Diversity Visa Update: Courts Consider Emergency Relief as DV-2026 Deadline Arrives
The final days of the DV-2026 Diversity Visa Program have brought significant developments in the ongoing federal litigation challenging the government’s suspension and delayed processing of Diversity Visa cases.
Earlier this year, the State Department and U.S. Citizenship and Immigration Services (USCIS) paused processing of Diversity Visa cases. In August, federal courts intervened, and in Medani v. Trump, the U.S. District Court for the Northern District of California temporarily vacated the challenged policies and ordered the government to take reasonable steps to resume ordinary processing of affected DV-2026 cases. Read the August 28 Medani decision here.
Emergency Requests to Preserve Unused DV-2026 Visas
With today’s (September 30) end of the fiscal year rapidly approaching, attorneys for DV-2026 applicants sought additional emergency relief.
In Medani v. Trump, the plaintiffs asked U.S. District Judge Edward J. Davila to reserve unused DV-2026 visa numbers so that eligible applicants could potentially continue to receive relief after September 30. The government opposed the request, arguing, among other things, that the court lacked authority to extend DV eligibility beyond the end of the fiscal year.
On Tuesday, September 29, Judge Davila held an emergency hearing concerning the requested supplemental relief and the government’s implementation of the court’s earlier orders. At the conclusion of the hearing, the court took the request under submission rather than immediately ordering the reservation of visa numbers.
A similar issue has also been raised in Ivanov v. Trump in the U.S. District Court for the District of Columbia, where plaintiffs have sought supplemental relief relating to unused DV-2026 visa numbers.
Why September 30 Is So Important
Under the normal rules governing the Diversity Visa Program, a DV selection is valid only through the end of the applicable fiscal year. For DV-2026 selectees, that date is September 30, 2026. September 2026 Visa Bulletin.
The State Department has specifically advised that DV-2026 selectees who do not receive a visa or obtain adjustment of status by September 30 ordinarily derive no further benefit from their DV-2026 selection.
That makes the pending request to preserve unused visa numbers particularly important. If no additional relief is granted, many DV-2026 selectees whose cases were delayed during the government processing pauses could lose the opportunity to obtain permanent residence despite having been selected in the lottery.
What About the DV-2027 Lottery?
Meanwhile, there is still no announced registration date for the DV-2027 Diversity Visa Lottery.
The State Department previously stated that it was making changes to the DV entry process and would announce the DV-2027 registration period “as soon as practicable.” State Department announcement. As of September 30, however, no registration period has been announced.
Separate litigation, Red Eagle Law, L.C. v. Rubio, challenges the government’s failure to open the DV-2027 registration period. A federal judge heard arguments on the request for a preliminary injunction on September 24 and indicated that a decision would be issued on or before October 14.
What DV Applicants Should Know
The situation remains extremely fluid. DV-2026 applicants should continue monitoring their case status and communications from the State Department, the appropriate U.S. embassy or consulate, or USCIS. The outcome of the pending emergency requests could determine whether any unused DV-2026 visa numbers remain available after the September 30 deadline.
As of September 30, 2026, the Department of State has still not announced the opening date for the DV-2027 registration period. DOS previously stated that it is implementing changes to the Diversity Visa entry process and that it would announce the DV-2027 registration start date “as soon as practicable.” Prospective applicants should therefore rely only on official Department of State announcements and should be cautious of websites or services claiming that DV-2027 registration is already open.
We will continue monitoring developments involving both the DV-2026 litigation and the opening of the DV-2027 registration period and will provide updates as additional information becomes available.
This article is for informational purposes only and does not constitute legal advice. Diversity Visa cases are highly time-sensitive, and applicants should consult with qualified immigration counsel regarding their individual circumstances.
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