The U.S. State Department and United States Citizenship and Immigration Services (USCIS) have announced several significant updates relating to the 2025 Diversity Lottery Program and the Temporary Protected Status extension for Venezuela. Below are overviews of each update.

Dates And Eligibility Requirements for the DV-2025 Diversity Lottery Program: What You Need To Know

On September 7, 2023, the State Department announced that this year’s Diversity Visa (DV) Lottery filings will officially open on Wednesday, October 4, 2023, at noon, eastern daylight time (EDT). The entry period will close on Tuesday, November 7, 2023, at noon, EDT. 55,000 visa applicants will be selected starting on May 4, 2024.   Applicants who submit more than one entry for a person will disqualify all entries for that person.

Applications may only be submitted electronically at the formal Department of State website here. The State Department has encouraged individuals not to wait until the last minute to apply for the lottery. There is no charge to register, and applicants should maintain all information concerning the completion of registration in a safe place for follow up in May 2024, when the random lottery results become available.

• Who May Apply– Individuals from all countries, except Bangladesh, Brazil, Canada, The People’s Republic of China* (including mainland and Hong Kong born), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, Republic of Korea (South Korea), Venezuela, and Vietnam.

*** Natives of Macau SAR and Taiwan are eligible.

The program is geared to attract individuals from countries that have historically low immigration to the United States.

• Level of Education and Experience– Each DV applicant must meet the education/work experience requirement of the program by either possessing  at least a high school education or equivalent or two years of work experience in the past five years in an occupation requiring two years of training or experience.
• How to Apply- Entries to the 2025 DV-Lottery Program must be submitted between noon EDT, Wednesday, October 4, 2023 until noon EDT on Tuesday, November 7, 2023. The submissions may only be filed electronically. There is no fee for the filing and for this reason, the Department of State warns that any service or website charging a fee for the submission is fraudulent. The website for submissions is: dvprogram.state.gov.

When Will You Be Notified If You Are a Winner?
Random selection of individual applications will be made by computer from among qualified entries commencing May 4, 2024 through September 30, 2025. Entrants can check their status on the E-DV website, and the ‘entrant status webpage’ commencing May 4, 2024. Please note that if more than one application is submitted per applicant, that applicant is disqualified. However, in family situations, all family members may apply for the Lottery, assuming they meet the eligibility criteria.

USCIS Announces Extension and Redesignation of Venezuela for Temporary Protected Status

On September 20, 2023, USCIS announced the redesignation of Venezuela for Temporary Protected Status (TPS) for an additional 18 months. USCIS announced that the TPS redesignation is due to conditions, including instability and humanitarian conditions in Venezuela, that prevent its nationals from safely returning to their country.
 
What is the TPS Program?
As we explained in our previous Immigration Alert when USCIS initially announced the TPS Program for Venezuela, TPS is a temporary immigration status granted to eligible nationals of countries designated under the Immigration and Nationality Act — or eligible persons without nationality who last resided in a designated country. This allows them to remain in the United States, assures that they are not removed, and authorizes them to obtain employment authorization so long as they continue to meet TPS’s threshold requirements. TPS beneficiaries may also apply for travel authorization at USCIS’s discretion. TPS beneficiaries are presumed to return to the United States in the same immigration status they had before travel.
 
TPS does not lead to permanent resident status, but individuals with TPS status may be eligible to adjust their status to permanent residency based on traditional permanent residency processing requirements. Currently, there are over 240,000 Venezuelan TPS beneficiaries.   USCIS estimates that an additional 470,000 Venezuelans may be eligible under this TPS redesignation.
 
Who is Eligible for the TPS Redesignation?
Only Venezuelans who arrived in the U.S. before July 31, 2023 are eligible for TPS protection. Venezuelans eligible for TPS under this redesignation must meet the following requirements:

• Demonstrate that their either citizens or nationals of Venezuela or that they are individuals without nationality who last resided in Venezuela;
• Prove that they have continuously resided in the United States since July 31, 2023;
• Meet other requirements, including lack of criminal record; and
• File applicable Forms I-821 Application for Temporary Protected Status and I-765 Application for Work Authorization.

Our team prepares and files relevant applications for adjustment of status, advance parole, temporary protected status, and employment authorization requests. We work closely with our Firm’s wide range of clients across sectors to ensure their business immigration needs are fulfilled.