Update, October 1, 2026: On September 30, the court ordered the State Department to keep processing fiscal year 2026 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 cases for 10 days past the deadline. Read our report.
nn
Update, September 29, 2026: The deadline is tomorrow. Under the State Department’s DV-2026 instructions, visas cannot be issued and adjustments cannot be approved after September 30, 2026, and there is no carryover to the next year. The August 28 order does not extend that deadline.
A federal court has ordered USCIS to resume processing a batch of Diversity Visa Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary applications it had put on hold, giving affected applicants a narrow window before the FY-2026 DV program closes out.
What the ruling does
On August 28, 2026, the U.S. District Court for the Northern District of California temporarily vacated a USCIS policy memo that had placed a hold on Diversity Visa related adjustment applications pending a broader vetting review. The court certified a subclass covering FY-2026 DV selectees and their derivative beneficiaries who were caught by the hold, and ordered USCIS to take all reasonable steps to resume ordinary adjudication of their pending cases.
Why the timing matters
Diversity Visa status for FY-2026 selectees expires at the end of the fiscal year on September 30, 2026. Numbers not used by then generally cannot be carried forward, so the practical value of this order depends heavily on how quickly USCIS moves in the weeks it has left.
What is still unresolved
USCIS said it disagrees with the ruling but will comply while the case continues. The underlying hold policy has not been struck down outright, only paused for the certified subclass, so further litigation is expected.
This post will be updated as more detail on implementation becomes available.