A federal court has ordered USCIS to resume processing a batch of Diversity Visa adjustment of status 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.