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Department of State Announces Compliance with Court Order Ending Diversity Visa Issuance Pause

By Michael Eisenstadt on September 10, 2026
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Table of Contents

  • Background
  • The Litigation
  • DOS Compliance with the Court Order
  • Implications for DV-2026 Selectees
  • Looking Ahead
  • Conclusion

On Aug. 31, 2026, the U.S. Department of State (DOS) announced that it is once again issuing Diversity Immigrant Visas (DVs), following a federal court order in Medani et al. v. Trump et al. that halted the government’s December 2025 suspension of visa issuance under the Diversity Visa (DV) program. According to DOS, the pause officially ended on Aug. 28, 2026, and diversity visa processing has resumed.

Link to Background Background

The DV Program, commonly known as the “green card lottery,” is administered by DOS and makes up to 55,000 immigrant visas available each fiscal year to individuals from countries with historically low rates of immigration to the United States. Individuals are selected through a random lottery process, but selection does not guarantee a visa; applicants must still meet all statutory eligibility requirements and complete immigrant visa processing before the end of the fiscal year for which they were selected.

On Dec. 23, 2025, the DOS announced the diversity visa issuance pause. At that time, DOS stated that it would continue to accept diversity visa applications and conduct immigrant visa interviews, but would not issue diversity visas while it reviewed the program’s screening and vetting procedures. DOS explained that the review was intended to address perceived vulnerabilities in the program and develop an enhanced screening process to ensure that DV applicants would be adequately vetted for identity, eligibility, and national security concerns.

The pause created uncertainty for Fiscal Year 2026 diversity visa selectees. Unlike most immigrant visa categories, diversity visas are subject to a strict statutory deadline. Individuals selected in the lottery must complete visa processing and receive their immigrant visas during the fiscal year for which they were selected. Any unused visa numbers expire at the end of that fiscal year (Sept. 30) and generally cannot be carried forward.

Link to The Litigation The Litigation

The suspension was challenged in federal court in Medani et al. v. Trump No. 5:26-cv-06332-EJD (N.D. Cal. Aug. 28, 2026), a case filed on behalf of hundreds of DV-2026 selectees and their family members. The plaintiffs argued that the government’s policies unlawfully prevented adjudication of diversity visa applications and jeopardized their ability to receive visas before the close of Fiscal Year 2026.

On Aug. 28, 2026, the district court preliminarily enjoined the government’s visa-freeze policies, finding that the challenged actions were likely arbitrary and capricious. In its ruling, the court emphasized the unusually time-sensitive nature of the DV program. Noting that a selectee generally must receive the visa by Sept. 30 of the relevant fiscal year or lose eligibility for that fiscal year, the court recognized that delay may have consequences that cannot be cured simply by allowing an application to remain pending.

As such, in the court’s view, the DOS directive did more than provide internal case-management guidance: it compelled a particular outcome for covered class of applicants without an individualized determination under the ordinary statutory framework. The court ordered the government to resume processing and adjudicating diversity visa applications.

Link to DOS Compliance with the Court Order DOS Compliance with the Court Order

In response to the court’s order, DOS updated its public guidance announcing that “[a]s of August 28, 2026, in accordance with the Court’s order in Medani et al. v. Trump et al., the December 2025 pause of diversity visa issuance is no longer in effect.” DV applicants may now continue to apply, attend interviews, and receive immigrant visas if otherwise eligible. DOS has not announced any new restrictions or exceptions associated with the resumption of issuance.

Link to Implications for DV-2026 Selectees Implications for DV-2026 Selectees

The resumption of visa issuance provides a critical opportunity for Fiscal Year 2026 selectees, many of whom have only a limited amount of time remaining to complete processing. Diversity visas for FY 2026 must generally be issued by Sept. 30, 2026, the end of the federal fiscal year. Applicants who do not obtain their visas by that date risk losing their opportunity permanently, regardless of whether they were selected in the lottery.

As a practical matter, affected applicants may wish to confirm that all required documentation, medical examinations, and interview requirements are completed as quickly as possible. While the court order restored visa adjudications, it did not extend the statutory fiscal-year deadline governing diversity visa availability.

Link to Looking Ahead Looking Ahead

A further status conference in Medani is reportedly scheduled for Sept. 18, 2026, during which the court may receive updates regarding adjudication efforts and determine the next steps in the litigation.

Link to Conclusion Conclusion

Although the decision restores a pathway to permanent residence for thousands of selectees, the approaching Sept. 30, 2026, fiscal-year deadline means that affected applicants may wish to act quickly to complete processing before available visa numbers expire.

Photo of Michael Eisenstadt Michael Eisenstadt

Michael Eisenstadt is a member of the Immigration & Compliance Practice in Greenberg Traurig’s Atlanta office. He has experience managing corporate immigration accounts including Fortune 100 companies. Throughout his career, Michael has partnered with clients regarding the development and implementation of immigration policies…

Michael Eisenstadt is a member of the Immigration & Compliance Practice in Greenberg Traurig’s Atlanta office. He has experience managing corporate immigration accounts including Fortune 100 companies. Throughout his career, Michael has partnered with clients regarding the development and implementation of immigration policies and procedures, immigration best practices, immigration planning, and compliance (I-9) matters. He handles the full range of immigrant and nonimmigrant employment-based matters, including H-1B, L-1, E-1/E-2, TN, O-1, as well as labor certification, multinational manager, extraordinary ability and national interest waiver petitions, investor (EB-5) green cards, adjustment of status, consular processing, and other employment-based immigration matters.

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  • Posted in:
    Immigration
  • Blog:
    EB-5 Insights
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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