In January 2026, the U.S. government implemented a significant change affecting many families and employers waiting for immigrant visas. The U.S. Department of State announced a pause on issuing immigrant visas for nationals of certain countries, and this policy has already caused confusion, delays, and hardship for many applicants.

What is the immigrant visa pause?

As of January 21, 2026, U.S. embassies and consulates were instructed to stop issuing immigrant visas to nationals of 75 designated countries. This pause applies primarily to people applying for lawful permanent residence (green cards) through consular processing abroad, including:

  • Family‑based immigrant visas (spouses, children, parents of U.S. citizens or permanent residents)
  • Employment‑based immigrant visas

Importantly, this pause does not cancel approved petitions (such as approved I‑130 or I‑140 petitions). Instead, it halts the final step of the process: the actual issuance of the immigrant visa at a U.S. consulate.

There is no announced end date for the pause.

Who is affected?

You may be affected if:

  • You are applying for a green card through a U.S. embassy or consulate, and
  • You are a national of one of the affected countries:

    Countries Impacted by the Immigrant Visa Pause

    • 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
    • Yemen

Some key points to keep in mind:

  • Nonimmigrant visas (such as tourist visas, student visas, and many temporary work visas) are not currently subject to this pause.
  • Adjustment of status applications (Form I‑485) filed inside the United States with USCIS are not formally paused, although processing trends can change.
  • Dual nationals may be exempt if they are applying using a passport from a country not on the list.
  • Certain narrow exceptions may exist, but they are limited and discretionary.

Even applicants who already completed interviews or were otherwise documentarily qualified may find their cases placed on hold.

Why did the government implement this pause?

The Department of State has stated that the pause is tied to concerns about “public charge”—a concept in immigration law that allows the government to deny permanent residence if it believes a person is likely to become primarily dependent on government assistance in the future.  However, public charge determinations are supposed to be individualized, meaning each applicant’s circumstances are reviewed based on factors like income, health, family support, and the affidavit of support from a sponsor.  Because the current pause is based on nationality, rather than through individualized assessments, the current pause raises legal concerns.

Is the pause being challenged in court?

Yes. Multiple lawsuits have already been filed, and the issue is now being actively litigated in federal court.

The primary case is CLINIC v. Rubio, filed in early February 2026 in federal court in New York. The plaintiffs include U.S. citizens, lawful permanent residents, and immigration advocacy organizations.

The lawsuits argue that the immigrant visa pause is unlawful because:

  • U.S. immigration law generally prohibits discrimination in immigrant visa issuance based on nationality
  • The government cannot impose a blanket pause where the law requires case‑by‑case adjudications
  • The policy was implemented without proper public notice or rulemaking, in violation of federal administrative law

As of now, no court has stopped the policy, and the pause remains in effect while the cases proceed.

What does this mean for families and applicants right now?

Unfortunately, it means uncertainty.

Many families are experiencing prolonged separation, even after doing everything required by law. Employers may also face delays in bringing permanent workers to the United States. While litigation is ongoing, court cases can take time, and outcomes are never guaranteed.

That said, these lawsuits are significant. Courts have, in the past, limited or blocked immigration policies that conflict with statutory protections or procedural requirements. The pending litigation creates a real possibility of change, but no immediate relief is guaranteed.

What should affected applicants do?

Every case is different, but some general guidance includes:

  • Do not abandon your case. Approved petitions remain valid.
  • Continue monitoring your case status and any communications from the National Visa Center or the consulate.
  • Preserve documentation, especially evidence related to financial support and public charge factors.
  • Consult with an experienced immigration attorney before taking action, especially if you are considering travel, alternative visa options, or litigation.

In some situations, individual legal action—such as a mandamus or APA lawsuit—may be appropriate, but this depends heavily on the facts of the case.

Our commitment to our clients

We understand how stressful and unfair these delays feel, especially when families have followed the rules and waited patiently. While no attorney can guarantee outcomes, our role is to keep you informed, advocate when possible, and help you navigate uncertainty with clear and honest guidance.

We are closely monitoring the litigation and policy developments and will continue to update our clients as the situation evolves.

If you believe you or a loved one may be affected by the immigrant visa pause, or if you have questions about your specific case, we encourage you to contact our office to discuss your options.