Judge Orders State Department to Reopen Visa Lottery
The federal court ruled that the government must restart the delayed 2027 diversity visa registration program.
Updated on Oct. 15, 2026 in Immigration
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A federal judge has ordered the U.S. Department of State to reopen the 2027 diversity visa lottery following a lawsuit over delayed registration. The program, which offers a pathway to permanent residency, must now accept entries for a 30-day period.
Why it matters
The court determined that the State Department failure to launch the program on time resulted in a de facto cancellation of the statutory program. This ruling restores the opportunity for thousands to apply for permanent U.S. residency.
The diversity visa program provides up to 55,000 permanent residency spots annually and was originally established in 1990. The court mandates a 30-day electronic entry window to ensure all eligible applicants can participate.
The players
Jinsook Ohta
Jinsook Ohta is a U.S. District Judge serving in the Southern District of California who presided over this case.
Marco Rubio
Marco Rubio is the Secretary of State and the primary defendant in the lawsuit brought by Red Eagle Law.
Red Eagle Law
Red Eagle Law is the legal organization that initiated the lawsuit against the government to restore the visa lottery.
The details
U.S. District Judge Jinsook Ohta issued the preliminary injunction in San Diego after Red Eagle Law sued Secretary of State Marco Rubio in August 2026. The government is now required to process applications until all visas are issued or the 2027 fiscal year concludes in September 2027.
Timeline
August 2026: Red Eagle Law filed a lawsuit against the Secretary of State.
October 14, 2026: Judge Ohta ordered the reopening of the visa lottery.
October 15, 2026: Deadline for the State Department to announce registration dates.
September 2027: The end of the fiscal year for final visa processing.
Political Context
Opponents of the diversity visa program frequently argue that the lottery should be replaced by a merit-based system that prioritizes specific professional skills. This perspective maintains that the government should focus on economic productivity rather than randomized selection processes.
Prospective applicants should prepare their electronic entry materials immediately to ensure they are ready for the upcoming 30-day registration window. The court ruling mandates that the State Department facilitate this process through official Federal Register notifications.
The takeaway
This ruling highlights the judiciary's role in enforcing statutory timelines for executive branch programs. Applicants are encouraged to monitor official government channels closely to ensure they do not miss the court-mandated registration window.
What happens next
The U.S. Department of State must announce the new 30-day registration window by October 15, 2026.
Further reading
For more on federal programs, visit the Immigration section.
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Should federal courts order the government to maintain visa programs that current administrations oppose?
