A federal appeals court has paused the order that required the State Department to open registration for 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 by November 1, 2026.
On October 29, a three-judge panel of the Ninth Circuit granted the government’s emergency request in Red Eagle Law, L.C. v. Rubio. The stay suspends the October 14 preliminary injunction while the appeal moves forward. Judges M. Margaret McKeown, N. Randy Smith and Holly A. Thomas were on the panel.
What the Ninth Circuit paused on DV-2027 registration
The district court had ordered three steps: announce the registration period by October 29, open registration by November 1, and notify eligible selectees by December 3. With the stay in place, none of those dates can be enforced for now. The appeals court did not set a replacement timetable and did not extend the existing visa application deadline.
Why the court said the law firm’s challenge was unlikely to succeed
Red Eagle Law sued in its own name, and no prospective lottery entrants joined the case. The panel found the firm had not shown a likelihood of success because its financial interest in representing lottery participants falls outside the interests the Diversity Visa statute protects. Fox News reported that the court warned a contrary result would let lawyers sue over indirect business harm.
Reports differ on the breakdown. One outlet describes the ruling as 2-1, while another says Judge Smith wrote separately to argue the firm also lacked constitutional standing. The court’s order is the place to confirm the vote.
What the ruling does not decide
The Ninth Circuit did not decide whether the State Department’s failure to open registration was lawful. The panel said it did not endorse that failure and described the unexplained delay as effectively cancelling the program in practice. The ruling neither formally ended DV-2027 nor reached the merits of the case.
The panel directed its clerk to issue a briefing schedule, so the appeal continues. Red Eagle Law has said it plans further legal action.
Where DV-2027 registration stands now
As of October 31, State’s published DV-2027 guidance lists no registration start date, according to IBTimes. Any announcement would appear on the State Department’s Diversity Visa website.
The registration dispute is separate from State’s August 31 guidance pausing Diversity Visa issuances. Under that guidance, people already selected could still submit applications and attend interviews. The Ninth Circuit ruling concerns only the registration timetable.
For the basics of the program, see our Visa Library entries on the Diversity Visa lottery and on selection versus eligibility. We will update this article when State posts a registration announcement or the court rules on the appeal.