NAIROBI, Kenya — Thousands of Kenyans and other prospective immigrants hoping to apply for the 2027 United States Diversity Visa Lottery face further uncertainty after an appeals court suspended an order requiring the government to reopen the programme.
The US Court of Appeals for the Ninth Circuit on Thursday, October 29, granted the federal government’s emergency request to halt a lower court ruling that had directed the Department of State to announce registration dates by October 29 and reopen applications by November 1, 2026.
The decision means the November 1 deadline is no longer enforceable while the government’s appeal proceeds, leaving prospective applicants without a confirmed registration date.
The Diversity Visa Programme, commonly known as the Green Card Lottery, provides an annual pathway to permanent residence in the United States for people from countries with historically low rates of immigration to the country.
Under the programme, up to 55,000 immigrant visas are made available annually, with applicants selected through a random lottery.
Appeals court questions law firm’s legal standing
The legal dispute began in August 2026, when Red Eagle Law, a US immigration law firm, sued the Department of State over its failure to open registration for the 2027 programme.
The firm argued that the Trump administration had unlawfully suspended the lottery and asked the court to compel the government to resume the process.
On October 14, US District Judge Jinsook Ohta issued a preliminary injunction directing the State Department to reopen the programme.
The order required the department to announce the registration period by October 29, open applications by November 1 and notify selected applicants of their eligibility to proceed by December 3.
The government subsequently appealed and asked the Ninth Circuit to suspend the order while the legal challenge was being considered.
In its October 29 decision, a three-judge panel granted the request, finding that the government had made a strong case that it was likely to succeed in challenging the law firm’s legal standing.
The judges said Red Eagle Law had failed to demonstrate that its financial interest in representing prospective lottery applicants was sufficiently connected to the purpose of the legislation establishing the programme.
“Red Eagle has not shown a likelihood of success on the merits because it is not within the zone of interests of the statute and does not have a cause of action,” the court ruled.
The judges further noted that the programme was established to encourage immigration from countries with historically low migration rates to the United States, not to generate revenue for law firms.
Also Read: Kenyans await US Green Card Lottery as judge orders DV-2027 registration
“We do not endorse the Department’s failure to open the lottery registration period,” the court added, while granting the emergency stay pending appeal.
The ruling does not amount to a final determination on whether the government’s failure to open registration was lawful. Instead, it suspends the lower court’s order as the appeal proceeds.
What the ruling means for Kenyan applicants
The latest decision is a setback for prospective applicants, including Kenyans who had been preparing to enter the 2027 lottery following the earlier court order.
With the November 1 deadline suspended, the State Department is no longer compelled by that injunction to open registration on the scheduled date.
The department has yet to announce a new registration timetable, leaving applicants uncertain about when, or whether, the 2027 entry period will begin.
The programme is designed to benefit nationals of countries with historically low levels of immigration to the US, subject to eligibility rules published for each lottery year.
Applicants are selected randomly, but selection does not automatically guarantee a visa or permanent residence. Those selected must still complete the required immigration procedures, meet eligibility conditions and pass the necessary background and security checks.
For now, prospective applicants are expected to monitor official announcements from the US Department of State as the appeal moves forward.
