U.S. District Judge Jinsook Ohta ordered the State Department to open DV Lottery 2027 registration by midnight Eastern time Thursday, restoring a process that had not been announced for the fiscal 2027 Diversity Visa lottery. The ruling came after Red Eagle Law sued Secretary of State Marco Rubio over the department’s failure to set a registration period.
The order covers the Diversity Visa lottery, also known as the green card lottery, a program that makes up to 55,000 immigrant visas available annually. Ohta said the State Department must publicly announce the opening through its customary public channels, including the Federal Register, and keep registration open for at least 30 days.
Jinsook Ohta and the State Department
Ohta granted Red Eagle Law a preliminary injunction on Wednesday and ruled from the bench that the department’s inaction was likely unlawful. She said the firm had standing to challenge the failure to act, that its interests fell within the “zone of interests” protected by the Immigration and Nationality Act, and that its interests aligned with those of prospective lottery applicants.
The judge also said Red Eagle was likely to prevail on its claim under the Administrative Procedure Act. Without an entry period, no applicants could be selected for the lottery, and Ohta said the suspension and effective cancellation would be arbitrary and capricious government action.
DV-2027 lottery registration
The ruling sets out the next steps in plain terms for prospective applicants: the State Department must announce the registration period, open it by midnight Eastern time Thursday, and then process entries under its usual procedures. That process continues until the 55,000-visa limit is reached or Sept. 30, 2027, whichever comes first.
The order does not change the program’s eligibility rules. Applicants selected in the lottery still must meet the program’s requirements and complete the immigration process before they can receive visas.
Red Eagle Law and future steps
Red Eagle Law, a California immigration law firm, brought the case after the State Department failed to announce a registration period for the DV-2027 lottery. Kishor Panthi, founder and editor-in-chief of Khasokhas and NepYork, is among the people tied to the broader public debate around the case.
The immediate question now is whether the State Department will open registration through the Federal Register by the Thursday deadline and keep it open for the full 30-day minimum. After that, the department’s usual entry process will determine how quickly the 55,000-visa cap is approached.
