The DV-2027 Green Card Lottery remains closed as of October 29, 2026, despite a judge’s order directing the State Department to restart registration. The government appealed and asked the judge to pause the injunction while the challenge proceeds.
Background: Judge Orders State Dept. to Set DV-2027 Lottery Dates by October 29
No entry window has opened for this cycle, and the department has not announced a start date. The appeal itself does not automatically suspend the injunction, but the government’s separate request for a stay leaves the schedule at risk.
The order sets deadlines for an announcement, registration and notice to selected entrants. Those are court-ordered steps, not a guarantee that the process will proceed without interruption.
Entrants must prepare a passport scan and pay a new $1 fee
When the window opens, applicants must submit the DS-5501 Electronic Diversity Visa Entry Form through the official lottery website. Each person may submit one entry; duplicate submissions trigger automatic disqualification.
Entrants must upload scans of the biographic and signature pages of a valid, unexpired passport. The passport requirement took effect in April 2026. Applicants must also pay a non-waivable $1 fee by credit or debit card when submitting an entry.
Eligibility depends on birthplace and qualifications. Applicants must be born in a country classified as having historically low immigration rates and have either a high school diploma or at least two years of relevant work experience within the previous five years. A job offer is not required when applying.
The required photo must be a square JPEG measuring 600 x 600 pixels, taken within the six months before submission. It must have a plain white or off-white background. Glasses are not allowed, and headwear is prohibited unless worn for religious reasons.
The department does not send selection results by email or post. Entrants receive a unique confirmation number and must enter it on the official site to check their results.
Judge Ohta ordered the lottery reopened after finding the pause unjustified
Red Eagle Law, L.C. v. Rubio, Docket No. 3:26-cv-04738 (S.D. Cal.), was filed on August 19, 2026. Red Eagle Law, a Southern California immigration firm, sued Secretary of State Marco Rubio. U.S. District Judge Jinsook Ohta, a Joe Biden appointee, issued a preliminary injunction on October 14, ordering the government to reopen the lottery.
Ohta found that the firm had a substantial likelihood of success on the merits and would suffer irreparable financial harm through lost clients and revenue it could not recover in litigation. She also found that reopening would not unduly burden the government and would serve the public interest by ensuring compliance with federal law.
The judge described the suspension as “arbitrary and capricious.” She faulted the government for not explaining why a delay described as temporary had become indefinite and continued into the new fiscal year.
The government had argued that the court lacked authority to order a lottery after its expected registration window had passed. It also contended that the injunction amounted to an improper nationwide order. Ohta rejected both arguments, finding a late registration period could still meet Congress’ requirement for the program to operate.
The appeal leaves the court schedule vulnerable to a stay or reversal
The government filed its appeal and a separate motion asking Ohta to stay the injunction on October 19, 2026. A department spokesman declined to comment, citing pending litigation. The court’s schedule remains in place unless the judge or an appeals court changes it.
Fragomen warned that a stay or reversal could come “with little or no notice.” Filing an appeal does not, by itself, pause the injunction or determine how the appeal will end.
Curtis Morrison, Red Eagle Law’s founder and owner, said in a social media video after the ruling, “We won.” He told Courthouse News: “This means that when George Herbert Walker Bush made it the law in 1990, the Trump administration can't just ignore the laws they don't like. We have judges here to make sure they follow the law. I think the judge did a really good job analyzing the arguments.”
At an earlier hearing, Morrison accused the department of misleading his firm and prospective entrants by citing changes to the process as a reason for delay. He said the delay would let the government argue that it was too late to run the lottery. Morrison also said he filed a joint request to extend the original October 15 announcement deadline by two weeks to avoid “hiccups”; a later order replaced that schedule.
The pause followed an announced delay and a separate program shutdown
In November 2025, the department said it was changing the entry process and would announce the registration and results-checking dates later. Its announcement retained an October 1, 2026, through September 30, 2027, visa application period for selectees, but did not set an entry period.
The department paused the fiscal 2027 program entirely in December 2025. Registration remained unopened when the fiscal year began on October 1, 2026.
The DV-2026 program is separate. Relief involving existing applications from that cycle is tied to Medani v. Trump, following an August 28, 2026, order. That case does not open registration for the 2027 or 2028 lotteries. No DV-2028 dates have been announced, so applicants should not assume a normal fall 2026 entry period.
Selection still requires a visa application, interview and admissibility review
Being selected does not grant permanent residence. Selectees must file a formal visa application, submit supporting documents, complete a medical examination, pay visa fees and pass an interview. Standard admissibility requirements also apply, including restrictions related to prior immigration violations or a criminal record.
The government and the Federal Trade Commission have warned against fraudulent services. Selection is random by computer, and no outside service can improve an entrant’s chances. Requests for advance payment by wire transfer, cheque or money order are scam indicators; legitimate visa fees are collected by a U.S. Embassy or Consulate at a scheduled interview.
The next court-ordered steps begin with a registration announcement
The injunction allows up to 55,000 people to apply for permanent residence. Under the revised schedule, the department must publish full entry details on its website and through customary channels, including the Federal Register.
| Deadline | Court-ordered action |
|---|---|
| October 29, 2026, midnight ET | Publish registration dates, the entry website and participation requirements. |
| November 1, 2026, midnight ET | Open registration for 30 days. |
| December 3, 2026, midnight ET | Notify selected individuals. |
| September 20, 2027 | Process visa applications until the annual allocation is exhausted or this date, whichever comes first. |
