As of October 21, 2026, DV 2027 registration is under a federal court order: the State Department must announce the registration period by October 29, open it by November 1 for thirty days, and notify selectees by December 3, 2026 (Order granting preliminary injunction, Dkt. 21) (Order modifying injunction, Dkt. 23). The government filed a notice of appeal to the Ninth Circuit on October 19 and asked the district court to stay the injunction (CourtListener docket, Red Eagle Law, L.C. v. Rubio, entries 25 to 27).
For most readers of this site, the practical answer is short. Natives of India and of China (mainland and Hong Kong born) were not eligible for the last lottery, DV-2026 (DV-2026 instructions, 89 FR 79997). There are narrow exceptions, covered below.
- Judge Jinsook Ohta (S.D. Cal.) granted a preliminary injunction in Red Eagle Law, L.C. v. Rubio, No. 3:26-cv-04738, on October 14, 2026.
- Under the modified order, the State Department must announce DV-2027 registration by midnight EST on October 29, 2026.
- DV-2027 registration must open by midnight EST on November 1, 2026 and last thirty days.
- Selectees must be notified by midnight EST on December 3, 2026, and DV-2027 visas run only to September 30, 2027.
- The government filed a notice of appeal to the Ninth Circuit on October 19, 2026 (No. 26-6943) and asked the district court to stay the injunction.
- For DV-2026, natives of India and of China (mainland and Hong Kong born) were not eligible; natives of Taiwan and Macau SAR were.
What did the court order on DV 2027 registration?
The case is Red Eagle Law, L.C. v. Rubio, No. 3:26-cv-04738, in the Southern District of California, filed on August 19, 2026 by an immigration law firm against Secretary of State Marco Rubio (CourtListener docket) (Dkt. 24, p. 4). Judge Jinsook Ohta denied an earlier request for a temporary restraining order on September 3, 2026 and set a schedule for a preliminary injunction motion (Order denying TRO, Dkt. 12).
On October 14, 2026, she granted the preliminary injunction (Dkt. 21). The order requires the department to post the registration period on its visa news page, naming the opening and closing dates, the entry website and the participation requirements, and to publish the same information through its usual channels, including the Federal Register (Dkt. 21, para. 1). Registration must last thirty days, and entries must meet the existing statutory and regulatory requirements (Dkt. 21, para. 2). On processing, the order says:
"Defendant SHALL timely process and award their Diversity Visa applications in accordance with its usual procedures and standards, subject to applicable law, until the available Diversity Visa allocation for fiscal year 2027 is exhausted or September 30, 2027, whichever occurs first." Red Eagle Law, L.C. v. Rubio, No. 26-cv-4738 (S.D. Cal.), Dkt. 21, para. 3 (Oct. 14, 2026)
The original order set deadlines of October 15, October 18 and November 19. The same day, on a joint motion of both parties, the court moved them to October 29, November 1 and December 3, 2026, each at midnight EST (Dkt. 23).
Why did the judge order the lottery reopened?
The program normally runs well ahead of the visa year. Registration for DV-2025, for example, ran from October 4 to November 7, 2023 (Order granting preliminary injunction, Dkt. 24, p. 3, n. 3). For DV-2027, the State Department posted a notice on November 5, 2025 saying it was making changes to the entry process and would announce the registration start date "as soon as practicable," while keeping the visa application period of October 1, 2026 to September 30, 2027 (State Department, Changes to Entry Period for 2027 Diversity Visa Program, archived copy). Registration had still not opened when the court ruled (Dkt. 24, p. 4).
In a written opinion filed October 19, 2026, the court found that the firm had standing because the cancellation cost it Diversity Visa clients and revenue (Dkt. 24, pp. 9 to 11). On the merits:
"Because the State Department has provided no explanation for its actions, including whether it considered the reliance interests of those affected by its decision, the Court can only conclude that its suspension of the 2027 Diversity Visa Program was arbitrary and capricious." Red Eagle Law, L.C. v. Rubio, Dkt. 24, p. 18 (Oct. 19, 2026)
The court rejected the government's argument that it was too late to order the lottery because registration should already have happened, holding that the timing rules serve Congress's goal of issuing up to 55,000 Diversity Visas a year and do not let the department skip a year (Dkt. 24, pp. 22 to 26). It also rejected the argument that reopening the lottery would be an impermissible nationwide injunction, finding no narrower order could remedy the firm's injury (Dkt. 24, pp. 26 to 27).
Where does DV-2027 stand on October 21, 2026?
| Item | Document | Status on October 21, 2026 |
|---|---|---|
| Preliminary injunction | Dkt. 21 (Oct. 14) | In force |
| Announce registration period | Dkt. 23 | Due by midnight EST, Oct. 29 |
| Open registration (30 days) | Dkt. 23 | Due by midnight EST, Nov. 1 |
| Notify selectees | Dkt. 23 | Due by midnight EST, Dec. 3 |
| Last day to issue DV-2027 visas | Dkt. 21; statute | September 30, 2027 |
| Government appeal | 9th Cir. No. 26-6943 | Filed Oct. 19; pending |
| Motion to stay injunction | Dkt. 26 | Filed Oct. 19; no ruling on the docket |
| DV-2027 instructions | Federal Register | Not yet published |
Sources for the table: the two orders (Dkt. 21) (Dkt. 23), the docket entries for the appeal, the stay motion and the Ninth Circuit case number (CourtListener docket), and the court's statement of the fiscal year limit (Dkt. 24, p. 24). Newsweek also reported the October 19 appeal and stay motion in an October 21, 2026 article (Newsweek).
Will DV-2027 winners actually get visas?
That is a separate question from registration. In December 2025, the State Department paused Diversity Visa issuance. Its guidance, last updated December 23, 2025, said:
"Effective immediately, the Department of State has paused all visa issuances to diversity immigrant visa applicants." State Department, Diversity Visa Issuance Updated Guidance (last updated Dec. 23, 2025), as posted by AILA, Doc. No. 25122434
The department linked that pause to the shooting at Brown University and the killing of an MIT professor, and said it would review screening and vetting (same guidance). A version of the page last updated August 31, 2026, as posted by AILA, says that as of August 28, 2026, under the court's order in Medani et al. v. Trump et al., the December 2025 pause is no longer in effect (State Department guidance, Aug. 31, 2026, AILA Doc. No. 26090107). In the Red Eagle case, the government described the issuance pause as distinct from the registration question (Dkt. 24, p. 18, n. 10).
Nationality can also matter at the visa stage. Proclamation 10998 of December 16, 2025, effective January 1, 2026, fully or partially restricts the entry of nationals of a list of countries, and those restrictions apply to immigrants as well as nonimmigrants, subject to listed exceptions and case-by-case waivers (Proclamation 10998, 90 FR 59717).
The deadline is fixed by statute. Selectees remain eligible only through the end of their fiscal year, and the court said it cannot order visas issued after that (Dkt. 24, p. 24). The court also noted that in recent years the department has selected roughly 100,000 entrants for at most 55,000 visas, and that selection does not guarantee a visa (Dkt. 24, p. 3).
Can Indians and Chinese apply for DV 2027?
The DV-2027 country list has not been published; there is no DV-2027 instructions notice in the Federal Register yet. Each year, natives of countries that sent more than 50,000 family and employment immigrants to the US in the previous five years are excluded, and the list can change (DV-2026 instructions, FAQ 3). For DV-2026, the excluded list included India, Bangladesh, Pakistan, the People's Republic of China (including mainland and Hong Kong born), South Korea, the Philippines and Vietnam, while natives of Macau SAR and Taiwan were eligible (DV-2026 instructions).
Eligibility normally follows your country of birth, not where you live or your nationality (DV-2026 instructions). It is the same idea as your country of chargeability in the employment queues. The DV-2026 instructions describe two ways around an ineligible birth country (DV-2026 instructions):
- You can claim your spouse's country of birth if it is eligible, provided you are both named on the selected entry, are both issued diversity visas, and enter the US together.
- If you were born in a country where neither parent was born or legally resident at the time, you may claim a parent's country of birth if it is eligible.
Both rest on the general chargeability exceptions in the State Department's regulations (22 CFR 42.12(c) and (e)). Whether one fits your family is a question for your attorney.
What this means for you
If you or your spouse were born in an eligible country, prepare now. The State Department's final rule of March 11, 2026, effective April 10, 2026, requires each entrant to give valid, unexpired passport information and upload a scan of the passport's biographic and signature page, unless exempt, and the department said it would implement the rule with DV-2027 (Final rule, 91 FR 11891). The department estimated about 10 million entrants for DV-2027 (same rule). Only one entry per person is allowed in a fiscal year; two or more void all of them (22 CFR 42.33(a)(4)).
- Check that your passport is valid and unexpired, and keep a JPEG scan of the biographic and signature page no larger than 5 MB, the format the regulation requires (22 CFR 42.33(b)(3)).
- Wait for the official announcement on the State Department's visa news page, due by October 29 (Dkt. 21, para. 1) (Dkt. 23).
- Ignore anyone charging to "register" you. The government's registration fee is $1, collected when you submit your entry, with no waivers (Final rule, 90 FR 44524) (91 FR 11891) (22 CFR 42.33(i)). For DV-2026, Entrant Status Check was the only way selectees were notified (DV-2026 instructions).
- Keep your confirmation number; without it you cannot check your status (DV-2026 instructions).
If you were born in India or mainland China, the lottery is almost certainly not your route, and the realistic paths are the employment categories. See EB-1A and EB-2 NIW wait times for Indians, EB-1 and EB-2 wait times for China-born applicants, and the options for a green card without an employer sponsor.
Where to start
The free evaluation at /evaluate/ shows which employment-based routes, such as EB-1A, EB-2 NIW or O-1, fit your record if the lottery is not open to you. Frank finds real opportunities for the criteria you are still missing. When you are ready, petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- Order Granting the Motion for Preliminary Injunction, Red Eagle Law, L.C. v. Rubio, No. 26-cv-4738 (S.D. Cal.), Dkt. 21 (October 14, 2026). Terms of the injunction, original deadlines, processing language.
- Order Granting Joint Motion to Modify Injunction, Dkt. 23 (October 14, 2026). Revised deadlines of October 29, November 1 and December 3.
- Order Granting Motion for Preliminary Injunction (written opinion), Dkt. 24 (October 19, 2026). Background, standing, reasoning, fiscal year limit, issuance pause footnote.
- Order Denying Motion for Temporary Restraining Order, Dkt. 12 (September 3, 2026). Earlier TRO denial and briefing schedule.
- CourtListener docket, Red Eagle Law, L.C. v. Rubio, No. 3:26-cv-04738 (accessed October 21, 2026). Filing date, notice of appeal, stay motion, Ninth Circuit case number 26-6943.
- State Department, Changes to Entry Period for 2027 Diversity Visa (DV) Program, archived copy (last updated November 5, 2025). Postponement notice and DV-2027 visa period.
- State Department, Diversity Visa Issuance Updated Guidance, AILA Doc. No. 25122434 (last updated December 23, 2025). December 2025 issuance pause.
- State Department, Diversity Visa Issuance Updated Guidance, AILA Doc. No. 26090107 (last updated August 31, 2026). Statement that the December 2025 pause is no longer in effect under Medani v. Trump.
- Proclamation 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States, 90 FR 59717 (December 19, 2025). Full and partial entry restrictions that apply to immigrants, effective January 1, 2026.
- Diversity Visa Instructions for DV-2026, 89 FR 79997 (October 1, 2024). Ineligible countries, spouse and parent exceptions, notification method, confirmation number.
- Final rule, Visas: Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa Program, 91 FR 11891 (March 11, 2026). Passport requirement, effective date, DV-2027 implementation, entrant estimate, $1 fee with no waivers.
- Final rule, Schedule of Fees for Consular Services: Visa Services Fee Changes, 90 FR 44524 (September 16, 2025). $1 Diversity Visa lottery registration fee collected at the time of registration.
- 22 CFR 42.33, Diversity immigrants (eCFR) (current). One entry per fiscal year rule; passport scan format; registration fee collected at entry.
- 22 CFR 42.12, Rules of chargeability (eCFR) (current). Spouse and parent chargeability exceptions.
- Newsweek, "2027 Green Card Lottery Reopening Faces Appeal" (October 21, 2026). Secondary report of the appeal and stay motion.
Frequently asked questions
When does DV 2027 registration open?
Under the court's modified order of October 14, 2026, the State Department must open DV-2027 registration by midnight EST on November 1, 2026, and keep it open for thirty days. It must publicly announce the dates, the entry website and the rules by midnight EST on October 29, 2026. These are the latest dates allowed, and the government's appeal and stay request could still change them.
Can people born in India or China enter the DV-2027 lottery?
The DV-2027 eligible country list has not been published. For DV-2026, natives of India and of China, including mainland and Hong Kong born, were not eligible, while natives of Taiwan and Macau SAR were. A person born in an ineligible country could still enter by claiming a spouse's country of birth, or in limited cases a parent's, if that country is eligible.
Does the government's appeal stop the DV-2027 lottery?
Not by itself. The government filed a notice of appeal to the Ninth Circuit on October 19, 2026, and separately asked the district court to stay the injunction. Unless a court grants a stay, the injunction and its deadlines remain in force. As of October 21, 2026, the public docket showed no ruling on the stay request, so check the State Department's announcement before relying on any date.
Do I need a passport to enter DV-2027?
Yes, unless you qualify for an exemption. A State Department final rule published March 11, 2026 and effective April 10, 2026 requires entrants to give valid, unexpired passport information and upload a scan of the passport's biographic and signature page. The department said it is implementing the rule with the DV-2027 program, so entrants without a valid passport should act now.
If I am selected for DV-2027, how long do I have to get the visa?
Only until September 30, 2027. The court order requires processing until the fiscal year 2027 allocation is used up or September 30, 2027, whichever comes first, and the statute says selectees stay eligible only through the end of their fiscal year. With selectees notified by December 3, 2026 at the latest, that leaves under ten months instead of the usual window.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
