Visa Lawyer Blog

Articles Posted in Lawsuits

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On November 1, 2026, a new federal lawsuit, Ivannikov v. Rubio (Case No. 2:26-cv-12783), was filed in the U.S. District Court for the Central District of California, challenging the Trump administration’s failure to open registration for the Diversity Visa (DV) Lottery Program.

The lawsuit was filed by Ivan Ivannikov, a Russian national residing in Los Angeles, against Secretary of State Marco Rubio. It seeks to compel the U.S. Department of State to open registration for both the DV-2027 and DV-2028 lottery programs.

The complaint alleges that the government’s failure to administer the program constitutes unlawful agency delay and violates the Administrative Procedure Act. It asks the court to require registration periods of at least 30 days for both programs and to process applications from individuals subsequently selected.

Background: Previous Court Ruling Temporarily Blocked

The new lawsuit follows an October 14, 2026, preliminary injunction ordering the State Department to reopen DV-2027 registration by November 1, 2026.

However, on October 29, 2026, the Ninth Circuit Court of Appeals temporarily blocked that order while the government’s appeal proceeds, citing legal deficiencies concerning the plaintiff’s ability to bring the earlier lawsuit.

Unlike the previous lawsuit, which was filed by an immigration law firm, the new case is brought by an individual who claims he is personally eligible to participate in the lottery.

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On October 23, 2026, U.S. District Judge Frimpong issued a preliminary injunction ordering U.S. Immigration and Customs Enforcement (ICE) and Border Patrol agents to stop detaining individuals solely based on their perceived Latino ethnicity or working-class appearance.

The ruling, issued in Vasquez Perdomo v. Mullin, follows extensive evidence presented by the American Civil Liberties Union (ACLU) and other civil rights advocates, including body-camera footage, internal communications, and testimony from individuals detained during immigration enforcement operations, including U.S. citizens.

The injunction applies to seven Southern California counties: Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo.

Under the order, immigration agents must have individualized reasonable suspicion supported by specific facts before conducting an investigative detention. An individual’s ethnicity or appearance alone cannot justify a stop. The injunction includes exceptions for ports of entry, checkpoints, and their functional equivalents.

The decision follows an earlier injunction that the U.S. Supreme Court temporarily blocked in 2025. The Department of Homeland Security has denied allegations of racial profiling, and the federal government has appealed the latest ruling.

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The Trump administration’s 75-country immigrant visa pause may be over following a federal court ruling, but thousands of previously refused applications remain unresolved.

In an October 5, 2026 court filing, the State Department revealed that only 706 affected applications were adjudicated between August 21 and September 30. Of those, just 318 were approved for visa issuance or resulted in visas being issued.

These figures highlight the slow progress in addressing more than 43,000 applications previously refused solely under the pause.

With no firm deadline for reconsideration, federal litigation may be an important option for applicants seeking to move their cases forward.

Key Highlights

  • The 75-country immigrant visa pause was struck down on August 21, 2026.
  • More than 43,000 applications were previously refused solely under the policy.
  • Between August 21 and September 30, only 706 affected applications were adjudicated, with 318 approved for issuance or issued and 388 refused under other immigration provisions.
  • Applicants whose visas were previously refused are not guaranteed automatic reconsideration within a specific timeframe.
  • Federal lawsuits, including mandamus actions, may offer a way to challenge unreasonable delays and seek action on previously refused applications.

What Do the Latest Visa Processing Statistics Reveal?

The State Department’s October 5 court filing in CLINIC v. Rubio provides a clearer picture of how slowly visa processing has progressed since the pause was lifted.

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glopezr-wheel-2121197_1280A federal judge has ordered the U.S. Department of State to reopen registration for the Fiscal Year (FY) 2027 Diversity Visa (DV) Lottery, commonly known as the Green Card Lottery, following delays and suspension of the program.

On October 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction requiring the State Department to resume the DV-2027 program and establish a new registration timeline.

Key Dates and Deadlines

Under the court’s order, the State Department must:

  • October 29, 2026: Publicly announce the registration dates, official application website, and eligibility requirements.
  • November 1, 2026: Open DV-2027 lottery registration for a period of 30 days.
  • December 3, 2026: Notify individuals selected through the lottery.
  • September 30, 2027: Continue processing eligible DV-2027 immigrant visa applications until this date or until the annual visa allocation is exhausted, whichever occurs first.

Why Was the Lottery Suspended?

The State Department initially announced changes to the DV-2027 registration process in November 2025. The program was subsequently paused in December 2025, resulting in legal challenges seeking to restore lottery registration.

The federal court’s preliminary injunction requires the government to move forward with the program while litigation continues.

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artsybeekids-gavel-5660494-scaledA federal judge in California has blocked the Trump administration from enforcing policies that required certain employers to pay a $100,000 fee when filing new H-1B petitions.

On September 30, 2026, U.S. District Judge Haywood S. Gilliam Jr. granted a preliminary injunction in Global Nurse Force v. Trump, N.D. Cal., No. 4:25-cv-08454, preventing federal agencies from enforcing or implementing the policies used to carry out the $100,000 H-1B payment requirement.

What Was the $100,000 H-1B Fee?

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tilixia-summer-money-8023328_1280On September 14th a coalition of states and major U.S. cities filed federal lawsuits challenging the Trump administration’s new public charge rule, giving immigration officers broader discretion when deciding whether certain immigrants may be denied admission or lawful permanent residence.

The rule took effect on Friday, September 18, 2026, and applies to applications for admission made on or after that date and adjustment-of-status applications filed on or after September 18.

What Changed?

The Department of Homeland Security rescinded the narrower public charge regulations adopted in 2022.

Under the new rule, immigration officers must consider at least five factors when deciding whether an applicant is likely to become a public charge: the applicant’s age; health; family status; assets, resources, and financial condition; and education and skills. Officers may also consider employment history and prospects, a required Affidavit of Support, and other information relevant to the applicant’s ability to remain financially self-sufficient.

The rule also significantly expands the public benefits that may be considered. For benefits received on or after September 18, 2026, officers may consider an applicant’s application for, approval for, or receipt of any means-tested public benefit, including programs such as Medicaid and SNAP.

Receipt of public benefits alone does not automatically result in a public charge finding; officers must evaluate the applicant’s circumstances as a whole.

The administration says the change restores necessary discretion and better reflects federal immigration law and policies encouraging immigrant self-sufficiency.

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elisariva-hammer-3183166-scaledYesterday, a federal judge ruled that the Trump administration’s policy pausing immigrant visa approvals for nationals of 75 countries violates federal immigration law.

The State Department introduced the policy in January 2026, directing consular officers to refuse covered immigrant visa applications while the government developed additional screening procedures concerning whether applicants might become dependent on public benefits.

The freeze affected primarily family-based applicants, along with some employment- and investment-based applicants.

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jorono-flag-2693195-scaledOn June 25, 2026, the Supreme Court allowed the Trump administration to end Temporary Protected Status for more than 350,000 people from Haiti and Syria who have been legally living and working in the United States.

Although the ruling directly affects only TPS holders from Haiti and Syria, its impact could reach much further.

The decision may have consequences for the broader TPS program, which currently protects about 1.3 million people from more than a dozen countries.

What is TPS

Temporary Protected Status (TPS) is a temporary immigration protection that allows people from certain countries to live and work legally in the United States, when it is unsafe for them to return home because of conditions like war, natural disasters, or major political instability.

The federal government determines which countries qualify for TPS and decides whether conditions in those countries justify renewing their designation.

The Ruling

The case, Mullin v. Doe, written by Justice Alito, held that courts do not have authority to review an administration’s decision to terminate TPS for a particular country. The court also rejected a constitutional claim brought by Haitian TPS holders, who argued that Haiti’s designation was ended because of racial bias. The court found that the evidence was not enough to show that racism played a motivating role in the decision.

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alexas_fotos-april-3109706-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the April 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of April, USCIS will continue using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the April 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of April?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India and China will advance one month to April 1, 2023
  • All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance 10 months to July 15, 2014
  • Except China, all other countries (Worldwide, Mexico, Philippines) will become current

*Note, there is an immigrant visa freeze for all countries subject to the 75-country ban on immigrant visa issuance. Lawsuits opposing the freeze are currently pending. 

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owantana-donald-trump-2333743_1280The Trump administration’s “Gold Card” visa program, which lets ultra-wealthy immigrants obtain permanent U.S. residency in exchange for a $1 million gift, is now the target of a federal lawsuit challenging its legality.

The lawsuit filed by the American Association of University Professors argues that the program is unlawful, claiming it violates the Administrative Procedure Act, the Immigration and Nationality Act, and was implemented without statutory authority.

Instead of calling on Congress to establish a new visa category, President Trump unilaterally created the Gold Card program by executive order. The order instructs federal agencies to utilize visa numbers from the existing EB-1 “extraordinary ability” and EB-2 “exceptional ability” green card categories, which have been specifically reserved by Congress for highly skilled individuals at the top of their field.

Under the Gold Card program, a $1 million payment by an individual—or $2 million paid by a corporation on their behalf—is treated as proof that the applicant satisfies the EB-1 or EB-2 visa criteria.

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