AI generated Image
The DV-2026 program year ends at midnight Eastern Time on September 30, 2026. By law, a Diversity Visa for this year cannot be issued after that date.
In late August, federal courts ordered the State Department to restart the Diversity Visa program, which it had paused since December 2025. On September 10, the State Department sent a cable to every U.S. embassy and consulate formally ending that pause and telling posts how to process DV-2026 cases. But the restart came with only weeks left in the fiscal year, and lawyers for the applicants say thousands of selectees never got a chance to be interviewed.
On September 29, one day before the deadline, the plaintiffs asked the federal judge in San Jose to hold the government in contempt and to extend the deadline. The judge took the request under submission without ruling.
This post explains what the cable required, what the numbers show, and what is and is not possible after September 30. (Our companion post covers the separate 75-country immigrant visa pause: [link to IV post].)
How we got here
| Date | Event |
|---|---|
| December 19, 2025 | State Department instructs consulates to refuse all DV applicants under INA 221(g), citing vetting and identity-verification concerns. USCIS also places DV adjustment applications on hold. |
| August 25, 2026 | Relief for named plaintiffs in Ivanov v. Trump (D.D.C.) |
| August 28, 2026 | Medani v. Trump (N.D. Cal.) sets aside the DV policies and certifies classes covering FY2026 DV selectees nationwide |
| September 10, 2026 | State Department sends the cable ending the DV pause |
| September 23, 2026 | Plaintiffs file a civil contempt motion in Medani |
| September 29, 2026 | Hearing on contempt and a deadline extension; judge takes it under submission |
| September 30, 2026 | DV-2026 program year ends |
What the cable told consulates
The cable states that the December 2025 DV pause is “NO LONGER in effect” and that no applicant may be refused under 221(g) because of it. For DV-2026 cases, posts were told to:
- Reconsider refused cases oldest first, starting with refusals from December 20, 2025.
- Contact applicants in writing to request missing documents, including updated medical exams.
- Give scheduling priority to DV-2026 selectees whose interviews were originally set for August 23 to September 30, 2026, and were then rescheduled.
- Complete a public charge worksheet in every case, including DV cases.
The cable also said that applicants barred by Presidential Proclamation 10998, the 39-country travel ban, need no further processing once the pause refusal is removed.
How much actually got done?
Both sides agree the restart was slow. They disagree on whether the government did enough.
According to the plaintiffs’ lawyers, of 1,196 named plaintiffs in Medani, only 108 had approved visas, and in the nearly four weeks after the August 28 order, more cases were refused (171) than approved (102). The government told the court it completed roughly 2,582 interviews and 2,929 visa adjudications in the period after the order. The plaintiffs’ lawyers point out that an “adjudication” can be a refusal, so that number does not show how many visas were issued. At the September 29 hearing, the judge said the government’s status reports showed 3,814 visas processed since his August 28 order.
The plaintiffs also argue that selectees whose interviews were cancelled or never scheduled were left out entirely. Their lawyer told the court the government had read the order as covering only applicants who already had interviews scheduled, and described the situation as a Catch-22: applicants cannot attend an interview they were never invited to.
The last-minute court fight
The plaintiffs asked Judge Edward Davila to find the government in civil contempt, to order consulates to keep adjudicating and issuing up to 40,000 unused diversity visas, and to extend the deadline. The plaintiffs did not publicly explain how they arrived at that figure, and the State Department has not released its FY2026 DV issuance totals.
The government responded that it had “substantially” complied, that slow progress is not grounds for contempt, and that extending the deadline would violate the statute.
At the hearing, Judge Davila said he was disappointed the government had not followed his order diligently. He pointed to the delays caused by retraining and by sending instructions to consulates days after his order. But he also questioned his power to act past the deadline, asking the plaintiffs’ lawyer: “Tell me the legal basis to extend the relief you are asking for.” He said setting a quota for the government would go beyond his authority, but asked whether extending processing by about 11 days, roughly the length of the government’s delay in restarting, would be an appropriate remedy. The government’s lawyer said this had never been done before and was likely against the statute.
The judge took the motion under submission and did not say whether he would rule before September 30.
A similar contempt motion is pending in Ivanov v. Trump before Judge Richard Leon in Washington, D.C.
Why the deadline is so hard to move
Diversity Visas are tied to a single fiscal year. DV-2026 selectees can receive a visa, or be approved for adjustment of status inside the U.S., only through September 30, 2026. Unused DV numbers do not carry over to the next year or to any other category.
Courts have tried to work around this before. In 2020 and 2021, district courts in Washington, D.C., ordered the State Department to reserve thousands of DV numbers past the deadline. In 2024, the D.C. Circuit reversed those orders in Goodluck v. Biden, holding that district courts have no authority to order diversity visas processed or issued after the fiscal year ends. The court added that it makes no difference whether a selectee filed a lawsuit or won preliminary relief.
That precedent binds the court hearing Ivanov in Washington. Medani is in California, in the Ninth Circuit, where Goodluck is not binding. But Judge Davila has already noted that appellate precedent limits his authority, while leaving open whether sanctions could be available for bad-faith delay. If he orders an extension, the government would likely appeal quickly.
What happens after September 30?
- If you received your visa by September 30, it remains valid for travel until the expiration date printed on it. You do not lose it when the fiscal year ends. Plan to travel promptly, since entering the U.S. on the visa is what makes you a permanent resident.
- If you did not receive your visa, your DV-2026 selection ends unless a court orders otherwise and that order survives appeal. You cannot carry your selection or place in line into a future year.
- If you are adjusting status inside the U.S., the same deadline applies to USCIS approval.
Who is affected?
- DV-2026 selectees and derivatives refused under the December 2025 pause, or whose interviews were cancelled or never scheduled.
- DV-2026 selectees from the 75 countries covered by the separate immigrant visa pause. The Medani classes also cover selectees affected by that pause.
- Named plaintiffs in Ivanov and Medani, whose cases the government has been reporting on to the courts.
- Not helped by the cable: selectees from countries covered by the travel ban, unless an exception applies.
What is still unclear?
- Whether Judge Davila will order an extension, how long it would be, and who it would cover.
- Whether any extension would survive an appeal, given Goodluck and the statute.
- How Judge Leon will rule on the contempt motion in Ivanov, where Goodluck is binding.
- How many DV-2026 visas were issued in total. The final count will show how many of this year’s numbers went unused.
What you can do now
- If you have a pending DV-2026 case, stay in contact with your consulate and respond immediately to any request.
- If you received your visa, check its expiration date and plan your travel.
- If you are a class member or plaintiff, follow updates from the lawyers in Medani or Ivanov. Any court-ordered relief after September 30 will likely come through them.
- If your case was not completed, keep all your documents, CEAC records, and correspondence with the consulate. They will matter if a court orders further processing.
- Consider entering a future lottery if you are eligible. The DV-2026 selection itself cannot be carried forward.
Sources: U.S. Department of State cable, “Action Request: Vacatur of Immigrant Visa (IV) and Diversity Visa (DV) Issuance Pauses,” September 10, 2026, filed in Medani v. Trump, No. 5:26-cv-06332-EJD (N.D. Cal.), Dkt. 95-1; Goodluck v. Biden, 104 F.4th 920 (D.C. Cir. 2024); reporting by Courthouse News Service and Times of San Diego.
This article is for general information and is not legal advice. The situation is changing quickly, so please consult an immigration attorney about your specific case.
About the Author
Discover more from Immigration Analytics
Subscribe to get the latest posts sent to your email.
