The Biden Administration will not be forced to process thousands of FY22 diversity visa applications prior to expiration. A federal judge determined the applicants are unlikely able to prove the diversity visa was illegally given a lower priority in processing. As such, the litigation requesting processing prior to the expiration date, which is September 30, 2022, has been denied. Diversity visas are intended for citizens of countries with low immigration rates to the U.S.

The lawsuit was filed on behalf of more than 2,400 families who were chosen for green cards through the fiscal year 2022 diversity visa lottery. The basis of the matter presumed that the U.S. government must process and issue all 54,850 diversity visas available for the fiscal year prior to their expiration. That presumption is not correct, per the judge.

The federal government does not have a responsibility to process all available visas, the judge summarized. With that understanding, it is not wrong to prioritize various visas, such as tourist, student, and other nonimmigrant visa applications, over diversity visas. The judge stated that ideally, there are no unused diversity visas. However, with competing priorities and a world of constraints, it’s simply not feasible. Further, he stated the secretary of state reasonably prioritized nonimmigrant visas for individuals who drive economic activity, fill health care needs, and provide seasonal workers, among other roles, in the United States.

The group of FY22 diversity visa lottery winners sued the Biden Administration in May 2022. They claimed that with only a few months left in the current fiscal year, and no visa interviews scheduled, they would lose their eligibility. The group claimed the State Department unlawfully withheld diversity visa processing. They identified a November 2021 guidance giving consular officers the option to prioritize nonimmigrant visas over diversity visas. In addition, they note a February 2022 policy that changed when their interviews could be scheduled. With the expiration date of the diversity visa lottery coming quickly, they asked that the court require the federal government to complete the processing of their applications while litigation continued. However, the judge denied that request.

The judge commented that the State Department is working through an enormous backlog that grew during the COVID-19 pandemic. That includes over 420,000 work-based and family-based green cards. The State Department has completed over 31,800 interviews for the diversity visa and was on track to issue 50,800 of the available visas. With that information, it’s unlikely the plaintiffs could prove their visa applications suffered due to an unreasonable delay.

If you have questions about your diversity visa or any other immigration-related issue, contact us at ILBSG. Our attorneys work with our clients in their specific situations to ensure they get the right advice.

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