United States: Court Orders State Department to Open FY 2027 Diversity Visa Lottery Registration
October 16, 2026
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At a glance
- A federal district court has issued a preliminary injunction requiring the State Department to open the registration period for the FY 2027 Diversity Visa (DV) lottery by midnight ET on November 1, 2026.
- The agency is also required to make a public announcement with FY 2027 DV program registration details by midnight on October 29, 2026.
- The State Department had paused the FY 2027 diversity visa immigrant visa program since December 2025, causing groups to sue for resumption of the program.
- The government is likely to appeal the district court decision.
The issue
The State Department is required to open the FY 2027 Diversity Visa (DV) program by midnight ET on November 1, 2026 for a period of 30 days, according to a preliminary injunction issued by a California federal district court. The agency is also required to make an advance public announcement on the State Department website, providing full details of the upcoming registration, by midnight ET on October 29, 2026.
The agency’s upcoming public announcement must identify the opening and closing dates of the FY 2027 DV program registration period, the website through which registration entries should be made, and the requirements for participation. After DV registration closes, the court order also requires the State Department to notify selected foreign nationals of their selection by midnight ET on December 3, 2026.
Lastly, the preliminary injunction requires the State Department to timely process any submitted FY 2027 DV immigrant visa applications in accordance with the agency’s usual procedures until the annual DV allocation is exhausted or until September 20, 2027, whichever is earlier.
The court’s initial preliminary injunction order had provided earlier deadlines for the required State Department actions, but a subsequent order modified the deadlines to provide the agency with more time to comply. The case is Red Eagle Law, L.C. v. Rubio, Docket No. 3:26-cv-04738 (S.D. Cal., case filed Aug 19, 2026; orders issued Oct. 14, 2026).
Background
After making an announcement in November 2025 that changes were underway for the FY 2027 DV entry period, the State Department paused the program entirely in December 2025. The agency was simultaneously pausing immigrant visa processing under the FY 2026 DV program. Several groups sued to reinstate the DV programs underway or in planning stages at the time of the pauses; the litigants challenging actions impacting the FY 2026 DV program had some limited success.
What’s next
Prospective FY 2027 DV lottery registrants should stay tuned for a State Department announcement providing the details for registration. The instructions are likely to include the newly added requirements of a $1 fee and a valid passport, new eligibility requirements added to the DV program over the last year. Foreign nationals should also be aware, however, that the State Department may appeal the district court decision, and that a stay or reversal of the preliminary injunction requirements could come with little or no notice.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
