Judge Orders State Department to Open 2027 Visa Lottery

A federal judge in San Diego has ordered the State Department to open registration for the fiscal year 2027 Diversity Visa lottery. After a joint motion, the court revised the deadlines to October 29 for the announcement, November 1 for registration and December 3 for selectee notification. This article covers what the order requires and what has not yet happened.

A federal judge has ordered the State Department to run the fiscal year 2027 Diversity VisaAn annual program under INA 203(c) that makes up to 55,000 immigrant visas available through a random drawing run by the Department of State, for people from countries with historically low rates of immigration to the United States. Entrants generally need at least a high school education or equivalent, or two years of qualifying work experience. Being selected does not guarantee a visa.See it in the glossary lottery, with registration now required to open by November 1, 2026.

U.S. District Judge Jinsook Ohta, appointed by President Joe Biden, granted a Preliminary injunctionA temporary court order pausing enforcement of a rule or policy while a legal case is still being decided.See it in the glossary on October 14 in Red Eagle Law, L.C. v. Rubio. The case was filed in the Southern District of California against Secretary of State Marco Rubio and the State Department.

What the court ordered on DV-2027 registration

The order directs State to take four steps:

  • Publicly announce the registration period on its visa news page, including the opening and closing dates, the website for electronic entries and the participation requirements.
  • Open registration, which must stay open for 30 days.
  • Notify the selectees who are eligible to apply for a Diversity Visa.
  • Process their applications under its usual procedures until the fiscal year 2027 allocation is used up or September 30, 2027, whichever comes first.

The court kept jurisdiction to enforce or modify the injunction.

The deadlines changed the same day

The original order set three deadlines: an announcement by October 15, registration by October 18 and selectee notification by November 19. Hours later, the government and the plaintiff filed a joint motion to amend the order, and the judge granted it the same day, Immigration Analytics reported. The revised deadlines are:

  • Announcement of the registration period: October 29, 2026 (previously October 15)
  • Registration opens: November 1, 2026 (previously October 18)
  • Selectees notified: December 3, 2026 (previously November 19)

The September 30, 2027 end date for issuing DV-2027 visas did not change. The report said the revised order does not explain why more time was needed.

Why the 2027 lottery had not opened

State announced in November 2025 that it was delaying the 2027 registration period and said dates would come “when practicable,” Forbes reported. Courthouse News described the case as concerning a pathway to permanent residency for up to 55,000 people. Spouses and children of selectees count toward that annual limit.

What has not happened yet

As of October 19, Forbes reported no registration announcement from State. The order is a preliminary injunction, and the court retained authority to modify it.

For the basics of the program, see our Visa Library entries on the DV diversity visa lottery and on selection versus eligibility. For the earlier court fight over DV-2026 processing, see our report on the ten-day extension. We will update this article when State posts the registration announcement.

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