On January 14, 2026, the U.S. Department of State announced an indefinite pause on immigrant visa issuance for nationals of 75 countries, effective January 21, 2026. This policy change affects individuals pursuing lawful permanent residence (green cards) through consular processing abroad and represents one of the most significant shifts in U.S. immigration policy in recent years.
For foreign nationals from affected countries seeking to build their lives in the United States, understanding this immigrant visa pause, available exceptions, and alternative pathways forward is critical.
Understanding the Immigrant Visa Processing Pause
The Department of State has suspended the final issuance of immigrant visas for applicants from 75 designated countries while the agency conducts a comprehensive review of public charge screening and vetting procedures. According to the official State Department announcement, this pause is intended to ensure that immigrant visa applicants are financially self-sufficient and will not rely on public benefits upon entry to the United States.
What “Paused” Actually Means
The immigrant visa pause does not mean that consular processing has stopped entirely. Under current guidance published on the State Department’s travel website, U.S. embassies and consulates will continue to:
- Accept new immigrant visa applications
- Schedule visa interviews
- Conduct interviews with applicants
- Collect required documentation and fees
However, consular officers will not issue immigrant visas to nationals of the affected countries during the pause. Instead, cases are being placed in administrative processing under Section 221(g) of the Immigration and Nationality Act, with officers directed to identify any public charge inadmissibility under INA Section 212(a)(4).
The Department of State has not provided a timeline for when the pause will be lifted. The suspension will remain in effect indefinitely while the agency reassesses its vetting procedures related to public charge determinations.
The 75 Countries Affected by the Immigrant Visa Pause
The immigrant visa processing pause applies to nationals of the following countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
If you are a national of one of these countries and are pursuing permanent residence through consular processing abroad, your immigrant visa issuance is currently suspended.
What Types of Visas Are Affected?
The January 2026 pause applies exclusively to immigrant visas—those that lead to lawful permanent residence (green cards). This includes:
Family-Based Immigrant Visas
- Immediate relative categories (IR) for spouses, children, and parents of U.S. citizens
- Family preference categories (F-1, F-2A, F-2B, F-3, F-4)
- K-3 and K-4 visas (though processed as nonimmigrant visas, these lead to immigrant status)
Employment-Based Immigrant Visas
- EB-1 (Priority Workers)
- EB-2 (Advanced Degree Professionals)
- EB-3 (Skilled Workers, Professionals, Other Workers)
- EB-4 (Special Immigrants)
- EB-5 (Immigrant Investors)
Diversity Visa Lottery Winners
Diversity Visa (DV) program selectees from the 75 affected countries face particular challenges, as DV visas must be issued by the end of the fiscal year (September 30). The indefinite nature of this pause creates significant uncertainty for DV lottery winners.
What Is NOT Affected by This Pause
It is crucial to understand that the immigrant visa pause does not apply to:
Nonimmigrant Visas
Temporary visa categories remain unaffected and continue to be processed normally, including:
- B-1/B-2 visitor visas (business and tourist)
- F-1 and M-1 student visas
- H-1B specialty occupation workers
- L-1 intracompany transferees
- E-1/E-2 treaty traders and investors
- O-1 individuals with extraordinary ability
- TN NAFTA professionals
- J-1 exchange visitors
Adjustment of Status Applications
Foreign nationals already inside the United States who are applying for permanent residence through Form I-485 (Adjustment of Status) filed with U.S. Citizenship and Immigration Services (USCIS) are not directly affected by this consular processing pause.
However, applicants from certain countries may face separate holds under Presidential Proclamation 10998, which affects 39 countries and imposes additional review requirements on USCIS benefit applications. The 75-country immigrant visa pause and the 39-country USCIS hold are separate policies with different country lists and scopes.
Previously Issued Immigrant Visas
According to State Department guidance, no immigrant visas that were already issued have been revoked as part of this directive. If your immigrant visa was printed and delivered to you before January 21, 2026, it remains valid for entry to the United States, subject to its expiration date.
Public Charge Grounds of Inadmissibility: The Legal Basis
The immigrant visa pause is grounded in the public charge provision of U.S. immigration law, specifically INA Section 212(a)(4). This long-standing statutory ground of inadmissibility allows consular officers to deny visas to applicants who are likely to become primarily dependent on the U.S. government for subsistence.
What Is a Public Charge?
Under immigration law, a “public charge” refers to an individual who is likely to become primarily dependent on the government for support, as demonstrated by receipt of certain public benefits. The determination is highly fact-specific and considers the totality of circumstances, including:
- Age
- Health status
- Family status and household size
- Assets, resources, and financial status
- Education and skills
- English language proficiency
- Ability to work
Heightened Scrutiny Under Current Guidance
According to media reports citing internal State Department cables from November 2025, consular officers have been directed to apply a broader and more stringent interpretation of public charge factors. This guidance reportedly instructs officers to consider:
- A wider range of health conditions that might require future medical care
- Health conditions of non-applicant family members
- English language proficiency more heavily
- Age-related factors and long-term care needs
- Mental health considerations
While most immigrants are ineligible for federal public benefits, and lawful permanent residents face a five-year bar on most federal means-tested benefits, the State Department’s policy creates a presumption of public charge inadmissibility for nationals of the 75 affected countries.
Available Exceptions to the Immigrant Visa Pause
While the scope of this immigrant visa processing pause is broad, certain exceptions and exemptions may apply in limited circumstances.
Dual National Exemption
The most widely applicable exception is for dual nationals. According to the State Department’s official guidance, applicants who hold valid passports from countries not included on the 75-country list may apply for immigrant visas using those alternative passports and are exempt from the pause.
Example: If you are a national of both Nigeria (on the list) and the United Kingdom (not on the list), you may apply for your immigrant visa using your UK passport and avoid the processing pause.
This exemption applies only when the applicant applies with a passport from a non-affected country. The nationality itself does not disappear, but the administrative pause is passport-based rather than strictly nationality-based.
Adoption-Related Exception
Children being adopted by U.S. citizens qualify for a specific exception to the immigrant visa processing pause. According to State Department guidance published on February 2, 2026, families adopting children from the 75 affected countries should:
- Continue the normal adoption process
- Submit immigrant visa applications as usual
- Attend consular interviews
- Not take additional steps to request consideration for the exception
The adoption exception includes eligibility for a National Interest Exception pursuant to Presidential Proclamation 10998, where applicable. Adoption-related cases are being processed through interview and adjudication consistent with existing adoption procedures, and officers are instructed to consider these cases for exceptions automatically without requiring families to file separate waiver requests.
National Interest Exception
The State Department has indicated that national interest exceptions may be available in “very limited circumstances” for applicants whose admission to the United States is deemed to be in the national interest.
While the criteria for what constitutes a qualifying national interest have not been publicly detailed, historically such exceptions have been granted for:
- Individuals providing critical healthcare services
- Scientific researchers working on projects of national importance
- Those supporting law enforcement or national security operations
- Individuals whose work advances significant U.S. economic or diplomatic interests
National interest exceptions are discretionary and granted on a case-by-case basis. The burden is on the applicant to demonstrate that their admission serves substantial U.S. interests that outweigh the policy objectives of the pause.
What Happens If You Already Have a Scheduled Interview?
If you are a national of one of the 75 affected countries and have an immigrant visa interview scheduled, State Department guidance indicates that interviews will proceed as scheduled.
What to Expect at Your Interview
According to internal State Department cables, consular officers conducting interviews during the pause are instructed to:
- Conduct full interviews and assess each applicant thoroughly
- Identify any grounds of inadmissibility other than public charge first (such as criminal grounds under INA 212(a)(2), security grounds, fraud, etc.)
- Base any refusal on those alternative grounds if applicable
- If no other grounds of inadmissibility exist, identify the case as ineligible under INA 212(a)(4) (public charge) and place it in administrative processing under INA 221(g)
Should You Attend Your Interview?
This is a crucial strategic decision that should be made in consultation with an experienced immigration attorney based on your individual circumstances. Factors to consider include:
Reasons to attend:
- Building a complete record for your case
- Demonstrating your qualifications and financial self-sufficiency
- Getting your case as close to “ready for approval” as possible for when the pause lifts
- Avoiding the need to reschedule and potentially face longer delays later
Reasons to consider rescheduling:
- Avoiding a formal 221(g) refusal on your record
- Waiting for additional clarity on policy implementation
- Allowing time to strengthen your financial documentation
- Monitoring whether exceptions are being granted in practice
There is no one-size-fits-all answer. The decision depends on the strength of your case, your timeline pressures, and your tolerance for uncertainty.
Required Documentation
State Department guidance indicates that applicants must bring all required documents to their interviews, including medical examinations and any necessary police certificates or court records. Do not assume that because final adjudication is paused, certain documents can be submitted later.
Alternative Pathways and Strategic Considerations
For individuals affected by the immigrant visa pause, exploring alternative pathways to achieving your immigration goals is essential.
Adjustment of Status for Those Already in the U.S.
If you are currently in the United States in valid nonimmigrant status, you may be able to pursue permanent residence through the Adjustment of Status process rather than consular processing. Form I-485 is filed with USCIS, not processed at a U.S. embassy abroad, and therefore is not subject to the State Department’s immigrant visa pause.
Important considerations:
- You must be in valid nonimmigrant status or otherwise eligible to adjust status
- You must have an immigrant visa petition (Form I-130 or I-140) approved on your behalf
- You must have a current priority date (an immigrant visa number must be immediately available)
- Certain nonimmigrant categories (such as F-1 students on J-1 exchange visitors with two-year home residency requirements) may face additional restrictions
Be aware that USCIS issued a separate “hold and review” policy on January 1, 2026, affecting applications from nationals of 39 countries under Presidential Proclamation 10998. While this is a different list than the 75 countries subject to the immigrant visa pause, there is some overlap. Consult with an immigration attorney to understand how both policies may affect your case.
Maintaining or Obtaining Nonimmigrant Status
While pursuing permanent residence is on hold, maintaining or obtaining valid nonimmigrant status can allow you to remain in or travel to the United States legally:
H-1B Specialty Occupation Workers: If you have specialized skills and a U.S. employer sponsor, H-1B status provides work authorization for up to six years and allows dual intent (the ability to pursue permanent residence while in temporary status).
L-1 Intracompany Transferees: For executives, managers, or specialized knowledge employees of multinational companies, L-1 status enables transfer to a U.S. office.
O-1 Individuals with Extraordinary Ability: Demonstrating extraordinary ability in sciences, arts, education, business, or athletics may qualify you for O-1 status.
E-2 Treaty Investors: Nationals of countries with qualifying treaties may be able to invest in and develop a U.S. business to obtain E-2 status.
These nonimmigrant categories can provide legal status and work authorization while you await the lifting of the immigrant visa pause, though they do not themselves lead to permanent residence.
Strengthening Your Public Charge Case
Regardless of which path you pursue, the heightened focus on public charge means that demonstrating financial self-sufficiency is more critical than ever. Steps to strengthen your case include:
Financial Documentation:
- Maintain three years of tax returns showing consistent income
- Build substantial savings and provide bank statements documenting assets
- Obtain property valuations for real estate or business ownership
- Secure high-paying job offers with detailed offer letters
Affidavits of Support:
- Ensure U.S. sponsors have income well above 125% of poverty guidelines
- Consider joint sponsors if primary sponsor’s income is marginal
- Document sponsor’s assets if they will be used to meet requirements
Education and Employability:
- Document educational credentials with evaluations
- Prepare detailed resumes showing career progression and skills
- Obtain letters from employers confirming employment and income
- Demonstrate English language proficiency
Health and Age Factors:
- Obtain comprehensive medical examinations showing good health
- Provide evidence of health insurance or ability to pay for medical care
- For older applicants, document retirement savings and long-term financial planning
The standard for overcoming public charge concerns is significantly higher under current policy. Generic documentation that might have sufficed in the past will likely be insufficient now.
Timeline and Duration: What We Know and Don’t Know
The most challenging aspect of the immigrant visa pause for affected families and employers is the indefinite timeline. The State Department has not provided any date or timeframe for when the pause will be lifted or when the policy review will be completed.
Historical Context
Previous travel bans and visa processing pauses have lasted anywhere from several months to several years. The original travel ban issued in 2017 underwent multiple iterations and court challenges before being superseded by subsequent policy changes. While each situation is unique, affected individuals should prepare for the possibility of a lengthy pause.
Monitoring for Changes
The State Department has indicated it will provide updates as the policy review progresses. Key sources for official information include:
- travel.state.gov – Official State Department travel and visa information
- USCIS.gov – U.S. Citizenship and Immigration Services updates
- Federal Register – Official government rule-making and policy announcements
- U.S. Embassy websites – Local consular post guidance
How Ahluwalia Law Offices Can Help
At Ahluwalia Law Offices, we understand the uncertainty and stress that immigration policy changes create for foreign nationals and their families. Our experienced Texas immigration attorneys are closely monitoring developments related to the immigrant visa pause and are prepared to help you navigate these complex waters.
Our Services Include:
Case Evaluation: We provide individualized assessments of your situation to determine how the immigrant visa pause affects your specific case and what options are available to you.
Strategic Planning: Whether you need to pursue adjustment of status, explore nonimmigrant visa alternatives, or strengthen your public charge documentation, we develop tailored strategies aligned with your goals.
Consular Processing Support: For those proceeding with scheduled interviews, we help prepare comprehensive documentation packages and interview preparation to present the strongest possible case.
Dual Nationality Analysis: If you may qualify for the dual national exemption, we assess your eligibility and guide you through the process of applying with an alternative passport.
Policy Updates: Immigration law is rapidly evolving. We keep our clients informed of the latest policy changes and how they may impact pending or future applications.
As a legacy Texas immigration law firm serving foreign nationals, visa holders, and foreign investors throughout the United States, Ahluwalia Law Offices has the experience and dedication to guide you through even the most challenging immigration matters.
Frequently Asked Questions About the Immigrant Visa Pause
Q: I am from one of the 75 countries but I’m already in the U.S. on an H-1B visa. Does this affect me?
A: The immigrant visa pause applies only to consular processing abroad. If you are in the United States and eligible to file Form I-485 for adjustment of status with USCIS, you are not directly affected by this State Department policy. However, you should be aware of the separate USCIS hold policy for 39 countries under Presidential Proclamation 10998, which may affect your adjustment application if your country is on that list.
Q: My spouse is a U.S. citizen. Can they still petition for me?
A: Yes. U.S. citizens can still file Form I-130 (Petition for Alien Relative) on behalf of family members. The petition filing process with USCIS is not affected. However, if you are abroad and need to go through consular processing for your immigrant visa, the final visa issuance will be paused if you are from one of the 75 affected countries.
Q: What if I win the Diversity Visa lottery?
A: DV lottery winners from the 75 affected countries face significant challenges, as Diversity Visas must be issued by September 30 of the relevant fiscal year. The indefinite nature of the pause creates substantial uncertainty. DV selectees should consult with an immigration attorney immediately to understand their limited options.
Q: Can I switch my case from consular processing to adjustment of status?
A: In some circumstances, yes. If you are in the United States in valid status and meet the requirements for adjustment of status, it may be possible to request that your approved immigrant petition be transferred from the National Visa Center back to USCIS for domestic processing. This process is complex and requires careful evaluation of your specific situation.
Q: I already paid my visa fees. Will I get a refund?
A: The State Department has not indicated that automatic refunds will be issued. If your case remains in administrative processing under 221(g), fees are typically not refunded. Contact the National Visa Center or your local embassy for guidance on your specific case.
Q: Does this affect visa renewals?
A: No. The pause applies to new immigrant visa issuance. If you already have a green card and are traveling, your lawful permanent resident status is not affected by this policy.
Looking Ahead: Preparing for an Uncertain Future
The immigrant visa processing pause for 75 countries represents a significant challenge for foreign nationals seeking to build their lives in the United States. While the immediate impact is a suspension of visa issuance, the broader implications for family unity, employer recruitment, and the U.S. immigration system are substantial.
For those affected, the key is to remain proactive rather than reactive:
- Stay informed about policy developments from official government sources
- Consult with experienced immigration counsel to understand your options
- Strengthen your documentation to demonstrate financial self-sufficiency
- Explore alternative pathways including adjustment of status and nonimmigrant visas
- Make strategic decisions about whether to proceed with scheduled interviews
At Ahluwalia Law Offices, we are committed to helping foreign nationals navigate the complexities of U.S. immigration law. As a Texas-based immigration law firm with deep experience serving clients from around the world, we understand both the legal intricacies and the human impact of policies like the immigrant visa pause.
If you or your family members are affected by the 75-country immigrant visa processing suspension, we encourage you to contact our office for a consultation. Together, we can assess your situation, develop a strategic plan, and work toward achieving your immigration goals despite the challenges.
