Is DV Lottery 2027 Open Yet? Legal Battle, Current Status, and Key Updates

As of November 2026, registration for the DV-2027 Diversity Visa (Green Card) Lottery is not open.

While the application window typically opens every year in early October, the current cycle has been disrupted by legal battles between immigration advocates and the U.S. Department of State. Below is a detailed breakdown of the legal proceedings, updated administrative rules, and practical steps prospective applicants can take while waiting for official updates.

To learn more, visit What is the Diversity Visa (DV) Lottery?.

The Legal Battle: District Court Mandate vs. Appeals Court Stay

The timeline for the DV-2027 registration cycle has been reshaped by active litigation in federal court:

• The Lower Court Injunction (Red Eagle Law, L.C. v. Rubio): On October 14, 2026, U.S. District Judge Jinsook Ohta granted a preliminary injunction in California federal court. The order instructed the Department of State to launch the delayed DV-2027 lottery, set an announcement date by late October, and open registration by November 1, 2026, for a mandatory 30-day window.
• The Ninth Circuit Stay: On October 29, 2026, the U.S. Court of Appeals for the Ninth Circuit granted an emergency stay requested by the government. The appellate panel temporarily paused enforcement of the lower court’s order to open registration while the broader legal appeal continues.

The Ninth Circuit’s stay was granted on procedural grounds regarding the plaintiff’s legal standing—specifically whether an immigration law firm fell within the statutory “zone of interests” of the Diversity Visa program. Critically, the appeals court explicitly noted it was not endorsing the government’s initial failure to open registration, leaving the long-term legal outcome of DV-2027 pending final appeal.

Key Regulatory Changes for the Next Entry Period

When registration does open, applicants will navigate new regulations finalized leading up to this cycle:

Essential Guidance for Applicants

While awaiting further announcements from the Department of State, keep these rules in mind:

1. Use Only Official .gov Websites: The U.S. government accepts Diversity Visa entries exclusively through the official portal at dvprogram.state.gov. No third-party agent, consultant, or external site can submit an entry while official registration remains closed.
2. Watch Out for Scams: Be cautious of websites claiming to accept advance registrations, guarantee green card selection, or ask for high processing fees. Selection notification is never delivered by personal email, mail, or text; results are checked exclusively through the online Entrant Status Check tool.
3. Prepare Required Materials: Assemble your valid passport, accurate details for your spouse and unmarried children under age 21, and digital photographs meeting exact State Department specifications (600×600 pixels JPEG).
4. Understand the Fiscal Year Cutoff: Diversity Visas for any given cycle must be fully processed and issued by September 30 of that fiscal year. A fiscal year for the US government runs from October 1^st to September 30^th. For example, fiscal year 2027 started on October 1^st 2026 and ends on September 30^th, 2027. Winning the computer selection does not guarantee a visa if administrative processing extends past the statutory fiscal year deadline.

What Happens Once You Are Selected?

Being selected in the lottery does not immediately grant a Green Card; it simply gives you the opportunity to apply for one of the limited visa numbers available. The U.S. Department of State routinely selects significantly more applicants (often double the actual statutory cap of up to 55,000 visas) because a substantial percentage of selectees ultimately choose not to pursue the process or do not meet the requirements.  

After confirming selection on the official portal, you must complete Form DS-260 (Online Immigrant Visa Application) for yourself and any accompanying family members. Next, you must monitor the State Department’s monthly Visa Bulletin to track when your regional case number becomes active for processing. Once your number is reached, you will submit supporting documents (civil certificates, police clearances, and financial support proof), complete a mandatory medical exam with an authorized panel physician, and attend an in-person visa interview at a U.S. Embassy or Consulate.

All steps—including visa issuance—must be successfully finalized before the statutory deadline of September 30 for that fiscal year, after which unused allocations expire.

Partner with Malescu Law

If you have questions about your eligibility or need assistance with the DV Lottery process our experienced U.S. immigration lawyers at Malescu Law in Miami, Florida are here to help.

Our experienced immigration lawyers at Malescu Law in Miami, Florida, provide comprehensive guidance through every stage of the process—from preparing and submitting the DS-260 form and gathering mandatory supporting documentation (including police certificates and court records) to managing medical exams and conducting mock interview prep.

We have successfully assisted individuals in obtaining their green cards through the DV lottery, including nonimmigrant visa holders on H-1B, H-2B, L-1, L-1B, O-1, P, Q, TN, E-1, E-2, E-3 and other visa classifications who won the lottery and navigated the adjustment of status or consular process.

Whether you are completing consular processing abroad or seeking to adjust status within the United States, we are committed to helping you and your family successfully navigate the DV process before annual visa limits expire.

Contact us or schedule a consultation with our team to protect your green card opportunity.

Malescu Law P.A. – Business & Immigration Lawyers