On August 28, 2026, in Medani v. Trump, No. 5:26-cv-06332-EJD (N.D. Cal. Aug. 28, 2026), the federal court ordered the government to resume ordinary adjudication of affected DV-2026 cases, where practicable, while the litigation continues. In accordance with that order, the Department of State’s December 2025 pause on Diversity Visa issuance is no longer in effect.
The December 2025 pause had temporarily suspended the issuance of Diversity Visas at U.S. embassies and consulates while the State Department reviewed Diversity Visa screening and vetting protocols. The court’s August 28 order directs the government to return to ordinary adjudication of affected cases, to the extent practicable and in good faith, while the litigation continues.
Why Timing Matters for DV-2026 Applicants
The ruling arrives during a narrow window. Under the DV program’s rules, DV-2026 applicants must obtain their visas or adjust status by September 30, 2026. After that date, DV-2026 eligibility ends, and unused visa numbers do not carry over into the next fiscal year. Visa numbers may also become unavailable before September 30 if the annual allocation is exhausted.
The order is therefore significant, but it is not a guarantee that any selectee will receive a visa. Applicants must still satisfy all applicable eligibility requirements, complete the required screening and processing, and have a visa number available when their case is ready for a decision.
For applicants whose cases were affected by the challenged policies, the setting aside of the December 2025 pause means those cases may proceed under the ordinary adjudication framework rather than remaining subject to that pause. Processing will still depend on individual eligibility, visa number availability, and consular/agency capacity.
What Comes Next?
Applicants whose cases were refused solely because of the December 2025 DV pause, or the 75-country suspension as applied to DV cases, should monitor their case status and consular communications for any updates regarding reconsideration or appointment scheduling.
The court order does not replace the ordinary requirements for obtaining a Diversity Visa. Each application remains subject to the applicable eligibility, screening, and processing requirements, and the September 30, 2026 deadline remains in place.
We will continue to monitor implementation of the court’s order and any additional State Department guidance so that DV-2026 applicants can better understand what the ruling means for their cases.