The U.S. diversity visa program, which had been frozen indefinitely since December 2025, received a temporary reprieve on August 28, 2026, when a federal court ordered USCIS to resume processing pending applications. However, the legal hold remains unsettled: litigation is ongoing, and the court's order is temporary, creating urgent but uncertain prospects for approximately 129,516 prospective applicants racing to meet the September 30, 2026 statutory deadline—one day from now.
The diversity visa program is an annual U.S. lottery that grants green cards to foreign nationals selected by random draw, typically numbering around 50,000 visas per fiscal year. The program has no employment or family sponsorship requirement, making it one of the few pathways for workers in countries with low immigration to the U.S.
Table of Contents
- What triggered the program's indefinite hold?
- How a federal court temporarily lifted the hold
- Who faces the September 30 deadline, and how many?
- What should applicants do immediately?
- The litigation remains unsettled, creating uncertainty
- Frequently Asked Questions
What triggered the program's indefinite hold?
USCIS issued a policy memorandum on December 19, 2025, directing all offices to cease final adjudication of adjustment of status applications for diversity visa applicants under Presidential Proclamation 10998. The hold was styled as indefinite, lifting only at the direction of the USCIS Director.
No public explanation accompanied the freeze, leaving applicants without clarity on the reasoning or duration. The hold affected both current-year diversity visa selectees and pending applicants from prior fiscal years, though the full scope of the backlog was never publicly disclosed. The pause disrupted applications for over eight months, during which selected applicants could not move forward with their green card applications despite having won the visa lottery.
How a federal court temporarily lifted the hold
A federal court in the Northern District of California temporarily vacated the USCIS diversity visa hold on August 28, 2026, in the case *Medani, et al. v. Trump* (Case No. 26-cv-6332). The court ordered USCIS to resume ordinary adjudication of pending adjustment of status applications without applying the December 2025 policy memorandum. The ruling established a certified class covering "all selectees and derivative beneficiaries under the FY-2026 Diversity Visa Program who are subject to the USCIS DV Hold." This order gave applicants just 33 days to obtain visas or adjust status before the fiscal year expired—an extraordinarily tight timeline for federal adjudication of complex immigration cases.
Who faces the September 30 deadline, and how many?
Approximately 129,516 prospective applicants (selectees plus spouses and children) registered for the DV-2026 program are eligible to apply, according to the State Department. This number does not account for applicants from prior fiscal years whose cases remain pending in the backlog created by the eight-month hold. The exact size of multi-year pending cases has not been publicly disclosed.
Diversity visas cannot carry forward to subsequent fiscal years—any selectee who does not obtain a visa or adjust status by September 30, 2026, loses the opportunity permanently. The combination of the court order's August 28 issuance, USCIS processing capacity, and the September 30 deadline has created a crisis for applicants attempting to finalize their status in 33 days.
What should applicants do immediately?
If you are a DV-2026 selectee or derivative beneficiary (spouse or child):
- **Check your case status** with USCIS using your receipt number at uscis.gov or by calling 1-800-375-5283. Confirm whether your case is under active adjudication or still pending.
- **Gather all documentation** your case may require—birth certificates, medical examinations, police clearances, and financial support affidavits—in case adjudication accelerates.
- **Contact an immigration attorney** if you have not already done so, particularly if your case has been pending for an extended time or involves complexities such as criminal history or visa ineligibility.
- **Do not wait to contact USCIS.** Each day lost narrows the window before the fiscal year expires.
The litigation remains unsettled, creating uncertainty
The underlying case *Medani v. Trump* remains active, and the court's order is temporary. If the government prevails in the full litigation, USCIS could reimpose the hold, potentially overturning final adjudications completed under the court order. This creates a scenario in which an applicant obtains approval after September 30 only to face revocation if the government wins on appeal.
Additionally, USCIS has implemented strengthened screening and vetting procedures for diversity visa applicants as part of broader national security initiatives, which may contribute to processing delays even with the court order in effect. The combination of procedural changes, backlog volume, and the one-day deadline creates a condition where even resumed adjudication may not process all pending cases in time.
Frequently Asked Questions
Can diversity visas be extended past September 30, 2026?
No. Diversity visas do not roll over to the next fiscal year. Any selectee who does not obtain a visa or adjust status by September 30, 2026, loses the visa permanently and cannot reapply in the future.
What happens if USCIS approves my case on October 1?
You will be out of status. The federal court's order is temporary, and if USCIS loses the underlying litigation, it may have the authority to rescind approvals issued after the September 30 deadline or while the court order was in effect.
Can I travel to the U.S. on a diversity visa after September 30?
No. The visa expires on September 30, 2026, and cannot be extended or renewed.