Court to Decide Whether FY 2027 Diversity Visa Lottery Will Proceed

A federal court order issued on October 14, 2026, is compelling the Trump administration to reopen the Fiscal Year 2027 Diversity Visa (DV) Lottery program, which has remained on hold since November of 2025. US District Judge Jinsook Ohta directed Secretary of State Marco Rubio and the Department of State (“DOS”) to announce the registration details by October 29, 2026, and open the registration period by November 1, 2026, for at least 30 days. However, the government has appealed the decision, and the case remains pending before the appellate court.

In the matter of Red Eagle Law v. Marco Rubio, Red Eagle Law challenged Secretary of State’s failure to establish a registration period, arguing it caused “a de facto cancellation of the program.” Judge Ohta granted a preliminary injunction requiring and the DOS to provide a a 30-day registration period and process entries under the program’s  usual standards.

The government’s appeal leaves the status of the court-ordered deadlines subject to further developments in the litigation and we will continue to monitor the case and share updates as they become available.