Judge Orders the State Department to Open the 2027 Visa Lottery
A federal judge in San Diego on October 14 ordered the State Department to announce fiscal year 2027 Diversity Visa registration by midnight Eastern on October 15, open a 30-day entry window by midnight Eastern on October 18, and process selectees through September 30, 2027 or until the annual allocation is used.
A federal judge in San Diego on Wednesday ordered the State Department to open the fiscal year 2027 Diversity Visa Program, the lottery that offers up to about 55,000 immigrant visas a year to people from countries with historically low immigration to the United States. Judge Jinsook Ohta of the Southern District of California granted a preliminary injunction in a suit by Red Eagle Law, a Southern California firm that helps people enter the lottery.
Why it matters: the department did not open registration on its usual schedule, and the government argued in court that it was too late to do so. The order sets fixed deadlines. The department must announce the registration period on its visas-news page by midnight Eastern on October 15, open electronic registration by midnight Eastern on October 18 for thirty days, notify those selected by midnight Eastern on November 19, and process applications until the year's visas are used up or September 30, 2027. Red Eagle's founder said he had filed a joint motion to push one deadline back; any change would need a new order.
The hopeful detail: the order keeps the 2027 lottery on the calendar.
San Diego — U.S. District Judge Jinsook Ohta on Wednesday ordered the State Department to announce and open the fiscal year 2027 Diversity Visa lottery on fixed deadlines.
The case is *Red Eagle Law, L.C. v. Rubio*, No. 26-cv-4738-JO-VET, in the Southern District of California. The defendant is Marco Rubio in his official capacity as secretary of state. Red Eagle Law, a Southern California immigration firm that helps people enter the lottery, sought the preliminary injunction. "We have judges here to make sure they follow the law," Curtis Morrison, the firm's founder and owner, said after the ruling.
What the Diversity Visa Program is
Congress created the diversity visa system in the Immigration Act of 1990. Each fiscal year, the State Department runs a free electronic lottery for people from countries that have sent relatively few immigrants to the United States in recent years. Winners who meet the education or work requirements and clear screening may receive an immigrant visa — a path to permanent residence. The annual numerical limit is commonly described as up to 55,000 visas.
In ordinary years the department publishes the registration window on its visas-news page and opens an electronic form for several weeks in the autumn. Entrants submit one free entry; a computer later selects a pool of people who may then apply for a visa number. Selection is not a visa. Applicants still face interviews, medical checks and security screening, and unused numbers expire at the end of the fiscal year on September 30.
The department did not open registration for the 2027 cycle on its usual schedule, and the government argued in court that it was then too late to start. Red Eagle sued in August, arguing that the delay amounted to canceling the program.
What the court ordered
In a two-page order, Ohta granted Red Eagle's motion and directed Rubio and the Department of State as follows:
1. By midnight Eastern Time on October 15, 2026, publicly announce on the department's visas-news web page the registration period for the fiscal year 2027 program, including opening and closing dates, the entry website, and participation requirements, and spread the same information through the department's usual channels, including the Federal Register. 2. Open registration by midnight Eastern Time on October 18, 2026, keep it open for thirty days, and accept electronic entries that meet the eligibility and documentation rules in the Immigration and Nationality Act and the diversity-visa regulations. 3. By midnight Eastern Time on November 19, 2026, notify selectees eligible to apply for a fiscal year 2027 diversity visa, and process and award applications under usual procedures until the year's allocation is exhausted or September 30, 2027, whichever comes first.
The court kept jurisdiction to enforce or modify the injunction.
A possible change to the dates
Morrison said he had filed a joint motion to push one of the deadlines back by two weeks to avoid operational problems. Any change to the dates would have to come in a later court order.
What it means in practice
For would-be entrants abroad, the injunction means the department must publish dates and open a thirty-day electronic window rather than leave the 2027 lottery dark. Entering the lottery is free; selection does not guarantee a visa. Applicants still must meet the statutory education or work test, pass security and medical checks, and receive a number before the fiscal year ends.
What happens next
The department must announce the dates and entry site on its visas-news page and in the Federal Register. The government may appeal or seek to modify the injunction. Ohta's order remains in force unless a higher court or a later order changes it.