New Lawsuit Seeks to Force DV-2027 and DV-2028 Diversity Visa Registration to Open

Ivan Ivannikov sued Secretary of State Marco Rubio on November 1, 2026, asking a California federal court to compel registration for DV-2027 and DV-2028. The complaint seeks entry periods for both lottery cycles. It does not itself set a registration date.

Ivannikov, a Russian national living in Los Angeles, filed in the U.S. District Court for the Central District of California. He says he qualifies and intends to enter both lotteries if registration opens.

The complaint says he is legally in the United States in O-1A nonimmigrant status. His approved petition runs through February 15, 2029, and his authorized stay through February 25, 2029. Those dates are part of his stated stake in the case.

The lawsuit alleges the State Department unlawfully withheld or unreasonably delayed agency action. It also challenges the suspension as arbitrary and capricious and beyond the secretary of state's statutory authority.

The complaint seeks two registration windows of at least 30 days

Ivannikov asks the court to order the department to open a registration period lasting at least 30 days for each lottery, then process people selected through the programs. He also seeks relief under the Mandamus Act, which is included among the legal grounds in his complaint.

His attorneys said they intend to seek a preliminary injunction. The filing describes requested relief, not a decision by the judge. The Central District of California has not ruled on that planned request.

The program makes up to 55,000 immigrant visas available each fiscal year to people from countries with historically low immigration to the United States. Entry is only the first stage. Selection does not guarantee a visa; selected applicants must still meet eligibility and admissibility requirements and complete the required process.

The Ninth Circuit paused an earlier registration order

Ivannikov’s case follows a separate challenge brought by Red Eagle Law. On October 14, 2026, U.S. District Judge Jinsook Ohta of the Southern District of California issued a preliminary injunction in Red Eagle Law, L.C. v. Rubio. The order required the State Department to announce dates, open registration and process selected applicants.

The government appealed and sought an emergency stay. On October 29, 2026, a three-judge Ninth Circuit panel paused the injunction while the appeal proceeds. The panel found Red Eagle had not shown a likelihood of success on the merits, concluding the firm’s financial interest in representing applicants fell outside the statute’s protected interests.

“We do not endorse the Department’s failure to open the lottery registration period.”

The panel also said Red Eagle lacked a cause of action. Judge N. Randy Smith separately concluded the firm did not have constitutional standing. The stay suspends the earlier deadlines while the appeal continues; it did not finally decide whether the department’s delay was lawful.

The Ninth Circuit said its clerk would issue a briefing schedule for the appeal. The earlier order therefore does not provide a schedule entrants can rely on now.

Entrants must watch for the State Department’s instructions

As of November 2, 2026, DV-2027 registration remained closed, with no confirmed replacement opening date. Registration remained closed as of November 2, 2026, while the government’s appeal proceeded.

The department identifies the 2027 visa application period as October 1, 2026, through September 30, 2027. That is the period in which selected applicants must pursue their cases, not an announced entry window. The department’s designated E-DV system accepts entries during the published registration period; late entries and paper applications are not accepted.

The entry process also changed. A $1 fee applies, and a rule requiring most entrants to provide passport details took effect April 10, 2026. Prospective entrants can watch the State Department’s instructions for the registration announcement and entry requirements.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.