A federal judge in the Northern District of California has supplemented an earlier ruling on the diversity visa program, ordering the State Department to take an additional ten days beyond the close of fiscal year 2026 to reconsider applications it refused solely because of now-vacated pause policies. The September 30 order, issued in Medani v. Trump, narrows its focus to the State Department's consular processing backlog and does not impose any new obligation on U.S. Citizenship and Immigration Services.

This update supersedes earlier coverage that described September 30 as a looming deadline. Fiscal year 2026 has now ended. The new order concerns a limited remedy for covered State Department cases; it is not a general extension of all diversity visa deadlines. USCIS was expressly outside the supplemental motion because the plaintiffs reported that it had diligently complied with the earlier order.

What the September 30 Order Actually Does

The order, filed as ECF No. 137 in the Northern District of California, responds to plaintiffs seeking further relief after the August 28 ruling addressing USCIS Policy Memorandum PM-602-0193 and the State Department’s diversity-visa and 75-country pause policies. The September 30 court record distinguishes the agencies’ compliance. It directs DOS to take ten additional days past fiscal year 2026 to reconsider diversity visa applications refused solely under the specified DOS pauses and to resume ordinary adjudication of covered cases.

Critically, the order does not extend to USCIS. The court explicitly noted that USCIS had diligently complied with the prior order and was therefore not subject to the present motion. That distinction matters: diversity visa selectees pursuing adjustment of status through USCIS are governed by the original August 28 framework, not by this newer, narrower State Department remedy.

USCIS Side: What the Earlier Order Required

USCIS’s September 4 public notice described the agency’s response to the August 28 order vacating the hold on diversity visa adjustment applications. The notice said it would adjudicate covered FY2026 selectees and derivative beneficiaries on a reasonable, good-faith basis for the remainder of that fiscal year. That period has ended. The earlier notice must not be read as confirmation of a new October adjudication period, and it never promised blanket approval rather than individual eligibility review.

The supplemental order records the plaintiffs’ report that USCIS diligently complied, explaining why USCIS was outside the new motion. An adjustment applicant therefore cannot use this DOS-specific ten-day remedy as proof that their own fiscal-year deadline was extended. Any further relief for a particular USCIS file would need its own legal basis and current case-specific assessment.

State Department Side: Reconsideration Window, Not Automatic Approval

For applicants whose cases were refused by a consular officer solely because of the DOS diversity visa pause or the 75-country pause, the ten-day supplemental window creates an opportunity for the State Department to resume ordinary adjudication and reconsider those refusals. The order requires status reporting on a Monday-Wednesday-Friday schedule at noon Pacific time, with a case management conference scheduled for October 15 at 10 a.m.

The order does not guarantee visa issuance. It directs reconsideration under ordinary processing standards, so normal eligibility, documentary, and admissibility requirements still apply. Secondary coverage from Fragomen and BAL helps explain the earlier dispute, but the operative scope and any later processing calendar must come from the court record and consular instructions rather than being inferred from a news summary.

What Remains Unsettled

Several points remain unresolved based on the current record. No complete appellate docket has been verified, so it would be premature to say whether any party has appealed or sought a stay of either the August 28 or September 30 orders. Later public reports have suggested implementation shifting to windows in mid-October, but no primary source confirms a specific operational start date beyond the ten-day supplemental period described in ECF 137.

The court also distinguished this relief from the broader equitable remedy issued in the separate Goodluck litigation, and the September 30 order does not reserve unused diversity visa numbers for later use. Applicants and attorneys should treat this as a fiscal-year 2026 case-specific remedy, not a change to the diversity visa program's annual registration or selection process for future fiscal years.

Practical Guidance for Affected Applicants

Selectees should determine which agency adjudicated or refused their case, because the two tracks have different legal postures. A consular refusal based solely on a specified pause may fall within the remedy. An adjustment application with USCIS does not obtain the same extension from this supplemental order. The refusal reason, program year, agency, and latest instructions all matter.

Given the compressed timeline and the fact that fiscal year 2026 has closed, applicants with pending or recently refused cases should consult with counsel promptly to understand whether their specific refusal falls within the scope of the September 30 order before the window closes.

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Sources

This article provides general information and does not constitute legal advice. Immigration outcomes depend on individual facts and current law.