The U.S. Department of State has announced a temporary pause on the issuance of immigrant visas (green cards from overseas) for nationals of 75 countries, effective January 21, 2026. The stated justification for this pause is for the government to review how immigrant visa applicants are evaluated under the “public charge” rules.
What is the public charge ground of inadmissibility?
The public charge ground of inadmissibility requires a consular officer or USCIS to determine whether an applicant is likely to become primarily dependent on the U.S. government for subsistence. It is most relevant in family-based immigrant visas and some employment-based cases where an affidavit of support is required, and under current regulations, the applicant is generally assessed based on their age, health, income/assets, education/skills, and whether they have a financial sponsor to provide support in the United States. In announcing this review, the government has indicated it wants stricter standards to apply to prevent new immigrants from receiving any public support at all.
Who is affected?
As a practical matter, the great majority of applicants for immigrant visas from abroad are applying through the family-based immigration system, meaning they are sponsored for immigration by a spouse or parent who is a United States citizen or green card holder, or more rarely, by a child or sibling who is a United States citizen.
This policy applies only to immigrant visas (green card processing through a U.S. embassy or consulate) for applicants who are:
- nationals of specific countries identified by the Department of State, and
- applying for an immigrant visa abroad (not adjustment of status in the U.S.)
Applicants from these countries may attend their visa interview, but their immigrant visa will not be issued for now, unless a very limited exception applies.
Countries Impacted by the Temporary Pause
The number of countries impacted by this announcement is extensive and spans multiple regions, underscoring the broad, but still targeted, nature of the pause.
The affected countries are:
| Afghanistan Albania Algeria Antigua and Barbuda Armenia Azerbaijan Bahamas Bangladesh Barbados Belarus Belize Bhutan Bosnia Brazil Burma Cambodia Cameroon Cape Verde Colombia | Cote d’IvoireCuba Democratic Republic of the Congo Dominica Egypt Eritrea Ethiopia Fiji Gambia Georgia Ghana Grenada Guatemala Guinea Haiti Iran Iraq Jamaica Jordan | Kazakhstan Kosovo Kuwait Kyrgyzstan Laos Lebanon Liberia Libya Macedonia Moldova Mongolia Montenegro Morocco Nepal Nicaragua Nigeria 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 |
Frequently Asked Questions
Below are answers to some of the most common questions we are receiving about this policy. While the announcement has raised understandable concerns, its scope is narrower than many initial headlines suggest.
Who is NOT affected?
This policy does NOT apply to nonimmigrant (temporary) visas, including but not limited to:
- Tourist and business visas (B-1/B-2)
- Student visas (F-1, M-1)
- Exchange visitor visas (J-1)
- H-1B specialty occupation workers
- L-1 intracompany transferees
- O-1 individuals of extraordinary ability
- E-1/E-2 treaty traders and investors
- TN professionals
- Dependent visas (H-4, L-2, O-3, etc.)
Nonimmigrant visa processing is expected to continue normally, and this policy does not affect travel, extensions, changes of status, or visa issuance for these categories.
Similarly, this policy was issued by the Department of State, not USCIS, and so does not directly affect applications for Adjustment of Status (obtaining a green card from inside the United States for those in a lawful immigration status).
What does “pause” mean?
A “pause” such as this means that immigrant visa interviews will still take place for those individuals already scheduled, and consular officers will review the application as usual. However, instead of issuing the immigrant visa, the officer will temporarily refuse the case under an administrative provision while the government completes further review. This is not a permanent denial.
Are there any exceptions?
Yes, but they are expected to be very limited and include dual nationals using a passport from a country not on the list may proceed normally, or in rare cases, applicants may qualify for a national interest exception.
What if a visa was already approved?
If an immigrant visa was approved but not yet issued, it will be placed on hold. Immigrant visas already issued and in the applicant’s possession remain valid. No previously issued visas are being revoked under this policy and remain valid for travel.
What should applicants and employers do now?
- Nonimmigrant visa holders: No action needed; your visa category is not affected
- Immigrant visa applicants abroad: Expect delays if you are from an affected country
- Employers: Work visa sponsorship (H-1B, L-1, etc.) is unaffected
- Adjustment of status: Filings inside the U.S. are not impacted by this policy. However, it is possible that USCIS may increase country-based screening in some adjustment of status cases, including requests for additional information tied to derogatory information checks or enhanced vetting. We will be closely monitoring the situation.
Key Takeaway
This is a narrow, temporary policy affecting only certain immigrant visas processed abroad. It does not impact temporary visas, employment-based nonimmigrant workers, tourists, students, or intracompany transferees.
We will closely monitor developments related to this policy and any further guidance issued by the relevant federal agencies. If you have questions about how this temporary pause may impact you or your family, please request a consultation with a Klasko attorney.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
© 2026 Klasko Immigration Law Partners, LLP. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Klasko Immigration Law Partners, LLP. For permission, contact info@klaskolaw.com.
