A lawyer from Russia living in Los Angeles has sued Secretary of State Marco Rubio to force open registration for the DV-2027 and DV-2028 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 lotteries, three days after a federal appeals court paused an earlier order that would have opened the 2027 lottery on November 1.
Ivan Ivannikov filed the new Diversity Visa lawsuit, Ivannikov v. Rubio, in the U.S. District Court for the Central District of California on November 1, Newsweek reported, citing court documents. The case is listed as No. 2:26-cv-12783 in a federal docket index. No judge has ruled on it, and DV-2027 registration remains closed.
What the new DV-2027 lawsuit asks for
The complaint asks the court to order the State Department to hold registration periods of at least 30 days for both DV-2027 and DV-2028, and to process the cases of people selected afterward. It claims the department has unlawfully withheld or unreasonably delayed the lotteries, that the suspension is arbitrary and capricious, and that it goes beyond the Secretary of State’s legal authority. It also seeks relief under the Mandamus Act.
Ivannikov’s lawyers said they plan to file a motion for 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, which would ask the court for faster relief while the case continues. A State Department spokesperson told Newsweek the agency would not comment on pending litigation.
Why the plaintiff is different this time
The first case was brought by a law firm on its own. On October 29, a Ninth Circuit panel paused the San Diego order in Red Eagle Law, L.C. v. Rubio, finding the firm was unlikely to win because it fell outside the group the Diversity Visa law protects. Judge N. Randy Smith wrote separately that the firm also lacked constitutional standing. Our report on the Ninth Circuit stay covers that ruling.
The new suit is brought by a prospective entrant instead. According to the complaint, as described by Newsweek, Ivannikov was born in Moscow, holds O-1A status with an authorized stay through February 2029, and intends to enter both lotteries if registration opens. He runs his own immigration law practice in California. He is represented by Curtis Lee Morrison, who also leads Red Eagle Law, the firm behind the first case.
Where the Diversity Visa program stands
In a November 2025 notice, the State Department said it would announce DV-2027 registration dates “as soon as practicable” and that the visa application period for DV-2027 selectees would stay October 1, 2026, to September 30, 2027. Registration never opened. In December 2025, the administration suspended the issuance of diversity visas, Newsweek reported.
The program makes up to 55,000 Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary available each fiscal year to people from countries with low rates of immigration to the United States. For how the lottery normally works, see our Diversity Visa Lottery guide, and for the earlier ruling that set the November 1 date, see our report on the San Diego court order.
What happens next
The Red Eagle appeal continues in the Ninth Circuit, and the stay remains in place while it does. The Ivannikov case is at its first stage, and no hearing date has been reported. Any registration period would have to be announced by the State Department, on its own or under a court order, and the department has announced none.