The Ninth Circuit Court of Appeals in the United States has put a temporary halt to a court order that required the Trump administration to reopen the 2027 Diversity Visa Lottery (DV-2027). As a result, there is currently no confirmed date for when applications will begin.
This decision, issued on October 29, grants an emergency stay to the State Department, led by Marco Rubio, as the federal government processes its appeal.
The ruling suspends deadlines set by a California judge, who had mandated that the application period be announced on Thursday, registration opened on Sunday, November 1, and selected applicants notified by December 3.
With these deadlines now on hold, the program is not accepting new applications, and no official reopening date is available.
The legal battle arose from the delay in opening the 2027 Visa Lottery registration, which had remained unresolved since November 2025. At that time, the State Department announced changes to the application process. In December of that year, Kristi Noem, then Secretary of Homeland Security, instructed the United States Citizenship and Immigration Services (USCIS) to halt processing related to the DV1 program.
On August 31, 2026, the State Department announced another suspension of diversity visa issuance after a court order nullified the pause imposed since December 2025. This measure is related to issuing visas and is separate from the delay in opening DV-2027 applications, which sparked the judicial dispute.
Reasons Behind Suspending the Reopening Order
The legal dispute began in August 2026 when the immigration law firm Red Eagle Law sued the State Department for keeping the program's registration closed.
On October 14, federal judge Jinsook Ohta had ordered the lottery to be reactivated, which prompted an appeal from the government.
Now, the Ninth Circuit has determined that Red Eagle Law is unlikely to succeed in its lawsuit, as its financial interests are not protected by the laws governing the Visa Lottery. The judges emphasized that the program is intended to promote immigration from specific countries, not to generate revenue for law firms.
However, the court clarified that its decision does not endorse the government's choice to keep the registration closed.
"We do not support the Department [of State]'s failure to open the lottery registration period," the judges stated.
The ruling also does not make a final determination on whether the Trump administration acted lawfully in halting the program.
Implications for Cuban Nationals
The Diversity Visa Lottery allows up to 55,000 immigrant visas annually to people from countries with low immigration rates to the United States.
However, individuals born in Cuba were excluded from the DV-2026 program because the country exceeded the 50,000 immigrant cap during the five-year period used to assess eligibility.
For DV-2027, the State Department has not yet released definitive instructions on which countries will be eligible, so Cuba's exclusion from this new draw should not be assumed.
The official Visa Lottery website remains the only authorized platform to submit applications when registration becomes available.
Currently, the Ninth Circuit's decision suspends the reopening order as the judicial appeal continues. The future of the DV-2027 program remains unresolved.
Key Questions About the 2027 Visa Lottery Suspension
Why was the reopening of the 2027 Visa Lottery suspended?
The suspension occurred because the Ninth Circuit Court determined that the law firm Red Eagle Law had little chance of succeeding in its lawsuit, as their financial interests are not protected by the Visa Lottery's regulations.
What is the current status of the 2027 Visa Lottery program?
The program remains on hold with no official date set for reopening, as the appellate process is still underway.
Could Cuba be included in the DV-2027 program?
While Cuba was excluded from the DV-2026 program, the State Department has not confirmed which countries will be eligible for DV-2027, so Cuba's participation is still uncertain.