Tag: Lottery

Common Mistakes When Applying for the Diversity Immigrant Visa Program

The Diversity Immigrant Visa Program, commonly referred to as the green card lottery, was established by the U.S. government to provide individuals from countries with low immigration rates a chance to live and work in the U.S.

Each year, the U.S. Department of State conducts a random lottery drawing to select 55,000 applicants who will be given the opportunity to apply for a Diversity Visa (DV). This selection process is based on a computer-generated random lottery system, ensuring fairness and equal opportunities for all participants.

To qualify, applicants must be a citizen of a country deemed eligible by the U.S. government and have either a high school education or its equivalent or possess two years of work experience in a qualifying occupation.

Applying for the DV Program is an exciting opportunity for those looking to immigrate to the United States. However, even a minor mistake when filling out the entry form can lead to a major complication in the registration process.

By understanding the most common mistakes and learning how to avoid them, applicants can improve their chances of submitting a successful entry to the green card lottery.

The seven “deadly sins” of the Diversity Visa application process

Green card lottery entries are submitted electronically via the Electronic Diversity Visa (E-DV) website during the specified registration period. Although the DV instructions provide detailed guidance for completing the online entry form, there are seven common mistakes — aka “deadly sins” — that could result in delays or even rejection of the application.

1. Submitting multiple entries

The law allows only one entry by or for each person during each registration period. The Department of State uses advanced technology to detect multiple entries. Submissions of more than one entry will be disqualified. Applicants should take the time to review and double-check their information before submitting it.

2. Missing the deadline

No late entries or paper entries are accepted. Applicants must use the E-DV website for submission and must submit their application by the specified deadline.

The online registration period for the 2026 DV Program is open now through Nov. 5, 2024, at 12 p.m. Eastern Standard Time (EST) (GMT-5).

3. Inputting inaccurate personal information

Applicants should ensure their name and surname are entered exactly as they appear on their passport or other identification documents. They should avoid using nicknames or name variations to prevent discrepancies that could raise concerns during the review process. Applicants should also double-check the date of birth and make sure the correct day, month and year are entered. Inaccuracies in this section can lead to delays or even rejection of the entry form.

4. Omitting family members

Applicants should make sure to include all immediate family members in the entry, including a spouse and any unmarried children under the age of 21. Failure to list any eligible family members can result in their exclusion from the program.

5. Using third-party websites for assistance

Be cautious of third-party websites claiming to assist with the entry process. These sites often charge unnecessary fees and may provide inaccurate information. It is recommended to visit the official Department of State website or trusted government portal for the application.

6. Leaving entry fields blank

As we outlined above, to avoid rejection or delays applicants should ensure that all required fields are filled out. Missing information or leaving any mandatory fields blank can result in disqualification. It’s important to take the time to carefully review the form and provide accurate and complete responses.

7. Not meeting mandatory requirements

To qualify, an applicant must either have a high school education or equivalent, defined as the successful completion of a 12-year course of formal elementary and secondary education. Alternatively, an applicant must have at least two years of work experience within the past five years in an occupation that requires a minimum of two years of training or experience.

Avoid leaving it all to luck with BAL

Being aware of these common reasons for disqualification and learning how to avoid them can help ensure the Diversity Immigrant Visa Program entry is filled out correctly, providing applicants the chance of selection in the green card lottery.

While this is one route to a green card, there are more paths that don’t rely on luck. For example, a National Interest Waiver (NIW) is an immigrant visa that creates a path to a green card without a job offer or labor certification. The NIW is an alternative to the traditional PERM process and is available to those whose work is deemed to be in the national interest of the United States.

There are many ways to get a green card in the United States and the process generally involves a petition, an application, a biometrics appointment, interviews with immigration officials and decisions that potentially come with requests for more information and documents. The processing time for a green card can also vary from one to six years, depending on demand.

©2024 Berry Appleman & Leiden. All Rights Reserved.
For more news on Diversity Immigrant Visa, visit the NLR Immigration section.

Google Modifies Ad Policy to Benefit Daily Fantasy Sports and Lottery Couriers

Google has set the stage for a transformative change slated for July 15, 2024, providing a roadmap to extend Google Ads to daily fantasy sports (“DFS”) operators and lottery courier services across numerous U.S. states. A significant shift in the search engine’s Google Ads gambling and games policy, this move is indicative of the company’s responsiveness to the evolving legal landscape surrounding online gaming and lottery courier services. Industry stakeholders must navigate this new advertising landscape mindfully, seizing its potential within regulatory bounds. Legal advice and assistance may be needed to address the new policies and understand the new Google environment.

Google announced that it would permit these businesses to advertise on a state-by-state basis.

  • Approved for DFS Advertising: Alaska, California, Florida, Georgia, Kentucky, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Rhode Island, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming.
  • Approved for Lottery Courier Advertising: Alaska, Arkansas, Colorado, District of Columbia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, West Virginia, and Wyoming.

If advertisers are targeting their ads in a state that does not require a license to conduct DFS or lottery courier service, they must be licensed in at least one other U.S. state that mandates such a license.

The Legal Context of the Updated Google Ads Policy

Usually circumspect when it comes to gambling-related content, Google’s policy update marks a notable departure. Traditionally, its stringent restrictions limited advertising to state-run lotteries and horse racing only. The historical context here is important as this shift from Google’s previously conservative policy marks a wider change in the digital advertising of gaming activities. Now, licensed lottery courier services will be able to market themselves through Google Ads in 40 states, excluding California due to specific state restrictions. The revised guidelines correspond with the expanding endorsement and enactment of governance over online gaming and lottery operations. Nonetheless, this update enforces rigorous procedural rules and criteria for advertising compliance, encompassing adherence to both individual state regulations and the certification processes established by Google.

This paradigm shift in Google’s policy echoes their latest requirements for advertisers, who are compelled to demonstrate compliance not just through licensing but also through the integrity of their ad content and search positioning efforts, reflecting a commitment to consumer trust and regulatory adherence.

Daily Fantasy Sports Advertising: A New Playing Field

On the DFS front, Google’s policy expansion allows operators to advertise in 17 states, including jurisdictions where online sports betting remains unlegislated. DFS operators in states which currently do not permit online sports betting will remain at liberty to run Google ads. This reflects Google’s nuanced approach to advertising within the gaming industry, ensuring that ads from entities that have met state-imposed standards are available to users. DFS providers can enter new markets at the rollout, subject to regulatory compliance, including state licensing. In states without such licensing requirements, operators must nonetheless hold a valid license from another state that does enforce scrutiny of operators, underscoring Google’s effort in promoting only legitimate, reputable services.

Lottery Courier Advertising: Riding the Wave of Legalization

Entities such as Jackpocket and Lotto.com, acting as intermediaries, can now increase their visibility and customer base through Google Ads. Among other recent developments, DraftKings’ recent acquisition of Jackpocket for $750 million showcases the growing economic significance of lottery courier services. This growing market, while gaining popularity for convenience, is also varied in acceptance across states; advertisers must navigate diverse regulations and be keenly aware of states like California, where the State lottery commission has expressed restrictions and presently takes a dim view of courier operations.

Understanding Compliance: Standing At the Gate of Certification

Google’s guidelines mandate advertisers provide evidence of all aspects of their operation, from licensing to customer data protection and legal compliance. Certification thus becomes synonymous with service integrity, with Google’s policy now establishing this as a prerequisite. To synchronize with this directive, advertisers must:

  • Hold an official license in one state, considering the dynamics of interstate variances in regulation.
  • Target ads with precision, respecting the complexities of state-specific legal frameworks.
  • Engage diligently with Google’s certification process, indicative of an advertiser’s adherence to compliance and transparency.

Advertisers seeking certification need to demonstrate compliance with rigorous legal standards, including the authentication of tickets and adherence to regulations. The process calls for delivering not just proof of licensing where required, but also extensive details pertaining to their business operations. The intent behind this comprehensive evaluation is to safeguard consumers by preventing untrustworthy services from gaining approval to advertise.

It will be particularly interesting to understand how Google enforces its ”licensing” requirement for vendors, such as marketing affiliates, which promote lottery/fantasy sports services indirectly. Unlike B2C fantasy sports operators or couriers, these B2B entities traditionally not providing consumer-facing services may not be subject to the same state licensing demands, yet they must still navigate the intricacies of Google’s policy in their marketing efforts.

Implications for Advertisers: A Forward-Looking Approach

In navigating Google’s updated advertising framework, adherence to its detailed certification process is paramount to successful marketing. A failure to meet Google’s more robust standards could lead to advertising restrictions on its platform and related services—underscoring the need for meticulous strategy alignment and transparent operations.

The alterations to Google’s policy demand substantial attention to detail and legal compliance. These policy changes necessitate careful scrutiny and a proactive stance from advertisers to ensure alignment with new advertising avenues. On July 15, 2024, Google’s updated advertising policies will come into effect, after which the related policy page will be updated to reflect these changes.

Google’s revisions to its policies underscore the company’s pragmatic response to the dynamic realm of Internet-based lottery-related and gaming services. Notably, Google’s decision enables lottery courier advertising in a majority of states, acknowledging the sector’s growth. It is highly likely that other social media platforms will soon follow suit, thereby setting new standards for these business to adhere to if they want to take advantage of these powerful tools.

© 2024 Blank Rome LLP

Mississippi Has a Passed a Lottery Bill: Now What?

On August 31, 2018, Governor Phil Bryant signed legislation authorizing a lottery, removing Mississippi from the list of states without a lottery (now down to five jurisdictions).

So, when will Mississippians be able to buy a lottery ticket? Through close analysis of the statute and anticipated procedure, it is possible to get some sense of the potential timeline.

The bill establishes the Mississippi Lottery Corporation, run by a five-member Board of Directors. The Board members are appointed by the Governor with the advice and consent of the Mississippi Senate. Once confirmed, the Board members will have five-year rotating terms, with no member able to serve more than two terms.

The Board is authorized to hire a full-time President of the Corporation to oversee the day-to-day affairs of the lottery, subject to the approval of the Governor. Once constituted, the Board will determine the process for solicitation of applicants for President and make a selection subject to the Governor’s approval. This process should take several months, even under the best of circumstances.

The appointment and hiring process will be closely monitored by both the press and the public. All meetings of the Board are subject to the Mississippi Open Meetings Act. All records of the Corporation are deemed public records and thus open to public inspection, subject to certain statutory exceptions.

Once the President is selected, he or she will begin to staff the Corporation. All employees of the lottery will be subject to background investigations prior to hiring, and certain senior level administrative personnel must be investigated by the Mississippi Department of Public Safety. No person who has been convicted of a felony, bookmaking or other forms of illegal gambling, or a crime involving moral turpitude may be employed by the corporation. This investigation and vetting process will be time consuming and lengthy, and will delay all hiring several months.

Prior to any operations or procurements, the Board must adopt rules and regulations governing lottery operations in Mississippi. Once retained, staff will draft and revise proposed lottery regulations – another process that could take several months.

By law, the corporation has the option to purchase, lease or lease-purchase necessary goods or services. While the corporation is not able to contract out the total operation and administration of the lottery, it may make procurements for lottery game design, lottery ticket distribution to retailers, supply of goods and services, advertising and the like.

The Board must approve “major procurements”, which are for items, products or services of $1,000,000 or more, including major advertising contracts, annuity contracts, prizes, products and services unique to the lottery, and may enter into such contracts only after a formal bidding process. In bidding, the corporation may do its own procurement or may utilize the services of the Department of Finance and Administration, the Department of Information Technology Services, or other state agencies. Bidding and service procurement will be another time-consuming process; unsuccessful bidders may litigate over not being selected, resulting in even further delays.

Finally, the corporation must investigate, select and enter into agreements with hundreds of lottery retailers. The legislation sets minimum standards for such retailers, and it specifically authorizes Mississippi casinos to act as lottery retailers. This retailer investigation and retention process could also take months.

So, even with a lot of luck, the first Mississippi lottery ticket will likely not be sold until the last quarter of 2019 or first quarter of 2020.

 

© 2018 Jones Walker LLP
This post was written by Thomas B. Shepherd and Zachary W. Branson of Jones Walker LLP.
Read more about Mississippi legislation on our Mississippi Jurisdiction page.