The Department of State is aware of the various court orders regarding the reservation of DV-2020 and DV-2021 diversity visas, which are briefly summarized below. We will publish public guidance on this website regarding the Department’s plan for complying with these orders as it becomes available.
On August 17, 2021, the U.S. District Court for the District of Columbia in Gomez v. Biden ordered the Department to “process DV-2020 applications in random order until all 9,905 diversity visas have been granted.” However as of September 30, 2021, the Court had not issued a final order establishing a time frame for processing.
On September 27, 2021, the U.S. District Court for the District of Columbia in Rai v. Biden ordered the Department of State to “reserve 966 diversity visa numbers of applicants awaiting adjudication at the twenty-seven embassies and posts previously subject to Proclamations 9984 and 10143 and Defendants’ regional No-Visa Policy.”
On September 30, 2021, the U.S. District Court for the District of Columbia in the Goodluck v. Biden-related matters ordered the Department of State to “reserve 6,914 diversity visas for adjudication pending final judgment in the Goodluck-related matters.”
On September 30, 2021, the U.S. District Court for the District of Columbia in the Goh v. Biden ordered the Department of State to “to make 481 diversity visas available for adjudication” and to “adjudicate those diversity visas by the close of Fiscal Year 2022.”
In the GOH decision, the Court writes:
“The court (once again) appreciates the efforts of State Department officials and employees who have processed diversity visas to comply with the court’s injunction, but those efforts “do not obviate the need for additional relief.” Id. Unless additional relief is granted, the shortfall of visas issued for Fiscal Year 2021 from the historic average will be dramatic. Some of that shortfall is no doubt due to the difficulties caused by the COVID-19 pandemic, but the pandemic is not the primary culprit. That would be the State Department’s complete cessation of adjudicating diversity visa applications for five months and its unlawful deprioritizing of those applications when adjudications resumed.”
Below are the related court orders:
Civil Action No. 2020-1419 GOMEZ et al v. TRUMP et al
Civil Action No. 2021-0863 RAI et al v. BIDEN et al
Civil Action No. 2021-1530 GOODLUCK et al v. BIDEN, JR. et al
Civil Action No. 2021-0999 GOH et al v. U.S. DEPARTMENT OF STATE et al
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