Visa Lottery 2027: What the Court Ordered and Next Steps

Published October 22, 2026

A federal court ordered the State Department to open registration for the fiscal year 2027 visa lottery, which had been stalled for months. However, the news raised as much hope as confusion. For that reason it is worth saying up front: as of this article's publication, registration was not yet open.

In brief: what is known about the 2027 visa lottery

On October 14, 2026, federal judge Jinsook Ohta, of the U.S. District Court for the Southern District of California, ordered the State Department to restart the program.
The case is Red Eagle Law, L.C. v. Rubio, number 26-cv-4738-JO-VET. The court granted a preliminary injunction.
According to press reports, the court later approved a revised schedule at the parties' joint request: official announcement by October 29 and registration opening by November 1, 2026.
The registration period must last 30 days.
As of October 22, 2026, the State Department's official site had not yet published the 2027 program instructions.
In addition, the program offers up to 55,000 immigrant visas per year.
Entering is free. The official site is dvprogram.state.gov.
One entry per person per fiscal year. If more than one is submitted, the regulation provides that all of them are void.
Being selected does not guarantee a visa or permanent residence.

Careful: this is a moving picture. The dates have already changed once and may change again. Before entering, always check the official site.

What did the court order about the visa lottery?

Specifically, the court ordered the State Department to restart the diversity visa program for fiscal year 2027. Specifically, it must publicly announce the registration period, open it, keep it open for thirty days, and then continue with selection and processing under the law.

Likewise, the order sets a limit on processing: until the fiscal year 2027 allocation is exhausted or until September 30, 2027, whichever comes first. According to press reports, the judge concluded the government had likely acted "arbitrarily and capriciously" by failing to start the process.

Why was the visa lottery stalled?

Because the State Department did not open registration on its usual schedule. In normal years, the period is announced around the start of autumn. However, for fiscal year 2027 the announcement never came, and the program sat paused with no public date.

That delay is what prompted the lawsuit. According to press reports, the judge concluded the government had likely acted "arbitrarily and capriciously" by failing to begin the process the law contemplates.

Now, it is worth being precise about what we do not know. The documents we reviewed do not detail the reasons the government gave for the delay, because the basis for the decision stayed in the hearing record rather than the written order.

Note: a court order does not close the case. It is a preliminary injunction, so the litigation remains open.

Can you enter the visa lottery yet?

Not yet, and this is the most important point in the article. It is worth insisting on it. The court order requires the government to open registration. However, opening it is an act that belongs to the State Department. As of October 22, 2026, its official site still showed only information from prior years.

Therefore, any page offering today to enter you in the 2027 program is not using the official system. Rather, the right move is to wait for the formal announcement, which under the revised schedule should come by October 29.

Important: entries are submitted only at dvprogram.state.gov. No other site can send your entry to the government.

What are the dates for the 2027 visa lottery?

There are two schedules. For that reason it helps to know both, since they explain the confusion going around. The October 14 order set certain dates. Afterward, the parties jointly requested a more generous timeline, which the court approved.

Official announcement. October 14 order: by October 15, 2026. Revised schedule: by October 29, 2026.
Registration opens. October 14 order: by October 18, 2026. Revised schedule: by November 1, 2026.
Length of the period. Thirty days under both schedules.
Notice to selectees. October 14 order: by November 19, 2026. Not specified in reports for the revised schedule.

Sources: court order of October 14, 2026 in Red Eagle Law, L.C. v. Rubio, and press reports on the revised schedule. Verified October 22, 2026.

Note: the revised schedule comes from press reports, not from the court document we link. Until the State Department publishes its notice, no date is final.

What is the visa lottery and how many visas does it offer?

It is the diversity visa program. Specifically, immigration law created it for people from countries with low rates of immigration to the United States. Moreover, it offers up to 55,000 immigrant visas per year, leading to permanent residence, known as a green card.

Now, the procedure differs from other paths. Qualifying entries receive a number by region, and a computer rank-orders them at random. Then the department selects, by region, a quantity estimated as sufficient to use all available visas.

In fact, more people are always selected than will receive visas. That is one reason a selection does not equal a green card.

Who can enter the visa lottery?

There are two basic requirements. Moreover, both must be met. Federal regulation sets them out in title 22, section 42.33.

Eligible country of birth. Being a native of a country treated as low-admission that year. The list is determined each fiscal year, so a country eligible one year may not be eligible the next.
Education or experience. Having at least a high school education or its equivalent. Failing that, two years of work experience within the last five years, in an occupation requiring at least two years of training or experience.

Source: 22 C.F.R. § 42.33. Verified October 22, 2026.

Now, meeting these two requirements allows you to enter, not to obtain the visa. A full process with further requirements comes later, and that is where many cases get complicated.

How much does it cost to enter the visa lottery?

Nothing. Indeed, the State Department states expressly that the online entry application "is easy and free." That is, there is no charge whatsoever for submitting an entry to the program.

For that reason it is worth distrusting any site or person charging to enter you. The State Department itself warns that some websites and emails "attempt to mislead customers, posing as providers of official U.S. government information."

Careful: every year, the lottery announcement brings a wave of scams. For instance, they promise "guaranteed registration," or they notify you that you "won" and request a payment. The government does not charge for participation.

What mistake can void your entry?

Submitting more than one entry. For that reason the regulation is blunt: no more than one petition may be submitted by, or on behalf of, any person in a single fiscal year, and if more than one is submitted, all of them are void and the person is ineligible that year.

Likewise, this error is more common than it sounds. Sometimes a relative enters the person "just in case" without telling them, and that second entry ruins both. So it is worth agreeing within the family on who does what before the period opens.

Does being selected guarantee permanent residence?

No. Still, it bears repeating, because it is the source of many disappointments. That is, selection only gives the right to apply, within a deadline and with a case number. A full process follows, reviewing each person's eligibility and admissibility.

Therefore, there is a strict time limit. Specifically, anyone selected must obtain the visa or adjust status before the end of the corresponding fiscal year. If that deadline passes, the selection loses its value.

In fact, that second stage is where legal advice makes the difference, especially for someone with prior entries, a record, or an open immigration case.

What do we recommend about the 2027 visa lottery?

We recommend three things. First, do not enter through any site other than the official one, and do not pay to do it. Second, check early whether you meet both requirements, because an error there costs the whole year. And third, if you are selected, seek advice before starting the process.

At our firm, the review of your case happens in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to analyze your file thoroughly and tell you honestly what legal alternatives exist in your situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.

You may also want to review our services for family petitions and our article on tourist visa revocations affecting asylum applicants.

Frequently asked questions about the visa lottery

Has the 2027 visa lottery opened?

As of October 22, 2026 it had still not opened. Under the revised schedule, it should open by November 1, 2026, with an official announcement by October 29. Always check the State Department site.

How much does it cost to enter?

Nothing. Besides, entry is free and is submitted only at dvprogram.state.gov. Any site charging to send your entry is not official.

Can I enter twice to improve my chances?

No. The regulation allows one entry per person per fiscal year. If more than one is submitted, all of them are void and the person is ineligible that year.

What if my country is not on the list?

Then you cannot enter that year through your own country of birth. Now, the regulation contemplates situations where a person may be charged to a spouse's or a parent's country, which is worth reviewing case by case.

If I am selected, do I have the green card?

No. Selection allows you to apply. However, the later process evaluates eligibility and admissibility. In addition, there is a strict deadline: the case must be completed before the end of the corresponding fiscal year.

Where can I verify the official information?

On the State Department site and the entry portal, which we link at the end. Indeed, those are the only sources that confirm dates and instructions.

Conclusion

The court order is good news for many families. Indeed, that is worth recognizing. Even so, the visa lottery has not opened yet, and the rush is exactly what scams exploit every year.

Therefore, the most useful thing you can do this week is simple. First, check whether you meet both requirements. Then bookmark the official site and wait for the formal announcement. It is important that you know your real options, because the lottery is only one of several paths to residence.

If you need help with an immigration matter, contact us. In addition, we handle cases worldwide from our office in Miami, Florida. Finally, we are here to advise you and review your specific situation.

See also our frequently asked questions and the other updates on our blog.

Visa Lottery 2027: What the Court Ordered and What Comes Next