US Judge Extends Diversity Visa Processing Deadline by 10 Days
Washington — A federal judge has ordered the US State Department to continue processing certain diversity visa applications for an additional 10 days beyond the fiscal-year deadline after finding that the department had failed to promptly comply with an earlier court order.
US District Judge Edward Davila in California partially granted an emergency request from visa applicants, directing the department to make reasonable, good-faith efforts to reconsider applications previously rejected under two suspended visa policies and resume normal processing of pending cases.
The extension does not guarantee that applicants will receive visas. Davila also rejected a broader request to reserve approximately 40,000 unused diversity visas for issuance after the fiscal year.
“The Court finds DOS’s compliance with the PI has been less than substantial, and its lack of diligence from the time it received the Court’s order to the time it implemented the order is of exceptional significance,” Davila wrote.
The ruling follows an earlier preliminary injunction that temporarily suspended the State Department’s diversity visa pause and a separate policy affecting 75 countries. That injunction required the department to reconsider affected applications and resume processing before the fiscal year ended.
According to the latest ruling, the State Department initially delayed compliance while preparing instructions for diplomatic and consular offices overseas.
Davila found that the department should have requested a temporary stay, sought other relief or informed the court about the delay. Instead, it waited until applicants raised concerns about noncompliance before issuing instructions to overseas posts.
Processing remained slow even after those instructions were distributed.
Court records showed that the department processed approximately 83 diversity visas daily worldwide during one September reporting period, compared with roughly 230 per day during the same month in 2025.
The State Department attributed the slowdown to mandatory training concerning public-charge inadmissibility requirements. Diplomatic posts that had not completed the training were generally unable to resume immigrant visa processing, with limited exceptions.
Davila criticized the department for failing to promptly notify the court about the training requirement and its impact on compliance.
Processing accelerated following a subsequent court hearing. By September 28, the department had processed 3,814 visas, averaging approximately 272 per day during the period covered by the court’s calculations.
The additional 10-day processing window gives affected applicants another opportunity to have their cases reconsidered, although visa issuance remains subject to existing eligibility requirements and applicable legal restrictions. (Source: IANS)
