Thread by @NicoletteGlazer

I got 3 DMs/emails <5 min from #DV2022 asking to "confirm that the 55K cap could be exceeded" NO it can't.

I suppose either there was some group misunderstanding on social media or some of the DV YouTube 'experts' is striking again.

A short #DV2022 🧵

The DV statutory cap is established by the statute and is 55K (minus adjustments for NACARA) per year. There are no roll-overs and no special stash @TravelGov can reach into to grant more than the 54850 (I think is the #) DV visas allowed for FY 2022.

The number is total DV visa allocations. Meaning it includes
*both principals and their respective derivatives
* visas issued by consulates & AOS granted by USCIS.

IT is a grand total. Once DOS reaches that number they must stop issuing visas.

I presume that the legitimate concerns of some #DV2022 are born out of the unusual stance of the DV2022 program as it stands now, some 21/2 months prior to the end of the FY.

Based on data published by @sDiversityVisa (🙏) it seems DOS is continuing to schedule interviews but they have now allocated more immigrant visa numbers than they have under the cap. Per USCIS they have requested allocation for over 2800 as of end of June. So #s do not add up.

Once they allocate based on the quarters/regional/per country basis they are supposed to wait for the formal post return reports to put unused visa numbers in the pot. They are not doing it, it seems.

They have used/issued a little over 26K it seems but they have scheduled interviews which have not been attended yet for well over what they can actually adjudicate by 30 Sept.

So far in July they have issued ~3K and unless they process DVs ahead all other categories for rest of month, Aug & Sept I just don't see how they can reach the cap even if they wanted. We can get in mid 40K which will be pretty good.

Now, if I'm wrong and they keep churning interviews all the way until 29th sept and ramp up issuance to levels not done before we can get to the cap, but once it is reached they MUST STOP.

It does not matter if you have already appeared for an interview or they told you that you have been approved and even kept the passports. Once the CAP is reached game over!

Perhaps someone speculated wether a court can force DOS to continue to process visas after cap is done ..

If so, then the disclosure is: no one can predict what a court would do. But I cannot see any judge reading the INA & after being told that stat cap has been reached would order DOS to issue a visa. As I said @ start visas are not fungible and DOS can get pull from a fam category

or employment category and make it a DV to satisfy a court order. So, if you are a #DV2022 concentrate on being well prepared for the interview. As we come close to the finish line there may not be time to get to correct or add missing docs that consular officer requested.

Good luck to all #DV2022! Stay safe and be double and triple check the instructions and doc requirements. END