IMMIGRATION LAW UPDATE | DIVERSITY VISA LOTTERY
Bad news for thousands of people hoping to obtain a Green Card through the Diversity Visa Lottery. The 2027 Green Card Lottery will remain suspended, at least for now, following a new decision by the U.S. Court of Appeals for the Ninth Circuit.
On October 29, 2026, the Ninth Circuit issued an emergency order blocking enforcement of a lower federal court decision that had required the U.S. Department of State to reopen the Diversity Visa (DV-2027) Lottery.
What happened?
The Diversity Visa Lottery, commonly known as the Green Card Lottery, is a program established by Congress that makes up to 55,000 immigrant visas available annually to individuals from countries with historically low rates of immigration to the United States.
The Trump administration did not open the registration period for the 2027 lottery, effectively putting the program on hold.
An immigration law firm challenged the government’s failure to administer the program. On October 14, 2026, a federal district judge ordered the State Department to reopen the lottery, announce registration dates by October 29, begin accepting entries by November 1, and notify selected applicants by December 3.
However, the government appealed.
On October 29, the Ninth Circuit granted the government’s emergency request to pause the lower court’s order while the appeal proceeds. As a result, the State Department is not currently required to reopen the DV-2027 Lottery.
Why did the Ninth Circuit block the reopening?
The court focused primarily on a legal issue called standing: whether the party bringing the lawsuit had the legal right to challenge the government’s actions.
The Ninth Circuit concluded that the law firm had not demonstrated that its financial interest in representing future lottery applicants was sufficiently connected to the purpose of the Diversity Visa statute.
Importantly, the court expressly stated that it was not endorsing the government’s failure to open the lottery. Rather, it concluded that the particular plaintiff had not established the legal basis necessary to pursue the lawsuit.
This distinction is important. The court did not issue a final ruling that the administration has the legal authority to permanently cancel the Diversity Visa Program. The appeal is still pending.
What does this mean for people hoping to enter the 2027 lottery?
For now:
- The DV-2027 registration period has not opened.
- The November 1 registration deadline ordered by the lower court is no longer enforceable while the emergency stay remains in effect.
- Applicants cannot assume that the 2027 lottery will proceed as originally expected.
- There is no confirmed new registration date.
- The legal battle is continuing.
Is the Green Card Lottery permanently canceled?
No. It is important not to confuse a temporary court order with a final decision on the future of the program.
The Diversity Visa Program was established by Congress under the Immigration and Nationality Act, including 8 U.S.C. § 1153(c). The Ninth Circuit’s October 29 decision concerns the ability of this particular plaintiff to challenge the government’s actions. It does not eliminate the program from federal immigration law.
Further litigation and additional court decisions may change the situation.
My advice to potential applicants
If you were planning to apply for the Green Card Lottery, do not give up hope, but do not rely on unofficial websites or individuals promising guaranteed registration or selection.
Continue monitoring official announcements from the U.S. Department of State. Be particularly careful about anyone charging money to register you for a lottery that has not officially opened.
The situation is developing, and we will continue to follow the litigation and report any significant changes.
Need help with your U.S. immigration options?
The Green Card Lottery is only one possible path to permanent residence. Depending on your circumstances, other immigration options may be available.
Contact Shepelsky Law Group at (718) 769-6352 or visit www.ShepelskyLaw.com to discuss your immigration options.