The court ruling leaves the 2027 US visa lottery registration timetable uncertain.
An appeals court has suspended an order to reopen 2027 applications while the US government challenges the decision.
The US 9th Circuit Court of Appeals has suspended an order to reopen the 2027 green card lottery. The decision leaves prospective applicants, including Kenyans, uncertain about when registration will begin.
On Thursday, October 29, the court granted the US government’s request to pause the lower court’s directive. That order required the State Department to reopen applications from November 1, 2026.
However, registration for the 2027 programme has yet to open. The appeals court’s decision suspends the reopening requirement while the government pursues its appeal.
Why the court paused the green card lottery order
The dispute began in August 2026, when immigration law firm Red Eagle sued the State Department. It argued that President Donald Trump’s administration had unlawfully suspended registration and asked the court to compel officials to resume it.
On October 14, a US District Judge ordered the department to reopen the programme. The judge also set deadlines for announcing registration dates.
However, the government challenged that decision and sought a stay from the appeals court. The three-judge panel granted its request, questioning whether the firm’s financial interests fell within the law’s intended protections.
The judges concluded that Red Eagle had not demonstrated a likelihood of succeeding on the merits. They also found that the firm lacked a cause of action under the statute governing the programme.
What the decision means for prospective applicants
The judges said the programme promotes immigration from countries with historically low migration rates to the United States. Its purpose, they noted, is not to generate income for law firms representing potential applicants.
Meanwhile, the court directed its clerk to issue a briefing schedule for the appeal against the preliminary injunction. The registration timetable remains uncertain for Kenyans and other foreigners hoping to apply for the 2027 programme.
The lottery offers up to 55,000 visas each year and selects applicants at random. However, selection does not automatically secure a visa: successful candidates must still meet immigration requirements before obtaining permanent residence through the programme.
