US Visa Lottery 2027: Why applicants may have to wait longer after court’s latest ruling

The earlier ruling had directed the State Department to reopen registration for the 2027 Diversity Visa Programme by Sunday, November 1. The latest decision is a setback for thousands of people waiting for the green card lottery to open. However, it does not mean the programme has been cancelled permanently. The government's appeal is still pending. Why was the US government taken to court? Red Eagle Law, a California-based immigration law firm that represents people selected in the Diversity Visa Lottery, filed a lawsuit against Secretary of State Marco Rubio in August.

The firm challenged the State Department's failure to open registration for the 2027 lottery. On October 14, a federal district court granted Red Eagle Law a preliminary injunction and directed the State Department to reopen the programme. Under that order, the department had to announce the registration period by October 29, start accepting applications by November 1 and inform selected applicants of their eligibility to apply by December 3.

However, the Trump administration challenged the ruling and asked the appeals court to put it on hold. On October 29, Circuit Judges M. Margaret McKeown, N. Randy Smith and Holly A. Thomas granted the government's request. Why did the appeals court block the reopening order? The appeals court said the government was likely to succeed in its appeal against Red Eagle Law. The judges said the law firm had not shown that it was likely to win the case because its financial interest in representing lottery applicants was not directly connected to the purpose of the programme.

"We do not endorse the Department’s failure to open the lottery registration period. Nevertheless, Red Eagle has not shown a likelihood of success on the merits because it is not within the zone of interests of the statute and does not have a cause of action," the court said. The judges also pointed out that the programme was created to encourage immigration, not to help law firms earn money. The court said the State Department had failed to explain why it had not opened registration for the 2027 lottery.

This had "effectively cancelled" the programme, it noted. Judge N. Randy Smith separately agreed with the decision and said Red Eagle Law also lacked the constitutional standing needed to bring the case. The appeals court's decision only puts the lower court's order on hold. The main appeal is yet to be decided. The court clerk will issue a schedule for the next steps in the appeal. Red Eagle Law plans further legal action Curtis Morrison, owner of Red Eagle Law, told Newsweek that the firm would continue its legal fight against the State Department.

"Red Eagle will be moving forward quickly with other litigation to challenge the State Department's failure to carry out the DV program," Morrison said. He also said the firm was looking for a non-US citizen currently living in the country on an F-1 student visa, H-1B work visa or another nonimmigrant visa who would be willing to become a plaintiff in a fresh case against the Trump administration.

The person would also need to be willing to challenge the government despite possible fears of retaliation. What is the US Diversity Visa Lottery? The programme was introduced following efforts by US lawmakers in the 1980s to give people from underrepresented countries more opportunities to move to the country. Congress made it a permanent programme through the Immigration Act of 1990. The law was signed by former Republican President George H.W.

Bush on November 29, 1990. Its main purpose was to encourage immigration from countries that had historically sent fewer immigrants to the US. The failure to open registration for the 2027 lottery could affect thousands of people across the world, particularly those from countries with historically low levels of immigration to the US. Without an opportunity to enter the lottery, eligible applicants lose a chance to pursue permanent residency through this route.

Trump's wider immigration crackdown The delay in reopening the green card lottery comes as the Trump administration has taken several steps to tighten legal immigration to the US. The administration has increased scrutiny of some green card applicants under the 'public charge' rule, introduced new or higher fees for asylum applications, work permits, parole and other immigration benefits, and pushed for tighter restrictions on the H-1B skilled-worker visa programme.

The latest court decision allows the administration to keep the Diversity Visa Lottery on hold for now, even as the legal battle over the programme continues.