As previously reported, the FY 2027 DV Lottery will remain on pause once more. On October 29th, 2026, the Ninth Circuit stayed a lower court’s order requiring the State Department to open DV-2027 registration and administer the DV Program. The appeal remains pending, but for now the government does not have to do anything.
Background
In August 2026, Red Eagle Law, L.C. filed suit against Secretary of State Marco Rubio for failing to open the FY 2027 DV Registration period. Red Eagle Law is a San Diego County law firm that specializes in helping DV winners. They alleged that by not opening the DV Program, they were losing money because many of their clients are DV Winners.
Judge Jinsook Ohta of the US District Court for the Southern District of California entered a Preliminary Injunction requiring the State Department to open DV-2027 registration and adjudicate DV-2027 cases. The order included several deadlines, including notifying DV Winners by December 3rd. The Government quickly filed an appeal.
Ninth Circuit Stays Lower Court’s Decision
A panel of judges consisting of Judge McKeown, Judge Smith, and Judge Thomas determined that the government was likely to prevail on appeal. One reason why was who filed the lawsuit. Congress created the Diversity Visa program to encourage immigration from countries with low admission rates, and the panel found that a law firm’s revenue from representing selectees falls outside the interests the statute protects. Notably, the only Plaintiff was Red Eagle Law. There were no prospective applicants or DV winners who filed suit. Judge Smith concurred that the law firms’ injuries were too hypothetical to file a suit.
The panel did make one thing clear. Granting the stay doesn’t mean it endorses the State Department’s decision to leave the program closed.
What Happens Next?
The DV-2027 registration will remain closed until further notice. There is currently no ETA for when the DV Program will be reopened. The injunction deadlines will be paused until the appeal is resolved. Red Eagle Law stated they will continue to fight and can petition the entire Ninth Circuit or the Supreme Court to hear their case. We may also see more lawsuits filed against the government.
No one can apply for the FY 2027 DV Lottery since registration has not opened. If any website or person tells you that they applied for you, please be aware this is not true. Keep an eye on the travel.state.gov website for updates.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.