The U.S. State Department has reinstated a passport requirement for Diversity Immigrant Visa Program applicants to enhance the integrity of the green card lottery and combat fraud.
The U.S. State Department has finalized a new rule mandating that all applicants for the Diversity Immigrant Visa (DV) Program possess a valid, unexpired passport at the time of entry. This regulatory change aims to strengthen the integrity of the green card lottery by requiring digital scans of applicants’ biographic pages, thereby deterring fraudulent and duplicate submissions.
Known informally as the green card lottery, the DV program is a unique aspect of American immigration policy. Unlike many other visa categories, it does not necessitate an employer sponsor or a familial connection to a U.S. citizen. Instead, it offers a chance for up to 55,000 individuals annually from countries with historically low immigration rates to the United States. The new rule raises the entry barrier, requiring prospective applicants to secure formal travel documentation from their home countries before entering the digital lottery.
The decision to implement this passport requirement stems from a desire to modernize the vetting process and eliminate systemic vulnerabilities. According to the State Department’s final rule, which will take effect 30 days after its publication in the Federal Register, applicants must provide their passport information and upload a high-quality scan of the passport’s biographic and signature pages. Previously, applicants were only required to present a passport later in the process, specifically during the interview stage at a U.S. consulate if selected. By moving this requirement to the beginning, federal officials aim to ensure that every entrant’s identity is verifiable from day one.
John L. Armstrong, Principal Deputy Assistant Secretary in the Bureau of Consular Affairs at the State Department, emphasized the necessity of this change in the rule’s executive summary. He noted that the rule improves the integrity of the DV program and combats fraud, particularly targeting “bad actors” who submit multiple entries under various aliases or misrepresent their nationality to increase their chances of selection.
The administrative history of this rule has faced significant procedural challenges. A nearly identical passport mandate was introduced in the previous decade but was ultimately struck down by a federal court in 2022. Legal analysts at Bloomberg Law indicated that the ruling did not find the passport requirement itself unconstitutional or unlawful; rather, it concluded that the government had failed to adhere to the proper rulemaking procedures outlined in the Administrative Procedure Act. By finalizing this new rule through a formal public comment and review process, the State Department hopes to ensure that the mandate withstands judicial scrutiny.
This policy shift reflects a broader trend toward enhanced digital vetting and biometric verification. In addition to the passport requirement, the rule includes updates to the language used in the application process. For example, the department is replacing the term “gender” with “sex” and “age” with “date of birth” to align more closely with the data fields found on international travel documents, thereby streamlining the data-matching process utilized by federal law enforcement agencies.
Critics of the new rule argue that it imposes a financial and bureaucratic burden on applicants from developing nations, where obtaining a passport can be both costly and time-consuming. For a program intended to provide an “on-ramp” for individuals from diverse backgrounds, the upfront investment in a passport may inadvertently favor wealthier applicants. However, the State Department contends that the risks associated with identity fraud and the administrative burden of processing illegitimate entries outweigh these concerns. Limited exemptions remain for those unable to obtain a passport, such as individuals from Communist-controlled countries or those who cannot secure a passport from a government that does not issue them to its nationals.
The stakes for the DV program are exceptionally high. In a typical year, the number of entrants can exceed 10 million to 20 million, resulting in a selection rate of less than 1%. Winning the lottery is merely the first step; selected individuals must still meet stringent educational or work experience requirements, undergo thorough background checks, and complete an in-person interview. The issuance of a visa is never guaranteed, and the process is governed by strict statutory requirements that often leave many selected “winners” without a green card if they fail to complete their paperwork before the end of the fiscal year.
As Washington continues to navigate broader questions regarding border security and the future of legal migration, the Diversity Visa program remains a contentious topic. Some lawmakers advocate for its abolition in favor of a purely merit-based system, while others view it as a vital tool for American soft power and cultural enrichment. For now, the State Department’s new rule signals a clear message: while the lottery remains open, the U.S. government is demanding a higher level of accountability and transparency from every individual seeking a chance at the American Dream, according to Bloomberg Law.