All DV-2026 winners who are in the United States and are processing through USCIS or are in consular processing outside the United States are eligible to participate in this case. Those who have been interviewed and denied under 221(g) or are in further administrative processing are also eligible to participate.
By Purushottam Dhakal, LOS ANGELES::- Immigration law firm Red Eagle Law is preparing to file a lawsuit in federal court challenging the validity of an administrative ban on the DV program. The firm has set a June 15 deadline for DV winners around the world to join the legal process.
Red Eagle Law has announced that it will file a second lawsuit against the ban on its DV in a US court on June 22. The firm said that the lawyer will decide in which court to file the lawsuit before filing.
The case directly challenges two visa suspension policies imposed by executive order in mid-December. These restrictions include a ban on green card adjustments by USCIS for applicants within the United States, effective December 19, 2025, and a State Department ban on consular processing, effective December 23, 2025.
The firm also said that it will challenge the “additional restrictions” imposed in January on visa processing for citizens of 75 countries, including Nepal, targeting citizens of countries with high public risk.
Legal professionals have argued that such a complete ban on the visa process is illegal and a direct violation of the Administrative Procedure Act. According to them, by discriminating against applicants based on their nationality, the government has violated the original intent and law-making authority of the US Congress.
“This class action lawsuit is an important opportunity for DV 2026 winners to challenge the validity of the government’s policy regarding this ban,” the firm said.
The legal battle comes at a critical time for the estimated 129,000 global winners of DV 2026. Under U.S. law, the current Diversity Visa cycle will permanently end on September 30, 2026. If the administrative freeze is not lifted before that date, all remaining visa numbers will be lost forever.
The court is unlikely to reserve the remaining visas for future issuance, as the Court of Appeals for the District of Columbia Circuit ruled in 2024 that the judges do not have such authority.
All DV-2026 winners who are in the United States and are processing through USCIS or are in consular processing outside the United States are eligible to participate in this case. Those who have been interviewed and denied under 221(g) or are in further administrative processing are also eligible to participate.
However, this collective lawsuit will not address the citizens of the 40 countries affected by the travel ban. So even if citizens of these countries join and win the lawsuit, it will remove only one obstacle for them, and the challenge of the travel ban will remain.
The fee for participating in this case is $2,500 per DV winner, with no additional fees regardless of the size of the family. According to the payment terms, $500 must be paid upfront to register in the case, and the remaining $2,000 is due at a rate of $250 per month after the applicant enters the United States or the I-485 is approved.
The firm has made it clear that there is no guarantee of a 100% victory in this case and that although an application for class action certification will be filed, there is no certainty that the court will approve it.
