Not a Lexis+ subscriber? Try it out for free.

Immigration Law

DOS DV2020 and DV2021 Update (Oct. 25, 2021)

DOS, Oct. 25, 2021

"The Department of State is aware of the various court orders regarding the reservation and adjudication of DV-2020 and DV-2021 diversity visas, which are summarized below. We will publish additional public guidance on this website regarding the Department’s compliance 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 9,095 diversity visas have been granted.”  On October 13, 2021, the Court ordered the Department to “commence processing the 9,095 DV-2020 visas as soon as is feasible and to conclude such processing no later than the end of the 2022 Fiscal Year, or September 30, 2022.”  The Court in Gomez granted relief to a class encompassing all DV-2020 applicants, with direction that the Department continue to process the cases in random order, and did not order the Department to prioritize certain DV 2020 applicants over others.  Because Gomez is a class action, DV-2020 selectees who are not named Plaintiffs in the Gomez case may benefit from this order.

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 October 20, 2021, the Court ordered the Department to “begin processing and adjudicating the 966 reserved fiscal year 2021 diversity visa applications as soon as it is reasonably feasible to do so. Defendants shall complete the processing and adjudication of those 966 applications by the end of fiscal year 2022.”  The Court’s order in Rai extends to individuals who are not named Plaintiffs in the case.

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.”  The Department has not been ordered to process additional DV-2021 cases at this time.  

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 “make 481 diversity visas available for adjudication” and to “adjudicate those diversity visas by the close of Fiscal Year 2022.”  The Court’s order in Goh is limited to the Goh named Plaintiffs."