On October 14, a federal court ordered the State Department to open DV-2027 registration no later than November 1, 2026, but on October 29 the Ninth Circuit stayed that order while the appeal proceeds: registration is not open and no dates have been announced. Separately, the court ordered additional consular review for DV-2026 participants already called for interviews, but the strict deadline — September 30, 2027 — means only about a year remains for processing, despite the registration delay.

What happened with DV-2026 at the consular level

Under the judge’s October 13 order, consulates were required to conduct additional review of existing DV-2026 cases from October 14 to 23, local consulate time. This concerns only already-submitted entries that fall under the court’s protection.

This consular window does not apply to submitting new lottery entries during this period — registration was closed, and new applications cannot be accepted. In addition, the additional review cannot automatically be applied to green card processing inside the US through adjustment of status.

It’s important to remember: additional review does not guarantee visa issuance. Each case is considered on its own merits.

The DV-2027 court ruling: deadlines and conditions

On October 14, in Red Eagle Law v. Rubio, federal judge Jinsook Ohta issued a preliminary injunction requiring the State Department to act, although the final resolution of the dispute has not yet concluded.

The initial deadlines were changed that same day. Instead of October 18, the parties jointly requested an extension, and the judge signed a second order with new dates. On October 29, the Ninth Circuit stayed that order pending appeal, so these deadlines no longer bind the State Department:

  • no later than October 29, 2026: the State Department must publicly announce the exact intake dates and participation conditions;
  • no later than November 1, 2026: open online registration for 30 days;
  • no later than December 3, 2026: notify selected participants.

The announcement deadline ran to midnight Eastern Time on October 29, and the dates were to appear on travel.state.gov and in the Federal Register. The phrase “no later than” meant the court had set a deadline for the State Department and all US embassies and consulates. The exact day and time registration opens will be announced by the State Department itself in an official notice.

The appeal: can the deadlines change?

On October 19, the judge issued her written opinion. It says the State Department “provided no reason for its action” and that its inaction “effectively canceled the 2027 Diversity Visa Program.”

The same day, the government filed a notice of appeal with the U.S. Court of Appeals for the Ninth Circuit (No. 26-6943). On October 21, the district court issued an Amended Order that restates all the deadlines; this is the order the Ninth Circuit stayed on October 29. The same day, the court refused to stay it pending appeal, finding that a stay “would effectively cancel the congressionally mandated 2027 Diversity Visa Program.”

On October 23, the government filed an emergency motion for a stay with the Ninth Circuit, and a response was filed on October 26.

On October 29, a Ninth Circuit panel (Judges M. Margaret McKeown, N. Randy Smith and Holly A. Thomas) granted that motion and stayed the October 14 preliminary injunction, as amended on October 21, while the appeal proceeds. The court found the government had made a strong showing that it is likely to succeed: Red Eagle Law, an immigration law firm and the only plaintiff (no DV applicants joined the suit), is not within the zone of interests of the Diversity Visa statute and has no cause of action. The program, the court wrote, “was enacted to encourage immigration, not generate revenue for law firms.” It added: “We do not endorse the Department’s failure to open the lottery registration period.” The panel did not decide whether the pause of the program itself is lawful. Next, the clerk will issue a briefing schedule for the appeal. The Ninth Circuit’s October 29 order.

The order also allowed the State Department to ask for more time on the December 3 deadline, provided it filed the request by October 30, 2026. As of October 30, DV-2027 registration is not open, the State Department has announced no dates, and entries will be accepted only at dvprogram.state.gov.

Court documents: the October 21 Amended Order, the order denying a stay, and the dockets in the district court and the Ninth Circuit.

Where to apply and what to watch for

On the official website dvprogram.state.gov, only the results check for previous entries is currently available. The check button is not a form for a new entry. Registration will open after the official announcement.

Be careful: if another website or company already offers to submit an entry for you, paying such a company does not by itself make you a participant in the government program. Wait for the official opening on the government website.

A particular question arises from the name of the court case. The order required registration to be opened under the usual eligibility criteria — you do not need to become a client of Red Eagle Law or join the lawsuit to apply. However, having your entry selected still does not guarantee a visa. After that, you must meet all program requirements, and a visa number must be available.

Processing deadlines: the court can no longer help

The court ordered applications to be processed under normal rules until the available limit is exhausted, or until September 30, 2027 — about a year away — whichever comes first. No additional year for processing was granted by this order.

This is a practical consequence of the registration delay: the visa year is already underway, while participants still have to register, learn the results, and prepare for an interview. Everything happens on a tight schedule, but the court cannot push the deadline further.

DV-2028: when to expect an announcement

There are no official DV-2028 registration dates on verified State Department pages yet. The usual calendar has been disrupted — registration normally opened in October–November, but the dates from the DV-2027 ruling cannot be carried over to DV-2028.

When the next official lottery announcement appears, check the cycle number and stage. This will help you understand whether the news applies to your entry. Look in the announcement for the DV-2028 program number and the intake start and end dates.

A line at a consulate: visitors fill out documents and wait to be called

What to check right now

If you’re waiting for DV-2027 or DV-2028 registration, start preparing now:

  • The photo must be taken no more than 6 months before submitting the entry — the countdown starts from the submission date, not from when you begin preparing. If you took the photo last year, it may already be outdated.

  • The main applicant’s passport must be valid. Biographical data and signature must be clearly visible.

  • The passport must be valid at the time of submission and at the time of applying for the green card if selected.

  • The $1 registration fee remains in place.

  • Submit only one entry per person per cycle. Multiple entries with you as the principal applicant will result in disqualification. Coordinate with family and advisors so no one submits a duplicate.

The bill to abolish the lottery and the court process

The S.5485 bill to abolish the lottery has been circulating for some time. According to the official bill tracker, the latest action remains referral to a Senate committee on September 23. The bill has not yet been passed.

The court ruling on specific cycles and possible changes to the law are completely separate processes. A court victory does not guarantee the program will be preserved forever, and the bill’s introduction alone does not stop the lottery from operating right now.