Ninth Circuit Pauses DV-2027 Lottery Opening; Registration Closed

The DV-2027 Diversity Visa lottery did not open on November 1, 2026, after the U.S. Court of Appeals for the Ninth Circuit temporarily blocked a lower-court order requiring the State Department to begin registration.

As of November 2, 2026, there is no new official registration date. The appeal remains pending, and a separate lawsuit filed by a prospective lottery entrant has not yet produced an order reopening the program.

What Did the Ninth Circuit Decide?

On October 29, 2026, the Ninth Circuit granted the government’s request to stay—or temporarily suspend—a preliminary injunction issued by U.S. District Judge Jinsook Ohta.

The district court had ordered the State Department to:

The Ninth Circuit did not approve or endorse the State Department’s failure to open registration. Instead, it concluded that Red Eagle Law—the law firm that filed the case—was unlikely to succeed because its business interest in representing future DV clients was outside the interests protected by the Diversity Visa statute. One judge separately concluded that the firm also lacked constitutional standing. (govinfo.gov)

This means the appeals court focused primarily on whether the law firm was entitled to bring the claim, not on a final determination that the State Department may lawfully discontinue DV-2027.

Does the Ruling Cancel DV-2027 Permanently?

No. The October 29 decision stays the preliminary injunction while the appeal continues; it is not a final judgment permanently terminating DV-2027.

The district court had previously found that the State Department likely acted unlawfully by effectively canceling the program without explaining why its November 2025 postponement became an indefinite suspension. The Ninth Circuit’s stay prevents enforcement of that ruling for now. (govinfo.gov)

A separate case may also affect what happens next. On November 1, 2026, an individual prospective entrant filed Ivannikov v. Rubio in the U.S. District Court for the Central District of California. Unlike Red Eagle Law, the new plaintiff reportedly intends to enter the DV lottery personally, potentially addressing the Ninth Circuit’s concern that the earlier case was brought only by a law firm. However, the new case has not yet resulted in an injunction or registration order. (amoledo.com)

What This Means for F-1 Students and Other Visa Holders

Eligible F-1 students, OPT or STEM OPT participants, H-1B workers and other nonimmigrants cannot submit a DV-2027 entry while registration remains closed.

If registration eventually opens, a person may generally enter from inside the United States if they meet the applicable country-of-chargeability, education or work-experience requirements. Entering the lottery does not itself:

• Change or extend F-1 or another nonimmigrant status;
• Provide CPT, OPT or other employment authorization;
• Guarantee selection or permanent residence; or
• Permit someone to remain in the United States after their current authorized stay expires.

The State Department has not published final DV-2027 instructions or an official DV-2027 eligible-country list. India, China, Pakistan, the Philippines, South Korea and several other countries were ineligible for DV-2026, although limited alternate-chargeability rules applied in certain cases involving a spouse’s or parent’s country of birth. Eligibility is calculated annually, so applicants should wait for the official DV-2027 instructions rather than assuming the previous list will remain identical. (travel.state.gov)

What Should Prospective DV-2027 Applicants Do Now?

Prospective entrants should monitor the State Department’s official Diversity Visa pages and wait for a confirmed government announcement.

Do not pay a website or agent claiming to accept an “early” DV-2027 application. Unless and until the State Department opens the official portal, no third party can submit a valid entry or guarantee selection.

Applicants should also understand that the registration dispute is separate from the State Department’s August 31, 2026 guidance pausing Diversity Visa issuances while it reviews screening and vetting procedures. Reopening registration would not automatically resolve that separate issuance policy. (travel.state.gov)

For background on the original district-court ruling and its proposed registration schedule, see Day1CPT.org’s earlier report on the DV-2027 green card lottery court order.

Frequently Asked Questions

Is the DV-2027 green card lottery open now?

No. As of November 2, 2026, DV-2027 registration remains closed. The Ninth Circuit suspended the lower-court order that would have required registration to open on November 1.

Did the Ninth Circuit rule that the State Department may cancel DV-2027?

Not conclusively. The court granted a temporary stay based on legal problems involving the plaintiff’s ability to bring the case. The underlying appeal and litigation over the State Department’s actions remain unresolved.

Can an F-1 student enter the Diversity Visa lottery?

Yes, an F-1 student may generally enter if registration opens and the student meets the applicable DV eligibility requirements. Entering does not provide work authorization, extend F-1 status or guarantee a green card.

Are people born in India eligible for DV-2027?

The official DV-2027 country list has not been published. India was ineligible for DV-2026, but eligibility is recalculated annually. Some applicants may also qualify through limited alternate-chargeability rules involving a spouse or parent.

What happens next in the DV-2027 litigation?

The government’s appeal of the preliminary injunction will continue in the Ninth Circuit. The newly filed Ivannikov v. Rubio case may create another path for prospective applicants to seek relief, but no court has yet ordered registration to open under that case.

Sources:

• Ninth Circuit order granting a stay in Red Eagle Law, L.C. v. Rubio
• District court order granting the DV-2027 preliminary injunction
• U.S. Department of State notice on changes to the DV-2027 entry period
• U.S. Department of State Diversity Visa issuance guidance
• Official DV-2026 instructions and eligible-country information
• Federal docket for Ivannikov v. Rubio
• Times of India report on the DV-2027 appeals court stay