The Biden Administration received a temporary reprieve from an order to process delayed diversity visas by September 30, 2022. The original request, which is granted, was due to the administration pursuing an appellate review. The outstanding diversity visa processing entries are from the fiscal year 2020.
The 30-day reprieve gives time for an expedited appellate review. The order, prior to the 30-day reprieve, requires the complete processing of 9,095 diversity visas from 2020. The administration must request an expedited decision from the D.C. Circuit within seven days. Depending on the outcome after the 30-day reprieve, the courts will consider an extension of the stay.
The backlog is exacerbated by ongoing visa backlogs, in part due to the global pandemic. The Biden Administration continues to address the backlog, albeit with little advancement.
Diversity Visas are a lottery process. Each fiscal year, 50,000 immigrant visas are granted to individuals from those countries that have a historically low level of immigration to the U.S. However, winners of the diversity visa lottery have been in various stages of legal actions since early 2020. Diversity visa winners argued that the pandemic was used as the basis to stop processing their visas at a time when travel restrictions banned entry to the U.S. but did not limit visa issuance.
The D.C. federal courts have successfully saved thousands of diversity visas from expiring. In addition, two specific judges have ordered the processing of diversity visas in the fall of 2021. However, three months after being ordered to process the diversity visa applications, the Biden administration asked for a delay in order to file an appeal. The grounds of the appeal surround continued processing for visas that should have expired and the impact the requirement has in affecting the secretary of state’s discretionary authority to prioritize visa services.
A similar order is in effect for recipients of the 2021 lottery. There are an outstanding 966 diversity visas awaiting process for that year.
If you have questions about the diversity visa or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing policy and legal processes to ensure our clients get the right advice.
