F-1 Visa Holder's Eligibility for the DV Lottery: Key Points and Guidelines

Can a student on an F-1 visa apply for the DV lottery? Yes, they can apply provided they meet certain eligibility requirements, without jeopardizing their current visa status. This guide explains the eligibility criteria, the significance of immigrant intent, and the practical steps involved in the application process.

Eligibility for the Diversity Visa Lottery

To apply for the DV lottery, students on an F-1 visa must meet two primary criteria:

Country of Origin: The applicant must be from a country eligible for the DV program. Educational or Work Experience: The applicant must either hold a high school education or equivalent, or have two years of work experience in an occupation requiring two years of training or experience within the last five years.

It's important to note that applying for the DV lottery does not affect an F-1 visa holder's current visa status. However, if selected, the student would need to adjust their immigration status, potentially transitioning from F-1 to a permanent resident status. Consulting an immigration attorney is recommended for personalized advice and guidance.

Non-Immigrant Intent and the DV Lottery

The F-1 visa is considered a non-immigrant visa, and while the application process implies a certain level of non-immigrant intent, this does not prohibit students from applying for the DV lottery. However, it does indicate an existing intention to become a permanent resident if selected.

Eligibility while in the US: Students can apply for the DV lottery while in the US. If selected, they can proceed with the process via the USCIS without needing to leave the country. Immigrant Intent and F-1 Status: The State Department has clarified that the intent for the DV lottery is limited to the applicant's intent at the time of application. Winning the lottery and applying for a green card does not violate F-1 status provided the student remains in the US.

Considerations for Student Winners of the DV Lottery

If a student wins the DV lottery and has an expired F-1 visa, they may face challenges: If the student leaves the US after winning, the likelihood of obtaining a new F-1 visa upon return may decrease. Winners who legally remain in the US may apply for adjustment of status (AoS), a process that does not jeopardize F-1 status.

It's crucial for students to understand the potential implications of winning the DV lottery and to seek guidance from experienced immigration attorneys to make informed decisions.

Conclusion

In summary, F-1 visa holders are eligible to apply for the DV lottery provided they meet the eligibility criteria. While winning the lottery may imply immigrant intent, it does not necessarily undermine current F-1 status if the applicant remains in the US. For those with expired visas and international travel plans, careful consideration and professional advice are essential.

For more information on the DV lottery and F-1 visa regulations, refer to official government resources or consult with licensed immigration attorneys.