State Department Updates Diversity, Immigrant Visa Processing Following Federal Court Decisions

Following two federal court decisions issued one week apart, the U.S. Department of State has updated its public guidance on immigrant visa issuance for nationals of certain designated countries and Diversity Visa (DV) processing.

On Aug. 21, 2026, the U.S. District Court for the Southern District vacated DOS’s January 2026 categorical pause on immigrant visa issuance for nationals of 75 countries. DOS later confirmed that the pause is no longer in effect as of that date. On Aug. 28, 2026, the U.S. District Court for the Northern District of California issued an order in Medani v. Trump concerning DV-2026 processing, after which DOS confirmed that the December 2025 pause on diversity visa issuance is likewise no longer in effect.

Together, the decisions may benefit certain 2026 immigrant visa applicants and DV-2026 selectees, but they do not guarantee adjudication, visa issuance, adjustment approval, or admission to the United States.

DOS Ends Categorical Immigrant Visa Pause for Nationals of 75 Countries

DOS has confirmed that its January 2026 categorical pause on immigrant visa issuance for nationals of 75 designated countries is no longer in effect. As a result, affected immigrant visa cases may again proceed through ordinary case-specific adjudication. Under the suspended policy, consular officers could continue accepting applications, conducting interviews for applicants, and reviewing eligibility, but could not issue immigrant visas to affected nationals based solely on the categorical pause, even when applicants were otherwise approvable. The court concluded that the policy was unlawful, vacated it, and set aside visa refusals issued solely on that basis. However, the end of the issuance pause does not mean a green card or immigrant visa has been approved.

As a result, affected immigrant visa applications may again be adjudicated on an individualized basis under ordinary case-specific adjudication existing statutory standards. The end of the categorical pause does not require immediate issuance. Applicants may still be subject to public charge review, other inadmissibility grounds, delayed by administrative processing, security screening checks, document requests, visa-number limits, or post-specific capacity operational constraints, available visa number, complete required medical examinations and document processing, present a valid passport, and clear any separate country-specific restrictions or presidential proclamations that may apply required checks.

Federal Court Order Changes DV-2026 Processing Landscape

DOS has likewise updated its public guidance regarding DV-2026 processing. The agency now states that the December 2025 pause on diversity visa issuance is no longer in effect, allowing certain DV-2026 immigrant visa and adjustment-of-status cases to proceed through ordinary adjudication. DOS subsequently updated its public guidance to state that the December 2025 pause on diversity visa issuance is no longer in effect. Applicants should note that DV numbers may become unavailable before Sept. 30 if the annual allocation is exhausted. DV benefits cannot be extended or rolled over to the next fiscal year.

Timing Remains Critical: Practical Steps for DV-2026 Selectees

DV-2026 selectees may wish to act promptly. Diversity visa eligibility for DV-2026 expires Sept. 30, 2026, and visa availability remains subject to annual, regional, and per-country numerical limits. Selection in the diversity visa lottery does not reserve a visa number or guarantee that a visa will be issued or that adjustment of status will be approved before the fiscal-year deadline.

Applicants whose cases were refused or delayed only because of the DV issuance pause may wish to contact the appropriate U.S. embassy or consulate, or the Kentucky Consular Center, as applicable, to ask about next steps. Applicants inside the United States with pending Form I-485 applications should not assume that DOS guidance concerning consular visa issuance automatically resolves their adjustment case; they should continue monitoring USCIS guidance and case-specific notices.

Practical Steps for Applicants and Employers

Although DOS has ended the categorical immigrant visa pause and the December 2025 DV issuance pause, affected applicants should not assume that visa issuance will occur immediately. Consular posts may require additional time to implement the court decisions, review previously refused or delayed cases, and resume case-specific adjudication.

Individuals whose applications were refused or delayed solely because of either policy should preserve copies of prior refusal notices, appointment notices, and correspondence. Where there has been no recent case activity, they may consider submitting a status inquiry to the applicable U.S. embassy or consulate, the National Visa Center, the Kentucky Consular Center, or USCIS, depending on case type and procedural posture.

Employers with foreign nationals completing immigrant visa processing abroad should monitor case status, particularly where onboarding, relocation, travel, or workforce planning depends on visa issuance. Family-based applicants and petitioners should likewise remain attentive to post-specific processing developments. Applicants should check the applicable embassy or consulate website, the Consular Electronic Application Center, and the Entrant Status Check for DV cases, and monitor notices from DOS or USCIS.

Looking Ahead

Implementation may vary among consular posts and agencies. Applicants should evaluate their individual case posture before acting, particularly where separate restrictions, unresolved admissibility issues, expired documents, or pending administrative processing may apply.

Foreign nationals, employers, and family-based petitioners should continue monitoring DOS and USCIS guidance and consult immigration counsel regarding the potential impact on pending or future cases. This discussion reflects publicly available information as of Sept. 9, 2026; agency guidance, court orders, and implementation practices may change.