To be eligible for the DV lottery, an applicant must:
A. Be a native of a designated low admission state. See 22 C.F.R. §42.33(a)(1).
However, an applicant spouse may be charged to the nonapplicant spouse's country of birth to qualify for DV as long as the parties were married prior to submitting the lottery entry. 72 FR 57089 (Oct. 5, 2007); Email Correspondence, Beirne, Deputy Chief, Advisory Opinions Division, DOS, reported in 82 No. 24 Interpreter Releases 985, 990-91 (June 13, 2005); 9 FAM 42.33 N. 4.2(3);
B. Have either:
(1) A high school diploma or its equivalent as defined under 22 C.F.R. §42.33(a)(2)
To meet the U.S. high-school equivalency, "a foreign course of study must provide the alien with the minimum academic records required for admission to study in U.S. universities or colleges as determined in the most recent edition of the publication entitled "Foreign Credentials Required for Consideration of Admission to Universities and Colleges in the United States." 22 C.F.R. §42.33(a)(2);
OR
(2) Within 5 years of applying, at least 2 years of work experience in an occupation requiring at least 2 years' training or experience.
2. Family Members-Spouse and children, including those acquired subsequent to the DV entry are eligible as well as long as the marriage took place prior to the principal's admission to the U.S. under the DV program.
For spouses in cases involving cross-chargeability, the nonapplicant spouse's country of birth may be charged to the applicant spouse to allow the applicant spouse to qualify for DV as long as the parties were married prior to submitting the entry in the lottery and their visas were issued and they applied for admission simultaneously.
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