US Diversity Visa 2026 Deadline Hits: 40,000 Visas at Risk as Processing Pause Leaves Families in Limbo
Updated: 3 minutes ago
SAN JOSE, September 30, 2026 — Thousands of Diversity Visa (DV) 2026 lottery selectees face an absolute deadline of September 30, 2026, as the fiscal year ends, with estimates suggesting as many as 40,000 unused visas could expire without being issued.
The deadline arrives amid a complex legal battle over the Trump administration's December 2025 pause on diversity visa issuance, which was justified on national security grounds following a shooting at Brown University and the killing of an MIT professor by an individual admitted through the DV program .
The Legal Back-and-Forth
The situation has been marked by court orders that, according to immigration attorneys, have not translated into real-world action.
Court Order to Resume Processing
On August 28, 2026, Senior U.S. District Judge Edward Davila issued a preliminary injunction in Medani et al. v. Trump et al., directing the government to resume processing diversity visa applications. The court determined that the pause was likely arbitrary and capricious and certified three DV-2026 subclasses.
The State Department subsequently revised its guidance on August 31, 2026, indicating that "the December 2025 pause of diversity visa issuance is no longer in effect."
But Processing Has Not Resumed in Practice
Despite the court order and the State Department's public acknowledgment, immigration attorneys report that actual processing has been slow to non-existent at many consular posts.
Jennifer Bade, an immigration attorney, described the gap between the ruling and reality:
"Acknowledging a court order and adhering to it are separate actions. Families with scheduled interviews found that their appointments were canceled without any explanation or a new date being set.
According to Bade, it took almost three weeks for the State Department to formally instruct embassies and consulates to resume processing — an instruction that went out on September 10, 2026 .
Judge Presses Government on Delays
At a hearing on September 9, 2026, Judge Davila questioned why it took nearly two weeks after his order for the government to send a cable restarting interviews. "To me, that appears to be a binary, like a switch that goes up and down," he remarked. "I don't comprehend why there's a lack of re-engagement."
By September 29, 2026, the government reported that 3,814 visas had been processed since the injunction .
The Human Cost
The processing pause has left thousands of families in financial and emotional limbo, having already made irreversible commitments based on their selection.
Many families have sold properties, left jobs, and spent thousands on documentation, only to find their cases stalled with no clear path forward. The uncertainty is compounded by the fact that DV selection does not guarantee a visa — it only grants the opportunity to apply .
The Absolute Deadline: No Extensions Possible
Unlike most immigrant visa categories, diversity visas have a strict statutory deadline. According to the Immigration and Nationality Act, DV-2026 visas must be issued by September 30, 2026 — marking the end of the fiscal year. There is no grace period, and any unused visa numbers cannot be carried forward to the next fiscal year.
Eligibility for DV-2026 expires on September 30, 2026. No DV-2026 visa can be issued in October. This deadline also applies to derivative spouses and children.
The regional cutoffs for the September 2026 Visa Bulletin are:
Region | Rank Cutoff |
Africa | 101,250 (except Algeria 85,000, Egypt 50,000) |
Asia | 40,000 (except Nepal 13,500) |
Europe | 47,500 |
North America (Bahamas) | Current |
Oceania | 3,000 |
South America & Caribbean | 4,750 |
A rank number below the cutoff makes a case eligible for consideration — it does not guarantee issuance .
Emergency Relief Sought
On September 29, 2026, plaintiffs' attorney Curtis Morrison asked Judge Davila for emergency supplemental relief, requesting that consulates continue adjudicating and issuing up to 40,000 unused diversity visas .
Morrison claimed that the government had not adhered to the initial injunction: "Ordinary visa adjudications have not resumed. It's a Catch-22; if they are not invited to an interview, they can't attend one, which is very frustrating for the plaintiffs."
Department of Justice attorney Nag Young Chu responded that the proposed remedy might contradict statutory law and that the government had "substantially" complied with the court's order. He clarified that consulates halt processing new applications before the fiscal deadline and focus on security checks, with each consulate allocating resources in its own way.
Judge Davila stated he would consider the motion but did not specify if he would issue an order before September 30.
What DV-2026 Selectees Should Do Now
With the deadline imminent, applicants whose cases remain unresolved should take immediate action :
Contact the relevant U.S. embassy or consulate directly — and document every email, response, and date
Check the Entrant Status Check on the E-DV website for case updates
Preserve all correspondence — prior refusal notices, appointment notices, and communications
Consider a status inquiry with the Kentucky Consular Center or National Visa Center
Seek legal counsel if the case remains unresolved
Quick Reference Summary
Aspect | Details |
Deadline | September 30, 2026 |
Court Order | August 28, 2026 (Medani v. Trump) |
State Department Guidance | Pause lifted August 28, 2026 |
Consular Instruction Cable | September 10, 2026 |
Visas Processed (as of Sept 29) | 3,814 |
Unused Visas at Risk | Up to 40,000 |
Extensions Possible | No — statutory deadline |
Next Fiscal Year | DV-2027 begins October 1 |
Read More
Official Resources
Resource | Link |
State Department – Diversity Visa Guidance | |
Entrant Status Check (E-DV) | |
Kentucky Consular Center | Via travel.state.gov |
CourtListener – Medani v. Trump Docket |
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