On December 18, 2025, Secretary of Homeland Security Noem announced that the administration is “immediately directing USCIS to pause the DV1 program.” The new directive seeks to limit adjustment of status to permanent residence on the basis of Diversity Visas, a type of immigrant visa available to lottery winners from certain countries. The pause was announced after law enforcement officials indicated the suspect of two deadly New England shootings became a permanent resident on the basis of a diversity visa after allegedly entering the U.S. in 2000 on a student visa.
The DV lottery Diversity Immigrant Visa Program provides a pathway to a U.S. green card for individuals who would otherwise have limited options for permanent immigration. The DV lottery program makes up to 55,000 immigrant visas available annually to citizens of countries with low rates of immigration to the United States in the past five years. This represents an important avenue of permanent immigration for Ukrainians.
For the DV 2025 lottery, the U.S. State Department reported that 4,002 Ukrainians were selected as lottery winners (meaning those who successfully completed their applications and qualified for visas within the DV-2024 fiscal year). For the DV-2024 and DV-2023 Diversity Visa programs, the State Department reported that 4,286 and 3,808 Ukrainians were selected for those years respectively as initial winners in the lottery.
The Diversity Lottery is named for the U.S. fiscal year in which visa processing takes place, not the year in which applications are submitted. Registration for the DV 2027 lottery was supposed to begin in October 2025 via the State Department’s website. However, as of December 2025, the registration dates had not yet been announced, though the State Department made official statements in the November 2025 Visa Bulletin and through certain U.S. Embassies that it “will announce the start date for the DV-2027 registration period as soon as practicable.”
While news of the indefinite suspension of the DV program originated from the Department of Homeland Security (DHS), which oversees U.S. Citizenship and Immigration Services (USCIS), it is not clear how the DHS directive will affect lottery registration through the Department of State, which is a separate federal agency, or whether the USCIS pause will affect the State Department’s issuance of visas outside of the United States. DHS indicated a broader review of visa programs may follow, but no timeline for restarting or permanently ending the DV lottery has been set.
We do not yet know how the USCIS pause will affect Ukrainians who were awarded diversity visas in the DV-2025 lottery and have pending green card applications. We also don’t know what will happen to Ukrainians who were selected as DV-2026 lottery winners in 2024, since processing continues into Fiscal Year 2026 (ending Sept 2026).
Here is what we do do know so far:
Congress Mandated the Diversity Immigrant Visa Program as U.S. Law
The diversity visa program is codified in the U.S. immigration law under Section 203(c) of the Immigration and Nationality Act (INA), or 8 U.S.C. § 1153(c). In 1990, Congress established the Diversity Immigrant Visa (DV) Program under President George H.W. Bush with bipartisan support to encourage individuals from countries with lower rates of admission to immigrate to the United States.
Only Congress has authority to enact and amend U.S. laws, so it would require an act of Congress to eliminate the DV program entirely. In fact, some in Congress have sought to eliminate the DV program since its inception. In 2005, the House of Representatives voted 273–148 to cancel the diversity visa program, though the Senate did not vote for the proposed bill. In 2018, the U.S. Senate rejected measures aiming to block Diversity Visa recipients. In subsequent years, various Members of Congress have discussed ending the DV program but thus far have failed to garner votes for such legislation.
A president can advocate to amend or repeal the statute, and Congress can vote to do so if there are sufficient numbers of required votes. But courts have ruled that the Executive Branch does not have legal authority to unilaterally stop a Congressionally mandated program.
The Executive Branch Can Take Steps to Restrict the DV Program
An Executive Branch action, such as a Proclamation or Executive Order, can attempt to suspend or alter the program. For example, the Executive Branch can direct an agency to pursue certain application processing priorities, restrict visas to certain countries, or attempt to limit the number of visas that can be issued to applicants from specific countries. The Executive Branch can also require additional vetting of applicants and implement fees.
In fact, previous administrations have attempted to suspend the DV Lottery through proclamations and took actions to block issuance of visas or restrict entry to visa winners, citing national security or other justifications. In April 2020, the former Trump administration halted all DV applicants from entering the United States by issuing a presidential proclamation that blocked not only DV visa holders but most others seeking to enter the United States.
In response, affected parties have challenged such actions in court, and federal courts have ruled in the past that these proclamations exceeded executive authority. In September 2020, the State Department was ordered to continue processing DV-2020 applications when a judge determined there were limitations on executive directives against a Congressionally enacted statutory program. The court struck down the State Department’s policy of not issuing or reserving visas for FY 2020 Diversity Lottery winners, agreeing with the plaintiffs’ argument that the proclamation only blocked the entry of certain immigrants but did not stop the State Department from issuing or saving visas. Ultimately, the Court of Appeals reversed the lower court’s order in June 2024, finding that federal courts lack the authority to order the reservation of visas after the deadline Congress set for their issuance.
Also, the lower court upheld the proclamation itself, which allowed a suspension of the entry of immigrants using presidential authority under section 212(f) of the Immigration and Nationality Act. Moreover, the State Department continued to apply the administration’s policy to the subsequent group of DV lottery winners.
The State Department Oversees the DV Program and Issues Diversity Visas
USCIS states that “The DV Program is administered by the U.S. Department of State (DOS).” Official USCIS guidance instructs those interested in the DV program to “visit the U.S. Department of State’s website” to learn more.
Applicants enter the DV lottery by completing the steps on the Department of State’s official Diversity Visa Lottery website when the registration period is announced, which is typically in early October. After lottery entrants submit an application, they can find out if they won the DV lottery by checking the State’s website, www.dvprogram.state.gov, between May and September of the following calendar year. If the portal shows that they have been selected, they will receive a case number and a numerical rank. Their rank will tell them when they can apply for their diversity visa.
Lottery winners who live overseas will need to check the State Department’s visa bulletin to learn when they can submit their application for a diversity visa. The first visas become available on October 1 following the notification of lottery selection, which is the beginning of the government’s fiscal year. For the 2027 DV lottery, the first visas are expected to become available to selected lottery winners in October 2026.
Once they are given the green light, lottery winners overseas will complete the DS-260 online immigrant visa application and upload their documents to the State Department up to 90 days in advance. When their case number becomes current, they will be scheduled for a consular interview, which can take up to 14 months. If approved, the State Department will issue them an immigrant visa.
Being selected in the DV lottery is only the first step, and not everyone who is selected in the DV lottery is actually awarded a visa. Individuals who are selected and have the necessary qualifications are allowed to proceed with the visa application process. But since more people are selected for the Diversity Visa than there are visas available, selection in the lottery and completion of the visa application process does not guarantee a visa. In the DV-2026 lottery, which opened in October 2024, the U.S. Department of State selected approximately 125,000 applicants from tens of millions of global entries. Out of these, only 55,000 applicants were authorized to proceed to the next step of applying for permanent resident status.
More information on the DV lottery process can be found in our article here: https://ukrainetaskforce.org/diversity-visa-dv-2027-green-card-lottery-to-open-in-early-october-2025/
The DV-2027 Lottery Registration Period Was Delayed Even Prior to the December 18 Announcement
At this time, we do not know when the next lottery registration period will open, since it was delayed even prior to the December 18th announcement by DHS. We also don’t have information on whether the State Department will be directed to proceed with the DV-2027 lottery. Typically, the registration period is announced in early October of each year. However, as of December 2025, the State Department has not yet announced the official registration dates for DV-2027.
On November 5, the State Department indicated it was in the process of implementing certain undisclosed changes to the upcoming DV entry process and will announce the start date for the DV-2027 registration period when it’s ready, suggesting the the DV-2027 program was still expected to remain from October 1, 2026 through September 30, 2027. It also confirmed through certain U.S. Embassies that it “will announce the start date for the DV-2027 registration period as soon as practicable, as well as the date that DV-2027 selection results may become available through the Entry Status Check (ESC).”
Prior to that, a spokesperson confirmed that an announcement for the DV 2027 program will be made soon on the State Department’s official website, travel.state.gov, as well as in the Federal Register. An update was added to the November 2025 Visa Bulletin indicating “Dates for the DV-2027 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2027 program should check the Department of State’s Diversity Visa web page in the coming months.” However, the December 2025 and January 2026 Visa Bulletins only mentioned DV-2026 visas.
If the State Department is allowed to proceed with the DV-2027 lottery and announces the registration period, applicants will be able to enter the DV lottery by completing the steps on the Department of State’s official Diversity Visa Lottery website when the application portal opens.
USCIS Administers Adjustment of Status to Permanent Residence and Issues Green Cards
While USCIS indicates that “Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa,” USCIS also plays a vital role in the DV process by adjudicating applications for green cards that allow visa recipients to stay in the U.S. permanently
Lottery winners who are already residing in the United States may apply for an immigrant visa without leaving the U.S. But USCIS will not adjudicate an adjustment of status application until a diversity visa can be allocated by the Department of State.
Lottery winners who are approved for a diversity visa can then apply for a green card by completing Form I-485, Application to Register Permanent Residence or Adjust Status, and submitting all required documentation to USCIS. They will also need to provide biometrics and successfully complete an interview with a USCIS officer. If USCIS approves their adjustment of status, the, it will send an approval notice and a Permanent Resident Card, Form I-551, to the applicant’s U.S. address.
Obtaining a Diversity Visa May Not Necessarily Result in a Green Card
Even if the State Department is allowed to continue the DV program, obtaining a green card on the basis of a diversity visa could be effectively stalled. This is because the adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year for that lottery. For winners of the 2027 DV lottery, this means they must complete the adjustment process with USCIS by September 2027. Visas cannot be carried over into the next fiscal year.
This could present a problem if USCIS stops processing adjustment of status applications while the administrative pause is in effect. While it could be possible for a lottery winner to obtain a diversity visa, it could be difficult for the visa recipient to successfully complete the process in time that would allow them to remain in the United States long-term. The challenge is even greater for Ukrainians who are only allowed to stay in the U.S. on a temporary basis, such as those who entered on humanitarian parole through the Uniting for Ukraine (U4U) program, those who entered on a temporary visa, or those who have been granted Temporary Protected Status (TPS). Unless those individuals are able to extend their stay, they may be required to leave the U.S. and continue pursuing the diversity visa through a U.S. consulate abroad.
We will continue to monitor this issue to learn how changes to the Diversity Immigrant Visa Program will affect Ukrainians seeking to immigrate to the U.S. permanently.
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