DV-2027 lottery: Registration still closed, court ruling expected by October 14
Registration for the DV-2027 Green Card lottery normally opens in early October, and this year it has not opened. In September 2025 the State Department announced a $1 registration fee for DV-2027 entries. In November it said it was changing the entry period and would announce a new date, but none has followed.
That silence led to a lawsuit. In August 2026, Red Eagle Law sued Secretary of State Marco Rubio, arguing that the delay violates federal immigration law. Judge Jinsook Ohta denied an emergency order on September 3 but agreed to consider a preliminary injunction.
At a hearing on September 24, government attorneys argued that the statute ties the registration period to the fiscal year before the visa year, so the window for opening it has passed. By that reading, DV-2027 registration had to fall within fiscal year 2026, which ended on September 30 with no registration opened. Red Eagle Law disputes the government’s reading.
Judge Ohta will rule by October 14. A decision for the government would leave this cycle without new entrants, while one for Red Eagle Law could force a registration window on short notice.
Mandatory ICE detention: Supreme Court agrees to hear the case
On October 1, the Supreme Court agreed to decide whether immigrants already living in the US have a right to a bond hearing while their deportation cases are pending. The question stems from a July 2025 policy that directs authorities to keep undocumented immigrants in detention for the entire length of their removal proceedings, reversing a decades-old interpretation under which some of them could be released on bond.
Lower courts disagree on whether the policy is lawful. Most federal appeals courts require a bond hearing, while the 5th and 8th Circuits have held that people accused of entering illegally must stay detained. Administration lawyers say this split produces an unworkable patchwork of enforcement.
The case before the Court comes from the 2nd Circuit. It involves a Brazilian national arrested in Massachusetts in September 2025, who was first denied a bond hearing and later released on bond. Millions of people could be affected.
EB-5 fees: Investor petition costs more than double from November 30
USCIS has finalized new EB-5 fees that take effect on November 30, 2026. The rule follows the EB-5 Reform and Integrity Act of 2022, which required USCIS to study the program’s costs and set fees that cover them in full, including audits and site visits. DHS proposed the changes in October 2025, and the final fees for investor petitions came out lower than proposed.
The main changes for investors:
- I-526 (standalone): $3,675 → $7,615
- I-526E (regional center): $3,675 → $7,850
- I-829 (removal of conditions): $3,750 → $5,000
Both initial petitions now include a $75 technology fee. Regional center filings rise too: project approval (I-956F) goes from $17,795 to $42,675. The investment amount itself does not change.
The new fees apply to filings postmarked on or after November 30. Petitions filed before that date are assessed under the current fees.
Bottom line
This week’s news points in one direction: the rules are being decided in real time, by judges, by the Supreme Court and by agency rulemaking.
That makes a plan built around a single court date a risk in itself. Your strategy should hold up whichever way these cases go. Start now by choosing the safest possible pathway for your situation, based on your background, your current status and your goals.
Shamayev Business Law offers a Free evaluation of your immigration case. Within 2 business days you will receive a clear assessment of your options and potential risks, based on your background, before the next deadline arrives.
This publication is provided for informational purposes only and does not constitute legal advice. It summarizes publicly available information as of October 5, 2026, which may not reflect subsequent changes. Reading this publication or contacting the firm through this website does not create an attorney-client relationship.
