Appeals Court Blocks Diversity Visa Lottery Reopening
A federal appellate court overturned a ruling that previously ordered the government to restore the DV-2027 program.
Updated on Oct. 30, 2026 in Immigration
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The Ninth US Circuit Court of Appeals has blocked a federal order that would have forced the State Department to reopen the DV-2027 Diversity Visa lottery. The court ruled that the law firm behind the original challenge lacked the legal standing necessary to pursue the litigation.
Why it matters
The appeals court emphasized that the Diversity Visa Program exists to encourage immigration rather than to generate revenue for law firms. Meanwhile, Representative Keith Self has introduced new legislation aimed at permanently eliminating the diversity visa category altogether.
The Ninth US Circuit Court of Appeals ruled that the law firm behind the challenge lacked standing, overturning a lower court injunction. Representative Keith Self introduced legislation on October 22, 2026, seeking to permanently abolish the diversity visa.
The players
Ninth US Circuit Court of Appeals
This is a federal appellate court that hears appeals from the district courts located within its jurisdiction.
Keith Self
He is a U.S. Representative who has introduced legislation to permanently end the diversity visa category.
State Department
This federal executive department is responsible for the administration of the Diversity Visa program and broader international immigration policy.
The details
Applicants for permanent residence are now required to use the 09/18/26 edition of Form I-485, which includes mandatory disclosures regarding the prior use of means-tested public benefits. Additionally, EB-5 investor visa filing fees are set to rise by a weighted average of 70.7 percent beginning November 30, 2026, affecting approximately 16,600 annual filings.
Timeline
The State Department suspended the DV-2027 programme in December 2025.
A California federal court issued an injunction to reopen the lottery on October 14, 2026.
Representative Keith Self introduced legislation to eliminate the program on October 22, 2026.
The November 2026 Visa Bulletin advanced EB-2 employment dates to April 1, 2025.
EB-5 investor visa filing fees will increase on November 30, 2026.
Political Context
The current dispute over administrative visa lotteries and fee structures tests the limits of executive authority granted by the Immigration and Nationality Act of 1990. Opponents of the program, such as Representative Keith Self, argue that setting immigration policy and visa availability remains a core legislative responsibility of Congress rather than the judiciary.
EB-5 investors should prepare for significantly higher costs, as the fee for Form I-526 will rise to $7,615 and Form I-527 will debut at $10,330. Applicants adjusting status must ensure they use the correct 09/18/26 version of Form I-485 to avoid processing delays or rejections.
The takeaway
Potential immigrants should monitor for legislative updates as debates continue regarding the future of the diversity visa category. Investors should review their upcoming filing schedules to account for the substantial fee increases taking effect at the end of November.
Further reading
For more on the current status of visa programs, visit the United States Immigration section.
Source note: This article includes information reported by Tuko.co.ke - Kenya news..
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