CALIFORNIA, United States — Thousands of people hoping to secure permanent residency in the United States through the 2027 Diversity Visa Lottery have been dealt another setback after a federal appeals court blocked an order that would have forced the government to reopen the programme.
The US Court of Appeals for the Ninth Circuit on October 29, 2026, granted an emergency request by the government to suspend a lower court directive requiring the Department of State to announce registration details by October 29 and reopen applications by November 1.
The decision means prospective applicants cannot currently submit entries for the 2027 Diversity Visa (DV-2027) programme, commonly known as the Green Card Lottery.
The appeals court’s intervention came just days before the deadline set by a federal judge in California, reviving uncertainty over a programme that had remained inactive since December 2025.
The court did not permanently abolish the Diversity Visa programme or issue a final ruling on whether the government’s decision to suspend the 2027 registration was lawful. Instead, it temporarily halted enforcement of the lower court’s order while the legal dispute continues.
Why the 2027 Green Card Lottery was suspended
The controversy began after the US Department of State failed to open registration for the DV-2027 programme during the expected application period in 2025.
In November 2025, the department announced that changes were being made to the entry process for the 2027 programme. However, in December 2025, the government paused the programme before registration could begin.
The suspension left prospective applicants without an opportunity to submit entries, prompting legal challenges seeking to compel the government to implement the annual lottery.
One of those challenges was filed in August 2026 by Red Eagle Law, a California-based immigration law firm, against US Secretary of State Marco Rubio.
The firm argued that the government’s failure to open registration effectively cancelled the DV-2027 programme and amounted to unlawful administrative action.
It sought judicial intervention requiring the State Department to resume the process and provide applicants with an opportunity to participate.
Federal judge had ordered applications to reopen on November 1
On October 14, 2026, US District Judge Jinsook Ohta, sitting in the Southern District of California, issued a preliminary injunction requiring the State Department to reopen the DV-2027 programme.
The order established a timetable intended to restore the registration process.
Under the directive, the department was required to publish registration details by October 29, open applications no later than November 1 and notify selected applicants of their eligibility to proceed by December 3, 2026.
The registration window was expected to remain open for 30 days.
The order also required the department to process applications from selected foreign nationals in accordance with the usual immigration procedures, subject to the programme’s annual visa allocation and statutory deadlines.
The ruling had raised hopes among prospective applicants, particularly in African countries where the Diversity Visa programme has historically provided an important route to US permanent residency.
However, the US government appealed the decision, seeking to prevent the lower court’s directive from taking effect while the case was being considered.
Why the appeals court blocked the reopening
On October 29, a three-judge panel of the Ninth Circuit granted the government’s emergency request for a stay, temporarily suspending the lower court’s order.
In its ruling in Red Eagle Law, L.C. v. Rubio, the appeals court questioned whether the law firm had the legal standing to challenge the government’s failure to implement the lottery.
The judges found that Red Eagle Law had not demonstrated that its commercial interest in representing prospective lottery applicants was sufficiently connected to the purpose of the Diversity Visa programme.
The programme was established to encourage immigration from countries with historically low rates of immigration to the United States, rather than to generate business for immigration law firms.
The court noted that Red Eagle Law was the only plaintiff in the case and had not joined any prospective Diversity Visa applicants or claimed to represent them in the proceedings.
The judges therefore concluded that the firm had not demonstrated the necessary legal basis to obtain the preliminary injunction.
Importantly, the appeals court made clear that its decision should not be interpreted as endorsing the government’s failure to open registration.
“We do not endorse the Department’s failure to open the lottery registration period,” the court stated.
Nevertheless, it granted the government’s request for a stay, allowing the State Department to keep the DV-2027 programme inactive while the appeal proceeds.
The decision therefore concerns the legal standing of the party that brought the case and the requirements for obtaining an injunction. It does not amount to a final determination that the government was legally entitled to suspend the programme.
What happens next to the 2027 Green Card Lottery?
The immediate consequence is that the November 1 registration deadline set by the lower court is no longer enforceable while the stay remains in place.
The State Department is therefore not currently required by that injunction to open the application window or publish the registration schedule.
The underlying legal dispute, however, has not necessarily ended.
Red Eagle Law may seek further judicial review of the appeals court’s decision as the litigation continues. The Ninth Circuit is also expected to establish a briefing schedule for the appeal of the preliminary injunction.
Until there is a further court decision or an announcement from the State Department, prospective applicants have no confirmed date on which DV-2027 registration will open.
Immigration law firm Fragomen, which has been monitoring the proceedings, confirmed that the programme remains inactive following the appeals court’s intervention and advised prospective applicants to watch for further legal developments.
There is also no confirmed announcement that the government will reopen registration voluntarily.
What the Green Card Lottery offers successful applicants
The Diversity Visa programme is an annual US immigration initiative established by Congress under the Immigration and Nationality Act.
It makes available up to 55,000 immigrant visas each year to eligible individuals from countries with historically low levels of immigration to the United States.
The programme is designed to promote diversity in US immigration by providing opportunities to people who may not otherwise qualify through family-sponsored or employment-based immigration routes.
Applicants are selected randomly from eligible entries, with approximately 100,000 people typically selected to proceed with the subsequent visa application process.
However, being selected in the lottery does not automatically guarantee a Green Card or permission to enter the United States.
Successful entrants must still satisfy the programme’s eligibility requirements, submit the required immigration documentation, undergo background checks and attend a consular interview.
They must also meet the required education or work-experience criteria.
Under the programme, applicants generally need either a high school education or its equivalent, or at least two years of qualifying work experience within the preceding five years in an occupation requiring at least two years of training or experience.
Eligibility is determined principally by country of birth rather than current citizenship or country of residence, although certain exceptions allow applicants to claim eligibility through a spouse or, in some circumstances, a parent.
The list of eligible countries can change from one programme year to another, depending on immigration figures.
What prospective applicants should do
With the DV-2027 programme still suspended, people hoping to apply should avoid submitting personal information or money to individuals and websites claiming that registration has reopened.
The US government has not announced a new application period following the October 29 appeals court decision.
Applicants should rely on official announcements from the US Department of State and use its designated Diversity Visa website: https://dvprogram.state.gov
The website is the official portal for submitting entries when a registration period is open and checking selection results.
Applicants should also be cautious of agents or intermediaries claiming they can guarantee selection or improve their chances of winning. Selection is random, and no private agent can guarantee a successful outcome.
Until the government issues new instructions, prospective applicants should prepare their eligibility documents and monitor official announcements rather than rely on unofficial registration links.
Is the Green Card Lottery permanently cancelled?
Despite the latest setback, the October 29 ruling does not permanently cancel the Diversity Visa programme.
The appeals court suspended the lower court’s order requiring the government to reopen the 2027 registration process. It did not issue a final judgment abolishing the programme or settle the broader legal dispute surrounding the State Department’s decision.
The distinction is important for applicants who may interpret the latest development as the end of the annual immigration opportunity.
The Diversity Visa programme remains established in US immigration law, which requires the government to implement an annual programme providing up to 55,000 visas to eligible applicants.
However, the immediate future of DV-2027 remains uncertain because registration has not opened and the legal challenge is continuing.
For thousands of prospective immigrants, particularly those who had been waiting for the November 1 reopening, the latest court intervention means another delay with no confirmed timetable for applications.
