Diversity Visa Program: New Passport & Vetting Rules (2026)

Regulatory Change Alert | Effective: 2026 | Source: 22 CFR Parts 40 and 42 | Federal Register Vol. 91, 2026-04737

The U.S. Department of State has finalized sweeping amendments to the regulations governing the Diversity Immigrant Visa (DV) Program — the most significant anti-fraud overhaul in the program's recent history. If you are advising petitioners, supporting immigration compliance, or simply trying to understand what these rule changes mean in practice, this guide breaks down exactly what changed, why it matters, and what steps must be taken to remain compliant.

What Is the Diversity Immigrant Visa (DV) Program?

The Diversity Immigrant Visa Program, established under Section 203(c) of the Immigration and Nationality Act (INA), allocates up to 55,000 immigrant visas per fiscal year to nationals of countries with historically low rates of immigration to the United States. The program is designed to diversify the immigrant population and is administered by the Department of State through an annual electronic lottery.

The DV Program is free to enter, highly publicized globally, and — because of its open-access nature — has long been a target of fraud, impersonation, and third-party scams. According to the Department of State, tens of thousands of fraudulent or ineligible entries are submitted each DV lottery cycle, undermining program integrity and displacing legitimate applicants.

The 2026 Regulatory Change: What the Department of State Actually Changed

Published in the Federal Register on March 11, 2026 (Document No. 2026-04737), the Department of State amended regulations at 22 CFR Parts 40 and 42 to institute several concrete changes to the DV Program entry and vetting process. Here is a breakdown of each major amendment:

1. Mandatory Passport Information in DV Program Entries

The most impactful change requires that every petitioner submitting a DV Program entry must provide valid, unexpired passport information as part of the electronic entry form. This includes:

Passport number
Country of issuance
Passport expiration date
A scanned upload of the biographic and signature page of the passport

Previously, petitioners could submit DV lottery entries without providing passport documentation. This gap allowed fraudulent entries using fabricated identities or entries made on behalf of real individuals without their knowledge or consent.

Exemption Provision: The rule acknowledges that some individuals — particularly nationals of countries where obtaining a passport is difficult or dangerous — may be exempt from this requirement. In such cases, the petitioner must affirmatively indicate on the entry form that they qualify for an exemption. The specific exemption criteria are defined in the amended regulatory text and align with existing State Department guidance on hardship and country-specific limitations.

2. Standardization of Entry and Vetting Procedures

The second major component of this rulemaking involves standardizing vetting procedures across DV Program administration. The Department is harmonizing how entries are reviewed for eligibility, cross-referenced against existing databases, and flagged for further adjudication. This includes:

Uniform document verification standards applied to all DV entries
Enhanced cross-referencing with biometric and travel document databases
Standardized disqualification procedures for entries with mismatched or suspicious identity information

This standardization effort is designed to eliminate inconsistencies in how consular posts around the world process DV selectees, creating a more uniform and auditable compliance baseline.

Why These Changes Were Necessary: The Fraud Problem in the DV Program

The DV Program's combination of open access, high visa value, and international visibility has made it one of the most fraud-prone immigration pathways in the world. Several documented patterns of abuse drove this rulemaking:

Key Statistics on DV Program Fraud:

The Department of State processes approximately 22 million electronic DV entries per lottery cycle, creating an enormous surface area for fraudulent submissions.
Third-party fraud agents — often charging fees of $50 to $500 or more — have been widely documented submitting mass entries on behalf of individuals who did not authorize them, then extorting selectees for payment.
In one audit period, the Government Accountability Office (GAO) found that the DV Program lacked sufficient identity verification mechanisms, recommending stronger document-based controls — a recommendation directly addressed by this 2026 rulemaking.
U.S. embassies and consulates have reported cases where DV selectees at visa interviews presented identity documents inconsistent with their original lottery entries, suggesting widespread identity substitution fraud.
The State Department's own Visa Office has noted that a significant percentage of DV disqualifications at the interview stage involve discrepancies that earlier passport-based vetting would have caught.

Citation Hook: The 2026 amendments to 22 CFR Parts 40 and 42 represent the first time the Department of State has mandated passport documentation at the DV Program entry stage, closing a significant identity verification gap that had existed since the lottery's electronic migration in the 2000s.

Comparison: DV Program Rules Before and After the 2026 Amendment

Requirement	Pre-2026 Rule	Post-2026 Rule (Effective 2026)
Passport number at entry	Not required	Required (valid, unexpired)
Passport document upload	Not required	Biographic/signature page scan required
Exemption indication	Not addressed	Must affirmatively indicate exemption eligibility
Identity cross-referencing	Limited / inconsistent	Standardized across all consular posts
Entry without travel document	Permitted	Prohibited (unless exempt)
Vetting procedure uniformity	Variable by consular post	Standardized regulatory baseline
Fraud disqualification triggers	Post-selection interview only	Entry stage + interview stage

This table illustrates that the 2026 rule shifts identity verification upstream — from the consular interview to the initial lottery entry — dramatically increasing the cost and complexity of fraudulent submissions.

Effective Dates and Key Compliance Deadlines

The final rule was published in the Federal Register on March 11, 2026. The Department of State has indicated the following implementation timeline:

Publication Date: March 11, 2026
Effective Date: As specified in the Federal Register notice (22 CFR Parts 40 and 42 amended)
Application to DV Lottery Cycles: These requirements apply to DV Program entry periods governed by the amended regulations. Petitioners submitting entries during the next announced DV lottery registration window must comply with the passport documentation requirement.
Retroactive Application: The rule does not retroactively invalidate prior selections already in process under prior rules; however, enhanced vetting procedures apply to all pending DV cases during the consular processing stage.

Practical Note from Jared Clark: At Certify Consulting, we always advise clients navigating regulatory transitions to treat the publication date as day zero for compliance preparation — not the effective date. Waiting until the last moment to gather passport documentation or understand exemption criteria is a common mistake that creates unnecessary risk.

Practical Compliance Guidance for DV Program Petitioners and Advisors

Whether you are a prospective DV petitioner, an immigration attorney, or a compliance professional advising a foreign national population, here is actionable guidance for navigating the new requirements:

Step 1: Obtain a Valid, Unexpired Passport Before the Entry Window Opens

The single most important preparation step is ensuring that every prospective DV petitioner has a valid, unexpired passport before the DV lottery registration period begins. Passport processing times vary significantly by country. In many high-demand DV-eligible countries, passport issuance can take 4–12 weeks or longer.

Verify that the passport will remain valid through the anticipated visa interview date (generally at least 6 months beyond entry)
Ensure the passport contains a clear biographic page and a legible signature
Keep a high-quality digital scan of the biographic and signature page ready for upload

Step 2: Understand the Exemption Criteria

If a petitioner genuinely cannot obtain a passport due to government limitations, personal safety concerns, or other qualifying hardships, they must:

Affirmatively indicate exemption status on the electronic entry form
Be prepared to document the basis for exemption if requested during consular processing
Consult the most current State Department guidance on which exemption categories are recognized under the amended 22 CFR Parts 40 and 42

Do not claim an exemption without a legitimate basis. False exemption claims constitute a material misrepresentation in a federal immigration filing and can result in permanent bars to admissibility.

Step 3: Use Only the Official DV Program Entry Portal

The Department of State processes all DV entries through the official Electronic Diversity Visa (EDV) entry system at dvprogram.state.gov. The new passport upload requirement must be completed through this official portal. Third-party submission services — even those that claim to assist with entry preparation — cannot legitimately submit entries on behalf of petitioners and frequently engage in fraud.

Citation Hook: Under the 2026 amendments to 22 CFR Parts 40 and 42, submitting a DV Program entry without valid passport information (or a documented exemption) will render the entry invalid, regardless of whether the petitioner is otherwise eligible.

Step 4: Preserve Confirmation Numbers and Entry Records

Once a DV entry is submitted with the required passport documentation, the petitioner will receive a confirmation number. This number is essential for:

Checking selectee status through the official Entrant Status Check (ESC)
Verifying that the entered passport information matches consular records at the interview stage
Challenging any administrative errors in identity matching

Step 5: Prepare for Enhanced Identity Verification at Consular Interview

The standardization component of this rulemaking means that consular officers will apply uniform verification procedures when cross-referencing passport data submitted at entry against documents presented at the interview. Petitioners should:

Present the same passport used in the original DV entry
Not renew or replace their passport between entry and interview without understanding how to update records with the National Visa Center
Bring all supporting documentation demonstrating identity continuity

What This Means for Immigration Compliance Programs

For organizations that support internationally mobile workforces or manage immigration compliance programs, the 2026 DV Program amendments reinforce a broader regulatory trend: identity document verification is moving earlier in the administrative pipeline.

This trend is visible across multiple federal regulatory frameworks — from CBP's enhanced biometric collection requirements to DOS's expanded screening of nonimmigrant visa applications. Compliance teams should:

Update internal immigration compliance checklists to include DV Program passport documentation requirements
Brief HR and talent acquisition teams on the new requirements so that DV-based employment-authorized candidates are counseled appropriately
Recognize that DV selectees who fail to comply with the new entry requirements will be disqualified, potentially affecting workforce planning

At Certify Consulting, our regulatory compliance team monitors Federal Register publications across multiple domains — including immigration-adjacent regulatory changes — to ensure our clients are never caught off guard by rule changes like this one.

How the DV Program Amendments Fit Into the Broader Visa Integrity Landscape

The 2026 DV Program rulemaking does not exist in isolation. It reflects the Department of State's ongoing commitment to visa program integrity across all immigrant and nonimmigrant categories. Recent related actions include:

Enhanced scrutiny of DV-related social media and online presence disclosures
Increased coordination between DOS and DHS on identity verification for lottery selectees
Proposed expansions of biometric collection requirements for DV processing posts
Ongoing GAO and OIG oversight of DV Program administration

Citation Hook: The Department of State's 2026 amendments to the Diversity Immigrant Visa Program regulations mark a systemic shift from post-selection identity verification toward front-end document authentication, establishing passport data as a foundational integrity control for the program.

Understanding where this regulatory trajectory is heading allows compliance professionals and petitioners alike to anticipate future requirements, not just react to current ones.

Frequently Asked Questions (FAQ)

Q1: What passport information is required under the new DV Program rules?

Under the 2026 amendments to 22 CFR Parts 40 and 42, DV Program petitioners must provide their passport number, country of issuance, and expiration date, and must upload a scan of the biographic and signature page of their valid, unexpired passport. Alternatively, petitioners who qualify for an exemption must affirmatively indicate their exempt status on the entry form.

Q2: What happens if someone submits a DV entry without passport information?

Entries submitted without the required passport documentation — and without a valid exemption claim — will be considered invalid under the amended regulations. The petitioner will not be eligible for selection, regardless of their country of birth eligibility or other qualifications. This makes early passport preparation essential.

Q3: Who is exempt from the passport requirement in the DV Program?

The amended regulations provide for exemptions for petitioners who are unable to obtain a valid passport due to circumstances such as government-imposed restrictions, personal safety concerns, or other hardship conditions defined in the regulatory text. Exempt petitioners must affirmatively indicate their exemption status during entry. Claiming an exemption without a legitimate qualifying basis constitutes a material misrepresentation.

Q4: When do the new DV Program passport requirements take effect?

The final rule was published in the Federal Register on March 11, 2026 (Document No. 2026-04737). The requirements apply to DV Program entry periods governed by the amended regulations. Petitioners should treat these requirements as effective immediately and ensure passport readiness before the next DV registration window opens.

Q5: Does the 2026 DV Program rule affect people already selected in previous lottery cycles?

The new passport documentation requirement primarily affects new DV entries going forward. However, the standardized vetting procedures introduced by the 2026 rule apply to all DV cases in consular processing. Selectees from prior cycles who are in active consular processing should expect more uniform and rigorous identity verification at their interviews.

Summary: Key Takeaways from the 2026 DV Program Amendments

Passport documentation is now mandatory at the DV Program entry stage — a fundamental shift from prior practice.
Exemptions exist but must be affirmatively claimed and truthfully supported.
Vetting procedures are now standardized across all consular posts, reducing inconsistency and increasing the likelihood that fraud is caught earlier.
The rule was published March 11, 2026 and applies to upcoming DV lottery cycles.
Third-party entry services remain illegitimate — use only the official State Department portal.
Compliance preparation should begin now — passport processing timelines in many DV-eligible countries can exceed the window between rule publication and the next registration period.

For organizations and individuals navigating the evolving landscape of immigration compliance and regulatory change, staying current with Federal Register publications is non-negotiable. The team at Certify Consulting monitors regulatory developments across immigration-adjacent and quality system frameworks to keep our clients audit-ready and compliant.

For more on regulatory compliance frameworks and certification readiness, explore our regulatory compliance consulting services and our resources on government and federal compliance program management.

Last updated: 2026-03-11

Source: Federal Register, Vol. 91, Document No. 2026-04737, "Visas: Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa Program," Department of State, March 11, 2026. Available at: https://www.federalregister.gov/documents/2026/03/11/2026-04737/visas-enhancing-vetting-and-combatting-fraud-in-the-diversity-immigrant-visa-program