A D.C. Federal judge ordered the U.S. Department of State to issue an additional 9,095 diversity visas. The Department had stopped processing visas for certain winners of the 2020 Diversity Visa Lottery based on Trump-era restrictions. The judge stated the Trump-era laws didn’t block these lottery winners’ visas.

This is a win for thousands of lottery winners who challenged the State Department’s “No-Visa Policy”. This policy was issued to temporarily ban individuals from entering the U.S. at the beginning of the COVID-19 pandemic.

The judge ordered the Department of State to adjudicate applications until the 9,095 diversity visas in reserve for the 2020 Fiscal year are filled. There is no timeline in place for this process. The findings of the case guide the State Department to work with the plaintiffs’ attorneys to negotiate a reasonable time frame.

The State Department interpreted the Immigration Nationality Act as a rule to bar visas to individuals included in the act from entering the United States. The same D.C. Federal judge panned that interpretation in September 2020. He ordered the U.S. to process diversity visa applications at that time, which was the end of that fiscal year. As such, visas allocated through the 2020 lottery would expire if not issued by September 30, 2020. Therefore, the judge reserved 9,095 visas, pending the final ruling. However, an estimated 30,000 diversity visas did expire.

The U.S. continued to defend the State Department’s No-Visa Policy.  They claimed various provisions of the Immigration and Nationality Act suggested travel bans also drove visa issuance bans. The judge denied the argument.

Lottery winners urged the Judge to increase the diversity visa allotment held in reserve. They also asked the Judge to prioritize processing for the individuals who filed the claim. However, the Judge refused both requests. He stated there was no proof that the agency acted in bad faith and as such, there is no legal basis to increase the number of available visas. And the Immigration and Nationality Act states diversity visas must be issued in a random order, established by the Secretary of State.

Lottery winners include 900 individuals from Afghanistan. However, with required medical exams, among other requirements for the Diversity Visa, it is unclear if these individuals will be allowed to pursue their visas.

If you have questions about a Diversity Visa or any immigration-related issue, contact us at ILBSG. We are vigilant in monitoring ongoing immigration policy and apply our expertise and experience to every case to ensure you get the right advice.

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