The 9th Circuit Court of Appeals has stayed a lower court order that would have opened DV-2027 green card lottery registration, so it will not launch on November 1 as expected.

In short

  • On October 29–30, the 9th Circuit Court of Appeals stayed the order to open DV-2027 registration on November 1.
  • The ruling was issued on procedural standing grounds: the lawsuit was filed by a law firm, not a lottery participant.
  • The court did not find the lottery unlawful — the merits of the dispute were not addressed.
  • Under program rules, DV-2027 visas must be issued by fall 2027, and new litigation is unlikely to begin before the new year.
  • Any paid promise of a “guaranteed” lottery spot or a worker bound slot is fraud.

What happened on October 30 with the DV-2027 lottery

The District Court for the Southern District of California had ordered the government to announce registration on October 29 and open the DV-2027 lottery itself on November 1. Instead, right when officials were supposed to announce the registration launch, the 9th Circuit Court of Appeals issued a stay — freezing that lower court order.

Because of the stay, the government is no longer required to open registration on November 1. That means the registration process will not start that day, even though that is exactly what was expected after the district court’s ruling, and articles and guidance for applicants had already been published based on that expectation.

This information is current as of October 30: at this point, the order to open the lottery on November 1 has not taken effect, and the DV-2027 green card lottery will not open on November 1.

Lottery did not open

The appeals court stayed the order to open DV-2027 registration on November 1. As of October 30, the lottery had not launched, despite earlier expectations.

The district court order that the appeals court overturned

The district court order that the appeals court overturned

The District Court for the Southern District of California had ordered the government to announce registration on October 29 and open the DV-2027 lottery itself on November 1. It was precisely this order that the 9th Circuit Court of Appeals froze with its stay.

Why the appeals court paused the lottery launch

The appeals court — the 9th Circuit Court of Appeals — did not rule on whether the government is required to open the DV lottery on the merits of the dispute. It issued the stay on procedural grounds related to the plaintiff’s right to sue — so-called standing.

The lawsuit was filed not by an individual lottery applicant, but by a law firm — reportedly Red Eagle Law, led by Curtis Morrison. The court noted that the plaintiff was a company, not a person harmed by the failure to open registration — in other words, not a participant seeking to apply to the lottery. For this reason, the court concluded, the firm does not fall within the “zone of interests” of the rule being challenged — and therefore has no right to demand its enforcement in court.

The court noted that the plaintiff was a company, not a person harmed by the failure to open registration — in other words, not a participant seeking to apply to the lottery.

So the ruling does not answer the question of whether the lottery must open on November 1 — it only answers the question of who had the right to demand that in this particular case.

Appeals court proceedings on the plaintiff's standing to sue over opening the DV lottery
Not a ruling on the merits

The court did not decide whether the lottery must open. It only found that the plaintiff — a law firm, not a lottery participant — had no right to demand enforcement of the rule.

Is the DV program closed for good, and what happens next

The appeals court’s ruling does not mean the DV lottery is closed for good: the court did not find the process unlawful, it merely stopped this particular lawsuit on procedural grounds. Future lawsuits could succeed, and the government itself is fully capable of reopening the lottery on its own, without any court order.

In practice, quickly swapping in a new plaintiff and continuing the case is difficult: finding a new applicant with sufficient standing is not easy. The lottery only grants the right to register — it does not guarantee a visa or any other benefit — so the harm argument is weaker than in visa cases where an applicant is already entitled to something. The situation is further complicated by the fact that many potential lottery participants are outside the United States, which creates additional standing problems.

Even if the lawsuit is amended and new plaintiffs are found, the case is unlikely to reach rulings or further proceedings before the new year. This creates a real risk: under the program’s general rule, DV-2027 visas must be issued within the fiscal year for which the applicant was selected — that is, by fall 2027 — so the timeline is becoming extremely tight.

In theory, the lottery could still open later, but if that only happens through the courts, the chances of a full-fledged registration are slim. It’s a different story if the government itself decides to properly open the lottery and run it the same way as in previous years — it can do that at any moment. However, there are no signals so far that officials plan to do so.

What changed for DV-2027 after October 30

How the appeals court’s ruling changed the lottery’s status compared to the district court’s order.

  • Status of lottery opening on November 1
  • Outlook for further litigation
Clock is ticking

Under program rules, DV-2027 visas must be issued by fall 2027. If the case drags into the new year and beyond, there may not be enough time left for a full registration and visa issuance process.

What applicants who were preparing to register should do

Anyone who was already considering backup immigration options should keep working on them: the program is suspended indefinitely, and the chances that registration will proceed as normal are low. And if the case does move to a new round of litigation, the process will drag on while the timeline grows critical: visas under the program must be issued by fall 2027, and there’s less and less time left for that.

The second practical point is fraud risk. If anyone offers a “guaranteed” lottery spot or a “worker bound” slot for a fee, that is a scam. There is no legitimate workaround: if one existed, people would already be using it, and lawsuits to reinstate the program would not be necessary. Any promise to get into the program through a “back door” for money should be treated as fraud.

Any promise to get into the program through a “back door” for money should be treated as fraud.

Uncertain future for the DV-2027 program: caught between resuming registration and a prolonged stay
Backup plan

While registration remains suspended indefinitely, it’s worth working on other immigration options in parallel rather than waiting for the outcome of the litigation.

Frequently asked questions

Can you still apply for the DV-2027 lottery if registration opens later this year?

It depends on how the lottery ends up being opened. If registration launches by court order after a new round of litigation, the chances of a full-fledged registration are slim. But if the government itself decides to properly open the lottery and run it the same way as in previous years, it can do that at any moment — though there are no signals so far of such plans.

Can a new lawsuit be filed by an individual instead of a law firm to force the lottery open?

Formally yes, since the problem is precisely that the plaintiff was a company rather than a harmed lottery applicant. But quickly swapping in a new plaintiff and continuing the case is difficult: finding a new applicant with sufficient standing is not easy, especially since many potential lottery participants are outside the United States, which creates additional standing problems.