2026 Court Order Forces USCIS to Publish Diversity Visa Program Hold Policy

On September 4, 2026, USCIS published a court order stemming from a U.S. District Court ruling dated August 28, 2026, related to the agency's hold policy on the Diversity Immigrant Visa (DV) Program. The court order compels USCIS to take formal action regarding how it has been managing or suspending diversity visa processing. The Diversity Immigrant Visa Program, which makes up to 55,000 visas available annually through a lottery system, has faced administrative holds under the current administration. This court intervention signals that legal challenges to such holds are gaining traction in the federal judiciary. While the DV program is distinct from employment-based categories like EB-3, the broader legal precedent set by this court order may have implications for how executive agencies can implement immigration holds across visa categories. EB-3 applicants and green card seekers should monitor whether similar legal challenges emerge in the employment-based space. Immigration attorneys are advising clients to stay updated on USCIS policy pages as additional guidance may follow in the wake of this court order. Those affected by administrative holds on any visa category may wish to consult legal counsel about their options.