http://icert.doleta.gov/ . If the pending PERM case is more than 3 months beyond the date being processed, send an inquiry to the applicable DOL PERM center. 
• If original PERM approval was never received, one can submit the I-140 petition with a copy of the approval (or with other proof that it was certified, such as an e-mail from the Atlanta NPC), and ask USCIS to request a duplicate certification from DOL.   Also, if the certified ETA 9089 is lost during I-140 petition processing after filing, it may be best to ask U.S. Citizenship and Immigration Services (USCIS) to request a duplicate certification from DOL by including a copy of the approval; and other proof that it was certified, such as an e-mail from the DOL.

Foreign nationals may apply for green card to live and work in the United States via several methods.  The common methods of green card applications are green card lottery, employer sponsorship such as through PERM, self-petition green cards such as extraordinary ability or certain national interest waiver category, etc. 

PERM is a process of permanent labor certification by the U.S. Department of Labor (DOL). PERM filing with the DOL is submitted via form ETA 9089.  Some green card sponsorships by employers require the PERM process and some do not.  PERM stands for Program Electronic Review Management System.  PERM is a process whereby the U.S. Department of Labor determines that:

a) The employer-sponsor has adequately tested the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive;

c) The offered green card salary meets the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

Once the U.S. Department of Labor approves the PERM application by certifying the form ETA 9089, the employer sponsor may then submit the I-140 Immigrant Petition during the validity of the certified PERM form ETA 9089.  Depending on the criteria, the foreign national may also submit his/her I-485 Application to Adjust to Permanent Resident Status with the I-140 petition.  During the I-485 stage, the foreign national can also file for the I-765, Application for Employment Authorization Document (EAD card); and I-131, Advance Parole Document (an international travel authorization).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net 

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Self-Check E-Verify System for Eligible Employees and/or Job Seekers 

On March 21, 2011, the U.S. Citizenship and Immigration Services (USCIS) launched the first E-Verify Self Check, an innovative service that allows individuals in the United States to check their own employment eligibility status before they formally seek employment. 

E-Verify Self Check is in addition to an employer E-Verify procedure; it does not replace the employer E-Verify procedure.  The E-Verify program compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility. 

E-Verify Self Check is administered by the USCIS, in partnership with the Social Security Administration (SSA).   USCIS is a division under the Department of Homeland Security (DHS).  As of March 21, 2011, E-Verify Self Check is available to individuals who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia; or Washington, DC.  The E-Verify Self Check is expected to expand to other states in the coming months. 

E-Verify Self Check service is voluntary and free.  Efforts are being made to ensure that E-Verify Self-Check is secure to use when it comes to users’ personally identifiable information and to prevent misuse of the service.   Moreover, information that users provide during E-Verify Self Check and the results of an E-Verify Self Check will not be shared with users’ employers or prospective employers. 

The E-Verify Self Check system allows each user to identify data inaccuracies, ranging from typographical errors to unreported name changes.  Such inaccuracies, if not corrected, would result in a mismatch before a person seeks employment.  E-Verify Self Check gives users the opportunity to submit corrections of any inaccuracies in their DHS and SSA records before applying for jobs, therefore, allowing workers to better protect themselves from potential workplace discrimination that could result from an employer’s abuse of the E-Verify system. 

There are four steps to the E-Verify Self Check process:

• The users will enter identifying information online (such as name, date of birth and address)
• The users will confirm their identity by answering demographic and/or financial questions generated by a third-party identity assurance service
• The users will enter work eligibility information such as a Social Security number and, depending on citizenship status, an Alien Registration number
• E-Verify Self Check checks users’ information against relevant SSA and DHS databases and returns information on users’ employment eligibility status

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net 

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

Recently, the Department of State (DOS), Office of Visa Services, issues another fraud warning advising the public of a substantial increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”)  applicants.  Posing as the U.S. government, these fraudulent letters and e-mails request DV applicants for payment of fees.  In addition, the scammers will also claim that, for a fee, they can increase a person’s chances of winning the green card lottery; or that people from ineligible countries can still “qualify” to enter the lottery.

Green Card lottery is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders.  Each year, the State Department conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas. PLEASE NOTE, winners are selected randomly, and there is no fee to enter the lottery.

The DOS reminds the public that DV-2012 applicants will not receive any letter of notification from the U.S. government.  DV-2012 applicant must check their status online, and that DV Entry Status Check will only be provided through the DOS secure online site, at http://www.dvlottery.state.gov/

DOS has issued Frequently Asked Questions to educate green card lottery applicants or potential applicants from becoming victims of green card lottery fraud.   For more information, please visit http://travel.state.gov/visa/immigrants/types/types_1749.html .   Some examples of the DOS’ advice include:

A.      How do I know if a website or email is from the U.S. government?

When surfing the internet on the U.S. government, the DOS advises the public that:

1. Internet sites ending in the “.gov” top-level domain suffix are official government websites. Official U.S. government email addresses also end in “.gov,” and any visa-related correspondence coming from an address that does not end with “.gov” should be considered suspect. 
2. To link directly to the more than 200 U.S. Embassy and Consulate websites, visit www.usembassy.gov. Visa information on official U.S. government websites ending in “.gov” is official and correct.
3. The main U.S. government websites containing official visa and immigration information, including free information and forms, are:

B.      Is immigration information on other websites official?

Even though some non-governmental websites provide legitimate and useful immigration- and visa-related information and services, these information may not be correct or up-to-date.  The public should, therefore, always verify the information with an official U.S. government source. Visa applicants are advised to be cautious in all dealings with companies that claim to offer any assistance in obtaining U.S. visas.

Regardless of the content of other websites, the Department of State does not endorse, recommend, or sponsor any information or material shown on non-governmental websites (e.g., addresses ending with “.com,” “.org” or “.net”). 

C.      How do I recognize fraudulent websites and emails posing as U.S. government?

Some websites and emails try to mislead customers and members of the public into thinking they are official U.S. government websites.

These fraudulent or misleading e-mails or websites ARE NOT from the U.S. government because they do not have the “.gov” suffix on their addresses. 

D.      What is the purpose of these fraudulent websites and emails?

The purpose of these green card lottery fraudulent websites and emails are to defraud money from the public.   For examples:

1. Some of these fraudulent websites or e-mails may require payment for immigration and visa services. If payment is made to a non-governmental source, this payment is not received by the U.S. government and does not apply toward visa processing. Sometimes these costs are for information or forms that are otherwise available for free on official U.S. government websites.
2. The imposter websites and emails cannot provide the services they advertise and for which they require payment. For example, many fraudulent emails promise U.S. visas or “green cards” in return for a large fee. Please note, only the U.S. government has the authority to approve U.S. visas and green cards.  These non-governmental, unofficial organizations are not able to provide these services.
3. The fraudulent websites or e-mails may request personal information which could result in identity fraud or theft.  

E.       Where do I get official information on the Diversity Visa program and how do I check my status?

The only official information on green card lottery program is from the U.S. government websites ending in “.gov,” such as http://travel.state.gov or http://www.dvlottery.state.gov. The only official way to apply for the green card lottery is directly through the official U.S. Department of State website during the specified and limited registration period.  

DV program entrants must check their status of their DV lottery entry online at http://www.dvlottery.state.gov:

DV 2011: Entrants who completed online DV-2011 entries between October 2, 2009, and November 30, 2009, and who were selected in the random drawing were notified by the Department of State, Kentucky Consular Center, by letter. Entrants can also check the status of their entries at http://www.dvlottery.state.gov from July 1, 2010, until June 30, 2011, using the information from their DV-2011 confirmation page saved at the time of DV entry.  For successful DV 2011 entrants, the diversity immigrant visa application process must be completed and visas issued by September 30, 2011.

DV 2012: Entrants who completed online DV-2012 entries will not receive notification letters from the Kentucky Consular Center, and must check the status of their entries at http://www.dvlottery.state.gov between May 1, 2011, and June 30, 2012.

Notice: The U.S. Department of State’s Kentucky Consular Center DOES NOT E-MAIL NOTIFICATIONS to green card lottery entrants informing them of their winning entries. No other organization or private company is authorized to notify DV applicants of their winning entries, or the next steps in the process. Imposters frequently contact DV applicants asking for money or personal information through websites, emails, and letters. Entrants should only refer to the online status check at http://www.dvlottery.state.gov or instructions on http://travel.state.gov for official information about the DV process. For more information about the Diversity Visas review the Department of State, Diversity Visa Program webpage.

To learn more about DV or green card lottery scams, please see the Federal Trade Commission Warning at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt003.shtm .

F.       Where can I find information on international financial scams?

For additional information on international scams involving internet dating, inheritance, work permits, overpayment, and money-laundering, please visit the International Financial Scams page at http://travel.state.gov/travel/cis_pa_tw/financial_scams/financial_scams_3155.html

G.     How do I report internet fraud or unsolicited email?

If a person wishes to file a complaint about internet fraud, please visit http://econsumer.gov/ .  econsumer.gov is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission.   

In addition, a person can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3) website at http://www.ic3.gov/default.aspx.

If a person wishes to file a complaint about unsolicited email, please contact the U.S. Department of Justice at http://www.justice.gov/spam.htm .

Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.  We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Each year, the Diversity Immigrant Visa (DV) Program (DV lottery)(also known as green card lottery) makes 50,000 immigrant visas available to eligible applicants who are selected in the lottery. To qualify for the lottery, an applicant must be a native of one of the listed country; and have the U.S. equivalent of a high school diploma, or have 2 years of related experience in the last 5 years in an occupation that requires at least 2 years of experience or training.

The initial DV lottery submission is absolutely free.

The U.S. Department of State (DOS) advises that there are many websites posing as the U.S. government and charging fees for this online submission. Applicants should be wary of websites posting as the U.S. government. Only applicants who win the lottery will be required to, eventually, pay any visa or other fees set by and to the U.S. government.

For applicants who seek help to submit a DV lottery entry using “Visa Agents”, Visa Consultants” or other individuals (collectively, Facilitator), the DOS further advises applicants to be present during the online DV lottery submission to ensure that all his/her personal information is entered accurately, and to retain the confirmation page containing the unique confirmation number because some Facilitators may extort money in exchange for the confirmation number. The confirmation number is the ONLY way for an applicant to verify if (s)he has been selected in the DV lottery and further procedures.

While applicants are free to seek help, most applicants submit this initial part of the DV lottery application on their own. Some winning applicants do seek out help from lawyers in preparing for their visa interviews since the information and documentation required for the visa interview is a bit more detailed than the initial free online submission.

If an applicant can meet these requirements, they can submit their entries online free at http://www.dvlottery.state.gov/ . Each applicant will be required to electronically submit photographs and information about themselves, their spouse, and unmarried children under the age of 21. The information required of each applicant and their family members includes, but are not limited to:

1. FULL NAME – Last/Family Name, First Name, Middle Name

2. DATE OF BIRTH – Day, Month, Year

3. GENDER – Male or Female

4. CITY WHERE YOU WERE BORN

5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use for the place where you were born.

6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you. For additional information on chargeability, please review DOS DV 2012 Instructions under “Frequently Asked Question #1”.

7. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country

8. COUNTRY WHERE YOU LIVE TODAY

9. PHONE NUMBER (optional)

10. E-MAIL ADDRESS – provide an e-mail address to which you have direct access. You will NOT receive an official selection letter at this address. However, if your entry is selected and you respond to the notification of your selection through the Entry Status Check, you will receive follow-up communication from the Kentucky Consular Center (KCC) by e-mail notifying you that details of your immigrant visa interview are available on Entry Status Check.

11. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree

12. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated

13. NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry , even if you 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 are not eligible for the DV; however, U.S. law protects children from “aging out” in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa-processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See DOS DV 2012 Instructions under Frequently Asked Question #11.

14. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph. Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa.

15. CHILDREN INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #13 above.

When an applicant completes the online lottery application, they will get a confirmation number which they should print out. This confirmation number will be the only means by which the applicant will learn of their having won the lottery. Entry into each year’s DV Lottery is allowed only during a limited period of time. The period to apply for the 2011 and 2012 DV lottery has already closed. The entry period for the 2013 DV lottery will be announced on this website.

Once the application is submitted online, applicants can check the status of their DV lottery application online at www.dvlottery.state.gov . 2011 DV lottery winners have already been notified that they won. 2012 DV lottery winners will only find out that they have won by using the Entry Status Check section of the DV lottery website and how to proceed on their applications. Non-winning entries will learn of their non-selection using the Entry Status Check online system as well. The entry status check portion of the above website will provide winning applicants with a link to further instructions on how to proceed on their applications if they are selected.

If you would like more information on the DV lottery, please consult the website above or contact an immigration attorney.

Author: Aaron Hurlock, an Immigration Paralegal with about 10 years of professional immigration experience.

Editor & Contributor: Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Errors in 2012 DV Green Card Lottery Results in Early May 2011. New DV Results Available on or around July 15, 2011
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• New I-9 Employment Eligibility Verification Procedures
• Processing Delays for Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center