The U.S. Department of State has published a final rule amending the regulations governing the Diversity Immigrant Visa (DV) Program. Published in the Federal Register on March 11, 2026 (91 FR 11891), the rule takes effect on April 10, 2026, and will be implemented beginning with the DV 2027 program year. If you are planning to enter the Diversity Visa lottery, or advising someone who does, understanding these changes before registration opens is essential.
What the New Rule Requires
Under the amended regulations at 22 CFR § 42.33, every DV Program petitioner must now provide the following at the time of entry submission:
- The unique serial or issuance number from a valid, unexpired passport
- The petitioner’s name, country or authority of passport issuance, and expiration date
- A scan of the biographic and signature page of the passport (JPEG format, not to exceed 5 MB)
This means applicants who do not currently hold a valid passport will need to obtain one before the DV 2027 registration window opens not after being selected, as was previously common practice. The Department estimates that approximately 10 million people will submit entries for DV 2027, and the passport requirement applies equally across all eligible regions.
Limited exemptions exist for petitioners who are stateless, nationals of Communist controlled countries unable to obtain a government issued passport, or those who expect to qualify for an individual waiver granted by the Secretaries of Homeland Security and State. Applicants seeking an exemption must provide supporting evidence at the time of entry.
Why the State Department Is Implementing This Change
The Department has documented persistent, large scale fraud in the DV Program. In DV 2025 alone, over 2.5 million fraudulent entries were identified and disqualified. The Department’s position is that tying each entry to a unique, valid, unexpired passport makes it significantly more difficult for unauthorized third parties including criminal enterprises to submit entries on behalf of unwitting individuals without their knowledge or consent.
A previous passport requirement was in effect for program years DV 2021 through DV 2023 before being removed after a court found it was promulgated without notice and comment rulemaking. This time, the Department followed the full public comment process, receiving 399 comments, and is proceeding with the rule as a final regulation.
Other Regulatory Changes
The rule also makes the following language updates to 22 CFR Part 42:
- The term “gender” has been replaced with “sex,” consistent with Executive Order 14168
- The term “age” has been replaced with “date of birth” to more accurately reflect how information is collected and maintained
- A $1 registration fee will be collected at the time of entry submission
What This Means for Prospective DiVersity visa 2027 Applicants
If you are a national of a DV eligible country and are considering entering the DV 2027 lottery, the immediate takeaway is straightforward: make sure you have a valid, unexpired passport before registration opens. Passport processing timelines vary significantly by country in some cases taking several months so beginning that process now is advisable.
At Ahluwalia Law Offices, PC, we counsel foreign nationals on immigration pathways including DV selectee processing, adjustment of status, and consular processing. If you have questions about whether you or your family members qualify for the Diversity Visa program or what the new requirements mean for your specific situation, we encourage you to schedule a consultation with our team.
Frequently asked questions
What is the new passport requirement for the Diversity Visa Program?
Beginning with DV 2027, all petitioners must submit their valid, unexpired passport number, name, country of issuance, expiration date, and a JPEG scan of the biographic and signature page along with their electronic entry form (DS-5501).
When does the new DV Program passport rule take effect?
The final rule is effective April 10, 2026, and will be implemented starting with the DV 2027 registration period.
Are there any exceptions to the DV passport requirement?
Yes. Exemptions apply to stateless individuals, nationals of Communist controlled countries who cannot obtain a government issued passport, and those who qualify for an individual waiver from the Secretaries of Homeland Security and State. Evidence must be submitted to support any exemption claim.
What happens if I submit a DV entry without a passport?
Entries that do not meet the new passport requirements will not be considered valid. The Department will disqualify entries that fail to comply with the updated DS-5501 requirements.
Why did the State Department reinstate the DV passport requirement?
The Department documented over 2.5 million fraudulent entries in DV 2025 alone. The passport requirement is designed to deter identity fraud and unauthorized third party submissions by tying each entry to a unique, verifiable document.
Does the DV passport rule affect family members listed on the application?
The passport scan requirement applies to the primary petitioner. Spouses and children listed as derivatives must still provide photographs and identifying information per 22 CFR § 42.33(b)(1)(v), but the scan requirement targets the petitioner’s passport specifically.
Is there a fee to enter the DV 2027 lottery?
Yes. A $1 registration fee is collected at the time of entry via Pay.gov. No waivers are available for this fee.
