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US Diversity Visa lottery remains suspended as appeals court blocks reopening

Byadmin

Nov 1, 2026


The US Diversity Visa lottery for fiscal year 2027 will remain suspended after a federal appeals court blocked a lower court order directing the Trump administration to reopen the program, leaving prospective applicants uncertain about when they can register for the Green Card lottery.

Complete breakdown of new H-1B and green-card changes. (AFP)
Complete breakdown of new H-1B and green-card changes. (AFP)

The US Court of Appeals for the Ninth Circuit issued an emergency stay on October 29, allowing the State Department to keep the Diversity Immigrant Visa (DV) program on hold while the government’s appeal proceeds, according to a Bloomberg Law report.

The decision came just hours before the department was required to announce the FY2027 lottery registration schedule. It temporarily suspends a California federal court order that had directed the government to restart the registration process and follow a specific timeline.

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Why the US Diversity Visa lottery was suspended

The legal dispute began after the State Department failed to launch the FY2027 Diversity Visa lottery registration process. The department had announced changes to the next lottery cycle in November 2025 but suspended the program in December that year.

Red Eagle Law, an immigration law firm representing Diversity Visa lottery selectees, filed a lawsuit in August 2026 challenging the suspension. The firm argued that the government’s decision was unlawful under the Administrative Procedure Act.

On October 14, US District Judge Jinsook Ohta of the Southern District of California issued a preliminary injunction directing the State Department to restart the program.

The order required the department to announce the registration schedule by October 29 and open the application window by November 1 for 30 days. It also directed officials to notify selected applicants by December 3 and process their visa applications under the usual procedures.

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However, the government appealed the ruling and sought an emergency stay from the Ninth Circuit.

What the appeals court said

In its October 29 decision, the Ninth Circuit said the government had made a strong showing that it was likely to succeed in its appeal because Red Eagle Law had not established that it had the legal standing to bring the challenge.

The judges observed that the law governing the Diversity Visa program was intended to encourage immigration from countries with historically low rates of immigration to the US, rather than generate revenue for law firms representing applicants.

The court also clarified that its decision did not endorse the State Department’s failure to open registration.

“We do not endorse the Department’s failure to open the lottery registration period,” the court said, adding that Red Eagle had not demonstrated that it fell within the zone of interests protected by the law.

What the suspension means for applicants

The Diversity Visa program makes up to 55,000 immigrant visas available annually to eligible applicants from countries with historically low immigration rates to the US. Selection is random and does not guarantee a Green Card, as applicants must still meet eligibility requirements and complete visa processing.

The program was suspended in December 2025 after a Portuguese national who had obtained a US visa through the lottery was suspected of carrying out shootings in Rhode Island and Massachusetts.

With the appeals court allowing the suspension to continue, there is no confirmed registration date for the FY2027 lottery.

By admin