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The State Department announced that immigrant visa petitions for individuals from 75 countries will not be processed, effective January 21, 2026. Find the list of affected countries here. The explanation for this sweeping action is that the State Department needs time to undergo a comprehensive review of all relevant policy to ensure the United States [...]
The State Department announced that immigrant visa petitions for individuals from 75 countries will not be processed, effective January 21, 2026. Find the list of affected countries here.
The explanation for this sweeping action is that the State Department needs time to undergo a comprehensive review of all relevant policy to ensure the United States is not admitting people who will utilize public benefits, to the disadvantage of American citizens.
Citizens of the listed countries who are seeking permanent residence in the United States based on approved petitions the United States (legally known as "immigrants") will not be issued their visas until this policy is lifted or modified. However, visa petitions may still be submitted, and interviews may still be scheduled and attended. Currently valid immigrant visas are not affected by this announcement. There are two exemptions. The first applies to applicants with dual nationality, who may avoid this pause by applying with a passport from a country that is not affected by this policy. Secondly, an applicant may be exempt by showing that it is in the national interest for them to not be affected by this policy. This national interest exemption likely will be applied in very limited circumstances.
A Notice of Proposed Rulemaking in November 2025 was the forerunner of this policy. The proposed rule change is that USCIS would rescind the existing regulatory guidance regarding "public charge inadmissibility." Public charge inadmissibility means that visa applications may not be approved if the beneficiaries are likely to rely on government assistance. There are many safeguards preventing this. For instance, most family-based visa petitions must include evidence showing that a sponsor is willing and able to financially support the applicant. Public charge inadmissibility is clearly defined and consistently applied. The proposed rule change seeks to give immigration officers more discretion, allowing them to deny more people admission.
The recent State Department announcement also seeks to prevent people who will use public benefits from immigrating. It is currently unclear why these 75 countries are singled out, but the Administration will need to provide a quantifiable explanation in order for any future rule change to survive legal challenges. At the current time, it appears that it is a Department of State policy, meaning that it only applies to people who are processing immigrant visas at U.S. Embassies and Consulates overseas. We will monitor changes to this policy, especially regarding whether it expands to permanent residence petitions filed through USCIS.
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