Federal Judge Blocks U.S. State Department Diversity Visa Priority Policy

A D.C. federal judge blocked the U.S. State Department policy that set diversity visas at a low priority. The judge instructed the government to make “good-faith efforts” to process the 2021 diversity lottery holders before a September 30, 2021, deadline.

The Biden administration is instructed to reprioritize diversity visa winners from the bottom of the list and immediately begin processing the applications. The judge reserved the right to reserve visas for processing in the next fiscal year once it is determined how many visas can be processed by the end of September.

The diversity visa allows for foreign nationals and their dependents to permanently reside in the U.S. Diversity visas are granted based on a lottery system, with filings completed within the same fiscal year.

The 2021 diversity visa lottery winners are now excluded from the November 2020 State Department processing hierarchy. In that policy, diversity visas were at the lowest level of processing priorities, below adoptions and fiancé visas.

Four different lawsuits were filed by diversity visa holders to protest the low prioritization. Although the judge removed the low ranking, those who filed the suits were not prioritized. All diversity visa holders will be processed as they are submitted.

The order did not address the rest of the visa processing ranking system. The ranking was created in response to ongoing COVID-19 delays and related consular shutdowns. The ranking also prioritizes family reunification, as outlined by the Immigration and Nationality Act.

In addition, the judge granted a preliminary injunction on the plaintiffs’ claims. Claims include the illegality of a proclamation by former President Trump that barred diversity visa winners’ entry. The injunction also supports the claims that the government unlawfully delayed processing diversity visa petitions and the State Department’s prioritization was arbitrary.

If you have questions about the diversity visa or any other immigration-related issue, contact us at ILBSG. We work with you to ensure you get the right advice.