DV-2027 Lottery Blocked: Ninth Circuit Sides With Government
The State Department quietly canceled the DV-2027 diversity visa lottery without explanation, blocking up to 55,000 visas for immigrants from underrepresented countries. A San Diego law firm sued and won a court order to reopen it — but the Ninth Circuit stepped in on October 29, 2026, and froze that order. The lottery remains closed, and no reopening date has been set.
The State Department never opened the DV-2027 diversity visa lottery registration — and on October 29, 2026, the Ninth Circuit ruled that it can stay closed while the legal fight continues. The three-judge panel granted the government's emergency stay, blocking a lower court order that had required the Department to reopen registration by November 1, 2026.
What happened in court
In August 2026, Red Eagle Law — a boutique immigration law firm in San Diego — sued Secretary of State Marco Rubio, arguing that canceling the DV-2027 program without explanation violated federal administrative law. A district court agreed and issued a preliminary injunction on October 14, 2026, ordering the State Department to announce a registration period by October 29, open it by November 1, and notify lottery winners by December 3, 2026. The government immediately appealed and asked for an emergency stay. The Ninth Circuit granted it.
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The panel — Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas — found that Red Eagle Law likely has no legal right to bring this lawsuit at all. Under federal law, a plaintiff must fall within the "zone of interests" that a statute is designed to protect. The Diversity Visa Program exists to encourage immigration from underrepresented countries — not to generate business for law firms. The court noted that unlike asylum law, the diversity visa statute contains no provisions about legal services for applicants. Judge Smith wrote separately to add that Red Eagle also likely lacks Article III standing, because any lost income from hypothetical future clients is too speculative to count as a concrete legal injury. The court was clear: "We do not endorse the Department's failure to open the lottery registration period" — but that alone does not give a law firm the right to sue.
As of October 30, 2026, no official DV-2027 reopening date has been announced. The Ninth Circuit will set a briefing schedule for the full appeal of the preliminary injunction. That process typically takes months.
What to do
- Check the State Department's official diversity visa page (travel.state.gov) regularly — it is the only official source for any future DV-2027 or DV-2028 announcement.
- Do not pay anyone who claims they can register you for the lottery or guarantee a spot. No private firm or website can do this.
- If you were already selected in a previous DV lottery cycle and have a pending visa application, contact a licensed immigration lawyer to understand how this litigation may affect your case.
- If you planned to apply for DV-2027, explore other immigration pathways — family petitions (Form I-130), employment-based visas, or asylum — with the help of a qualified immigration attorney.
What to do, step by step — see our guide “Immigration Court Rulings”.
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The Ninth Circuit's stay means the DV-2027 lottery will not reopen while the appeal is pending — a process that could take many months or longer. If you were counting on the diversity visa as your path to a green card, now is the time to assess alternatives: family petitions, employer sponsorship, or other immigrant visa categories may be available depending on your situation. Do not rely on unofficial websites or paid lottery registration services — consult a licensed immigration attorney to review your specific options.
Frequently Asked Questions
Does the Ninth Circuit's ruling mean the DV-2027 lottery is permanently canceled?
Not necessarily. The court granted a stay, which pauses the lower court's order while the appeal proceeds. The appeal could take months. The lottery could still be reopened if the government loses the appeal — but as of now, no registration date exists.
Can I still apply for a diversity visa for 2027?
No. The registration period never opened, and the Ninth Circuit's stay keeps it closed for now. There is no active DV-2027 registration window.
Why did the court side with the government if the State Department broke the law?
The court did not say the State Department acted correctly — it explicitly said it does not endorse the failure to open the lottery. But the court found that Red Eagle Law, as a private law firm, likely has no legal right to bring this particular lawsuit. The question of who can sue is separate from whether the government acted properly.
What should I do if I was counting on the DV lottery to get a green card?
Talk to a licensed immigration attorney about other options. Depending on your country of birth, family ties, or employment situation, you may qualify for a family-based petition (Form I-130), an employment-based visa, or other immigrant visa categories. Do not wait for the DV-2027 outcome before exploring alternatives.