The Diversity Visa Pause Returned: What DV-2026 Selectees Can Still Do Before September 30

The State Department's current diversity-visa guidance contains two statements that must be read together. It says the December 2025 pause was no longer in effect as of August 28, 2026, after a federal court order. It then says, effective immediately, that the Department has paused all diversity immigrant visa issuances again.

For DV-2026 selectees, this is not a technical distinction. The Department says applications, interviews, and appointment scheduling may continue, but no diversity visas will be issued under the new guidance. Meanwhile, eligibility ends on September 30, 2026. A pending application, completed interview, or favorable court ruling does not by itself preserve DV-2026 eligibility after that date.

What the August 28 court order actually did

In Medani v. Trump, the U.S. District Court for the Northern District of California certified three subclasses of FY-2026 diversity-visa selectees and their derivative family members. Each subclass corresponded to one of three policies: the USCIS diversity-visa adjustment hold, the State Department's December 2025 DV pause, and the separate 75-country immigrant-visa pause.

The court's August 28, 2026 preliminary-injunction order temporarily vacated those three policies. It directed the State Department, to the extent practicable and in good faith, to take reasonable steps during the rest of the fiscal year to reconsider applications refused solely under the two State Department pauses and resume ordinary adjudication of pending applications. It separately directed USCIS to resume ordinary adjudication of covered adjustment applications without applying the USCIS hold.

The order did not grant any individual a visa or permanent residence. Ordinary eligibility rules, case-number availability, admissibility review, document requirements, and numerical limits remained in place.

What the State Department now says

The State Department's page, last updated August 31, 2026, acknowledges that the December pause ended under Medani. On the next line, it announces a new pause on all diversity-visa issuance while the Department reviews screening and vetting protocols.

The operational instructions are specific:

• Applicants may submit visa applications and attend interviews.
• The Department says it will continue scheduling appointments.
• Existing DV appointments generally will not be rescheduled or cancelled.
• No diversity visas will be issued while the pause remains in place.
• The guidance provides no exceptions.

The Department also says the guidance did not revoke any currently valid diversity visa or other visa. Questions about admission at a U.S. port of entry remain with the Department of Homeland Security.

September 30 is still the controlling deadline

The official DV-2026 instructions state that every principal applicant and derivative family member must receive the visa, or complete adjustment of status, by September 30, 2026. The instructions say that the State Department cannot issue DV-2026 visas and USCIS cannot approve DV-2026 adjustments after that date. There is no carryover into FY-2027.

Visa numbers may also be exhausted before September 30. The Department registered approximately 129,516 prospective applicants, including selectees and derivatives, while its selected-entrants notice estimates that approximately 51,850 DV-2026 numbers are available after statutory deductions. Selection never guaranteed a visa, an interview, or even the opportunity to apply.

A court can order an agency to return to lawful processing, but the August 28 preliminary order did not extend the statutory September 30 end date. Applicants should not assume that pending litigation will reserve a number for them after the fiscal year closes.

What consular applicants should do now

Do not abandon an existing appointment based on a headline. The current official guidance says interviews may proceed and appointments generally will not be cancelled. Follow written instructions from the embassy or consulate handling the case. If the post changes an appointment, preserve the notice and request prompt clarification through the post's published channel.

Complete every step the government will still accept. Submit required forms and documents, respond promptly to any request, monitor Entrant Status Check, and keep confirmation pages. If a case is refused under section 221(g), record what is missing and the date it was provided. Completing these steps does not force issuance during the pause, but an avoidable document problem can create a separate barrier if issuance resumes.

Track each derivative applicant separately. A principal applicant's visa does not preserve a spouse's or child's DV eligibility beyond September 30. The official instructions apply the same fiscal-year deadline to derivatives.

Document the reason for any refusal or delay. Keep refusal sheets, case-status screenshots, appointment notices, and correspondence. Distinguish a refusal based solely on a DV-wide pause from a case-specific eligibility or security issue. That distinction can matter when counsel evaluates the August 28 order and any later relief.

Applicants adjusting status through USCIS are different

The August 31 State Department guidance addresses visa issuance by the Department of State. It does not say that USCIS has reinstated its separate adjustment hold. The Medani order directed USCIS to resume ordinary adjudication of covered pending adjustment cases without applying that hold.

That does not remove the September 30 deadline. A DV-2026 adjustment applicant must be eligible, have an available number, and obtain approval by the end of the fiscal year. Filing Form I-485 is not approval. A person considering adjustment instead of consular processing, or any change between those paths, should obtain case-specific advice before taking action because lawful-status, timing, and coordination issues can determine whether the alternative is available at all.

What remains unresolved

The public materials establish that the court temporarily vacated three identified policies and that the State Department later announced another issuance pause. They do not establish a final judicial ruling on the legality of the August 31 pause. The Department's guidance also gives no end date for its review.

That uncertainty should not be converted into a promise that visas will resume, or a prediction that no relief is possible. The practical approach is to preserve eligibility steps, maintain a complete record, and have the latest agency guidance and court filings checked as September 30 approaches.

If your DV-2026 case is pending, refused, or affected by a cancelled appointment, you can contact Zero One Legal through the existing screening process to discuss whether the firm can assist or direct you to appropriate counsel.

This article provides general educational information and is not legal advice. Immigration rules, forms, fees, and procedures can change, and the law may apply differently to individual facts. Reading this article or contacting Zero One Legal does not create an attorney-client relationship. No result is guaranteed.