By: Fanny Wong and Jacob Cherry

The Diversity Visa (DV) Lottery program, administered by the U.S. Department of State, allocates up to 55,000 immigrant visas annually through a random selection process from countries with low rates of immigration to the United States. Although it is a highly competitive process, the DV lottery can still be a great option for foreign nationals seeking permanent residence in the United States. For employers, the DV lottery program can also improve talent acquisition and enhance diversity in the workplace.

Snapshot of the DV Lottery Program for Fiscal Year 2026 (FY2026)

  • Fees
    • There is no cost for the initial registration for the diversity lottery (but selected individuals who are subsequently scheduled for an interview will be required to pay a visa application fee prior to making their formal application).
  • Entry period
    • For FY2026, applicants must submit their entries electronically at dvprogram.state.gov between 12:00 PM (noon), Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 2, 2024, and 12:00 pm (noon) Eastern Standard Time (EST) (GMT-5), Tuesday, November 5, 2024. Only one entry is permitted per person during each year’s lottery registration period—submitting more than one entry per person will disqualify all entries for that individual.
  • Countries not eligible for FY2026
    • Each year, the Department of State publishes the list of countries that are not eligible to participate in the lottery, as more than 50,000 people from these countries immigrated to the U.S. in the previous five years.
    • An applicant’s eligibility to participate in the DV lottery is based on their country of birth—not their country of residence or current nationality. For FY2026, the following countries are not eligible: Bangladesh, Brazil, Canada, The People’s Republic of China (including mainland and Hong Kong born—although natives of Macau SAR and Taiwan are eligible), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, Republic of Korea (South Korea), Venezuela, and Vietnam.
  • Education or Work Experience Requirements
    •  To qualify, applicants must have at least one of the following:
      • High school education or its equivalent (completion of a 12-year course of elementary and secondary education OR the successful completion in another country of a formal course of elementary and secondary education). Correspondence programs or equivalency certificates (such as the General Equivalency Diploma [G.E.D.]) are not acceptable; or
      • Two years of work experience within the last five years in an occupation that requires at least two years of training or experience. The Department of States uses the U.S. Department of Labor’s O*Net Online Database to determine if an occupation qualifies for the DV program.
  • Potential Qualification through Spouse or Parents
    • Even if at first glance an individual may not appear to be eligible for the DV lottery, they may still be able to enter through their spouse or parents.
      • Qualifying through spouse: If the individual’s spouse is a native of a country that is eligible for the DV lottery, then the individual can also claim their spouse’s country of birth (as long as the individual and their spouse are both named on the selected entry, are found eligible, issued the diversity visas, and enter the U.S. together at the same time).
      • Qualifying through parents:  If neither of the individual’s parents were born in or legally resident in the applicant’s native country at the time of the applicant’s birth, then the individual may claim the country of birth of one of their parents who are eligible for the DV lottery.
  • Random Selection Process
    • The selection process is entirely random, ensuring that all entries have an equal chance.
  • Selection does not guarantee permanent residency: process for selected applicants
    • Applicants will need to check their selection notice and look at the case number listed on the notice. The case number will first list the fiscal year of selection, followed by their geographic region, and end with their rank number.
    • While selections will occur in May 2025, the window to apply begins October 1, 2025. Selection in the lottery does not guarantee permanent residency. Applicants will need to confer with the Department of State’s visa bulletin to check their eligibility to move to the second step of the process, which is to formally apply for a Diversity Visa (if outside of the U.S.) or file for adjustment of status to become a legal permanent resident (if currently in the U.S.).

How the Diversity Lottery can Benefit U.S. Employers

Over the last few years, certain industries such as the technology industry has experienced layoffs across small, medium, and large companies. This can pose an additional challenge for U.S. employers who in compliance with Department of Labor regulations, may find themselves unable to file PERM applications for their foreign national employees. This can lead to disruption to the business if a pool of talented employees may now be at risk of losing U.S. work authorization if they are unable to extend their status in the U.S.

In addition to the PERM process, employers should consider other valuable options in their toolkit for securing permanent residency for their foreign national employees. These options include the Diversity Visa Lottery, as well as employees who may potentially qualify for other employment-based immigration pathways that bypass labor market testing, such as National Interest Waivers (NIWs), individuals who can demonstrate extraordinary ability in their field, outstanding professors and researchers, or multinational managers and executives. By exploring these diverse pathways, employers can better navigate the complexities of the current labor market and ensure they retain their talented workforce.