Employers of foreign nationals should note that registration for the Fiscal Year 2015 Diversity Visa ("DV") Lottery opened yesterday, October 1, 2013, at noon (EDT) and will remain open until noon (EDT) on Saturday, November 2, 2013. The DV Program is an alternate path for foreign nationals who meet the program's eligibility requirements to obtain permanent residence in the United States. Each fiscal year, the U.S. Department of State, through a computer-generated lottery selection, makes available 50,000 immigrant visas ("green cards") to a class of immigrants known as "diversity immigrants."
Who Is Eligible to Enter the FY 2015 Lottery?
People from countries with historically low rates of immigration to the United States may register for the DV Lottery. The list of countries is subject to change from year to year. For this DV Lottery, employees born in one of the following countries are NOT eligible: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Employees born in any country not listed above, including Hong Kong, Macau and Taiwan, ARE eligible to register. In addition, employees who were born in one of the ineligible countries listed above may still be able to register, provided that (1) if married, the employee's spouse was born in a country whose natives are eligible; or (2) in some circumstances, if a parent was born in a country whose natives are eligible.
In addition to being eligible to enter based on country of birth, an employee must meet either the education (a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education) or work experience requirement (two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform, as set forth in the U.S. Department of Labor's O*Net Online database).
How Does an Employee Register for the Lottery?
An employee (not the employer) must submit an online Electronic Diversity Visa Entry Form (E-DV entry form or Form DS-5501) and a digital photo through the Department of State's official lottery website at www.dvlottery.state.gov, during the registration period. This website has Frequently Asked Questions to guide users through the online registration process. The employee should register early and make sure his/her photo meets the required specifications as shown on the website. Lottery applicants are permitted to submit only one entry per person. All entries by an individual will be disqualified if more than one entry is submitted. Any incomplete entry will also be disqualified. Once an employee successfully registers electronically, a confirmation screen will appear on his/her computer containing his/her name and confirmation number. The employee must print this screen for his/her records and save the confirmation number.
How Does an Employee Learn if He/She Has Been Selected as a Lottery Winner?
An employee may check the status of his/her entry starting May 1, 2014, on the official DV Lottery website indicated above by clicking on Entrant Status Check and entering his/her unique confirmation number and personal information. This is the only method of notification of a winning entry selection; the Department of State will not send letters or e-mails or make calls to the selected lottery winners.
Protect Yourself From Lottery Fraud
There is no cost or charge by the Department of State for employees to register for the DV Lottery. The U.S. government does not employ any outside consultants or private services to operate the program. The only authorized website where employees can officially register to participate in the DV Program is www.dvlottery.state.gov. Accordingly, employers and employees should be very wary of any deceptive lottery websites claiming to have State Department authorization or any e-mails or letters that claim to be from the State Department. As stated above, the State Department does not send letters or e-mails, and the official lottery website is the only legitimate place to submit a registration or to learn about lottery results. Any third-party attempts to provide registrations for a fee are highly likely to be a scam or fraud; no third party can improve an applicant's chances of being selected as a DV Lottery winner.
If you have any questions regarding the DV Lottery, please contact us.
On October 10, James Bowers will share his personal perspectives on the History of Slavery and Race in South Carolina at UConn School of Law.
Day Pitney Alert
Rachel Gonzalez, Mary Rogers and Patrick McCarthy wrote an article "NLRB Eases Organizing of Temporary Workers" for CBIA’s H&R Safety Newsletter on the impact of the recent decision of the National Labor Relations Board (NLRB).
Dan Schwartz and James Leva wrote an article, "Where New Conn. Ban-The-Box Law May Be Headed," for Law360. The article outlines what employers need to know about Connecticut's recently enacted "ban-the-box" law, titled "An Act Concerning Fair Chance Employment."
Day Pitney Alert
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.
Hartford, Conn., May 26, 2016 - Day Pitney LLP is pleased to announce that Employment and Labor attorney Albert Zakarian has been chosen as a Lifetime Achievement winner of The Connecticut Law Tribune’s second annual Professional Excellence Awards 2016. The Professional Excellence Awards 2016 recognize 28 lawyers, who were chosen from over 60 nominees, as either Lawyer of the Year or Lifetime Achievement recipients, according to The Connecticut Law Tribune. The Lifetime Achievement Awards honor "attorneys who have excelled over a career."
John McLafferty was quoted in an article, "Final overtime regulations less drastic than feared," in Massachusetts Lawyers Weekly. In the article, McLafferty discusses how the Department of Labor’s final revised federal overtime regulation will impact businesses. "The reality is that the rule made more people eligible for overtime; it didn’t create any obligation for employers to pay more overtime," he said. McLafferty added that the regulation’s impact on employees could have a wider effect on office culture and policies, which may affect a company’s ability to attract and retain workers. In addition, he noted that employers should take this opportunity to ensure that all of their employees are properly classified for overtime purposes.
Albert Zakarian has been chosen as a winner of The Connecticut Law Tribune's second annual Professional Excellence Awards. The awards recognize two dozen lawyers for outstanding service to the profession during their long careers. The publication received more than 70 nominations. Profiles of awardees will appear in the Law Tribune in May. An event will also be held in May to recognize the winners. More about the awards can be found here.
Howard Fetner was quoted in an article, "Judge Allows Company to Withhold Benefits From Departing Employee," in The Connecticut Law Tribune. Fetner represented Community Health Center, Inc. (CHC), a statewide company that provides health care services to low-income patients, in a case in which a former CHC employee sought to recover compensation for unused paid time off. Following a trial, the court ruled in favor of CHC, reinforcing an employer's right to condition the payment of compensation for accrued fringe benefits upon an employee's giving a specified amount of advance notice of termination.