Can Indians Apply for the US Green Card Lottery (DV-2028)?

Published 2026-11-05 · 7 min read · By the Travlys visa team

India is on the Diversity Visa ineligible list, and DV-2028 registration has not opened. Here is what is confirmed as of 5 November 2026, the spouse and parent exceptions, and realistic alternatives.

No, not if you were born in India. India is on the list of countries whose natives cannot enter the US Diversity Visa (green card) lottery, because more than 50,000 Indian natives immigrated to the US through family and employment categories in the previous five years. On top of that, as of 5 November 2026 the State Department has not opened registration or announced any dates for DV-2028, and the DV-2027 lottery has not run either. The only openings for an Indian-born person are the official exceptions: claiming a spouse's country of birth, or in rare cases a parent's.

At a glance: Born in India: not eligible for the DV lottery (India is on the ineligible list in the latest published instructions, DV-2026). Reason: more than 50,000 Indian natives immigrated to the US in the previous five years. DV-2028 registration: not open; no dates announced as of 5 November 2026. DV-2027: registration never opened; a court order to open it by 1 November 2026 was stayed on appeal on 29 October 2026. Exceptions: spouse's country of birth, or a parent's country of birth if neither parent was born in or resident of India when you were born. New rules for the next entry: valid passport details and a passport scan (rule in force since 10 April 2026), plus a USD 1 registration fee (rule in force since 16 September 2025). Only official website: dvprogram.state.gov. Selectee visa fee (if picked): USD 330.

Can Indians apply for the DV-2028 green card lottery?

Most Indians cannot. Eligibility depends on your country of birth, not your passport or where you live, and India has been on the ineligible list for many years. Even for people who do qualify, there is nothing to apply for yet, because DV-2028 registration has not opened.

Why India is not eligible

The Diversity Visa programme exists for people from countries with low immigration to the US. US law treats a country as "high admission" if more than 50,000 of its natives immigrated in family-sponsored and employment-based categories over the previous five years. The Department of Homeland Security recounts this every year, so the list can change.

The DV-2026 instructions, published in the Federal Register on 1 October 2024, list India among the ineligible countries, along with Bangladesh, Pakistan, China, the Philippines, Vietnam, Nigeria, Brazil, Canada, Mexico and others. No DV-2027 or DV-2028 instructions have been published, so no newer list exists. India coming off the list would be a surprise, but check the instructions once they are released.

DV-2028 and DV-2027 status on 5 November 2026: what is confirmed

What the State Department has said

On 5 November 2025 the State Department posted that it is "implementing certain changes" to the DV entry process and would announce the DV-2027 registration start date "as soon as practicable". It said the visa application window for DV-2027 selectees stays 1 October 2026 to 30 September 2027. On 23 December 2025 it paused all diversity visa issuances after a shooting suspect was found to have entered the US through the programme. No DV-2027 or DV-2028 registration dates have been announced since.

The court case

A law firm, Red Eagle Law, sued to force the lottery open. On 14 October 2026 a federal judge in the Southern District of California ordered the State Department to announce DV-2027 registration details by 29 October and open registration by 1 November 2026. On 29 October 2026 the Ninth Circuit Court of Appeals stayed that order while the government's appeal continues, according to Bloomberg Law and the law firm Fragomen. So DV-2027 registration did not open on 1 November. A separate lawsuit reported by Newsweek asks a court to order 30-day registration windows for both DV-2027 and DV-2028.

Clearing up conflicting reports

• "DV-2028 entry ran 2 October to 4 November 2026": we found no official notice of this. The State Department has published no DV-2028 dates. Treat any page saying so as wrong.
• "A judge ordered the lottery reopened by 1 November": true, but that order was for DV-2027, not DV-2028, and it has been stayed on appeal.
• "No DV-2027 or DV-2028 dates announced": this is still the position as of 5 November 2026.
• DV-2027 results: none exist. The State Department has not said when Entrant Status Check results might be available, and no one has been selected for DV-2027.

New rules for the next entry period

Two rules are already law and should apply whenever registration next opens.

• Passport required: a final rule effective 10 April 2026 requires every entrant to give valid, unexpired passport details and upload a scan of the passport's biographic and signature page, unless an exemption applies.
• USD 1 entry fee: a final rule effective 16 September 2025 adds a USD 1 fee to register, collected through an authorised US government payment portal at the time of entry. Earlier lotteries were free to enter. The USD 330 Diversity Visa application fee for selectees is separate.

Both rules confirm what scam sites get wrong: the official entry cost is USD 1, not thousands of rupees.

The exceptions: when an Indian-born person can enter

The official instructions allow exactly three ways to choose your country of chargeability: your own country of birth, your spouse's, or in limited cases a parent's. If you were born in India, only the second and third can help.

Your spouse's country of birth

If your husband or wife was born in an eligible country, you can enter the lottery charged to that country. The catch: you both must be named on the selected entry, both be found eligible and issued diversity visas, and enter the US together. So this works only if your spouse is immigrating with you on a DV. If your spouse is already a US citizen or green card holder, it does not help.

A parent's country of birth

You can claim the country of birth of either parent if neither parent was born in India and neither was resident in India at the time of your birth. The instructions say people simply visiting, studying or temporarily working in a country are not generally considered residents. Example: you were born in Chennai while both your parents, born in an eligible country, were in India on a short work posting. If your parents had settled in India, this route is closed. You must explain any alternate chargeability on the entry form, and listing a country you cannot prove disqualifies you.

What does not count

• A foreign passport: an Indian-born person who became a Canadian or British citizen is still charged to India.
• Living abroad: residence in the UAE, UK or anywhere else does not change your country of birth.
• Grandparents' birthplace: only your own, your spouse's or your parents' country of birth can be used.
• Education requirement: you also need a high school education (12 years of schooling) or two years of qualifying work experience in the last five years.

Scams and fake "lottery agents"

Every year, Indians are targeted by websites and agents selling "green card lottery registration". Remember these points from the official instructions:

• Entries are accepted only at dvprogram.state.gov. Official US government sites end in .gov.
• The US government never emails or posts letters to tell you that you have won. Results are only on Entrant Status Check.
• The State Department will never ask you to send money by mail or by Western Union.
• Do the entry yourself. Dishonest agents keep the confirmation number and then demand money. Without that number you cannot check your result.
• Only one entry per person is allowed. Multiple entries disqualify you.
• Right now there is nothing to register for, so anyone taking money for DV-2028 entry today is not acting for the US government.

Realistic routes for Indians who want to live or work in the US

None of these is a lottery shortcut, and none is guaranteed. Each has its own costs and long timelines.

• Study (F-1): the most common route for young Indians. You need admission to a SEVP-certified US institution and proof of funds. Post-study work rules such as OPT are under review.
• Work (H-1B): needs a US employer and a lottery-based cap selection. A presidential proclamation of 18 September 2026 extended the USD 100,000 payment for new H-1B petitions for workers outside the US until 21 September 2027, though law firm reports say court orders currently stop USCIS from collecting it. Selection is now weighted towards higher wage levels.
• Employment green cards (EB-1, EB-2, EB-3, EB-5): Indian-born applicants face some of the longest waits because of per-country limits. The State Department has posted notices that India reached its limit in EB-2 and the EB-5 unreserved category. Check the monthly Visa Bulletin.
• Family sponsorship: possible if a close relative is a US citizen or green card holder, but queues for Indian-born applicants can run for years.

Speak to a licensed US immigration attorney before you commit money to any of these routes.

If you only want to visit: the B1/B2 visa

Many people searching for the green card lottery really want to visit family or travel. For that you need a B1/B2 visitor visa, a separate process with a DS-160 form, a fee and an interview. Our posts on US visa changes in 2026, the US visa integrity fee and appointment wait times cover the current rules.

How Travlys helps

Travlys does not file green card or DV lottery entries, and you should never pay anyone to do that. What we do file is the US B1/B2 visitor visa, from ₹19,940 service fee (government fees extra), with 5,000+ visas filed and a 98% approval rate. We check your DS-160 and documents and prepare you for the interview. Use our visa checker at travlys.com/visa-checker/ for other countries, or message us on WhatsApp at +91 82009 18967.

Last checked: Rules in this guide were checked on 5 November 2026 against the sources listed below, including the Federal Register (DV-2026 instructions, the passport rule and the USD 1 fee rule) and State Department notices. travel.state.gov and dvprogram.state.gov blocked automated access that day, so State Department notices were read from archived copies and court developments from Bloomberg Law and Fragomen. Check dvprogram.state.gov yourself before acting on any date.