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Important Information and Updates Concerning Immigration Law

State Department Pausing Immigrant Visa Issuance Citizens of 75 Countries: What You Need to Know

On January 14, 2026, the U.S. Department of State announced a significant policy update affecting immigrant visa processing for nationals of 75 countries identified as being at “high risk of public benefits usage.” The update introduces a pause on the issuance of immigrant visas for affected nationalities while the government conducts a broader review of its public-charge–related policies.

Below is a summary of what this update means in practice.

What Is Changing?

Effective January 21, 2026, the Department of State will pause the issuance of immigrant visas to applicants who are nationals of the countries listed below. This pause applies only to immigrant visas issued by U.S. consulates abroad.

The stated purpose of the pause is to allow the government to review current policies, regulations, and guidance to ensure that immigrants entering the United States are financially self-sufficient and do not rely on public benefits.

Affected Countries

The pause applies to immigrant visa applicants who are 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.

Key Points to Understand

1. Interviews Will Still Take Place

According to the State Department, immigrant visa applicants from the affected countries may still submit applications and attend consular interviews. The Department of State will continue scheduling interviews as usual. However, no immigrant visas will be issued during the pause, even after a successful interview.

2. This Is a Pause - Not aN IMMIGRANT VISA Denial Policy

This update does not mean that affected cases are being denied. Cases will be placed on hold pending the completion of the Department of State’s policy review.

3. Dual Nationals ARE Exempt

Applicants who hold dual nationality and apply using a valid passport from a country not on the list are exempt from this pause.

4. Existing Visas Are Not Revoked

No previously issued immigrant visas have been revoked as a result of this guidance. Questions regarding admission to the United States with a valid visa fall under the authority of the Department of Homeland Security (DHS) that has not issued any new guidance.

5. Nonimmigrant Visas Are Not Affected

It is important to note that this suspension applies to immigrant visas only (the recipients of immigrant visas become lawful permanent residents upon admission to the U.S.) This pause applies only to immigrant visas. Tourist visas and other nonimmigrant visa categories, including work visas, H-1Bs, O-1s, L-1s, F-1s, J-1s, etc. are not suspended by this update.

What This Does Not Affect

  • Adjustment of Status (AOS) applications or green card applications filed within the United States are not covered by this announcement.

  • USCIS processing of Adjustment of Status Applications submitted inside the U.S. has not changed as of now.

  • No new public-charge standards or evidentiary requirements have been formally announced at this time.

If any future policy changes affect Adjustment of Status cases, USCIS would need to issue a separate, formal update.

Practical Takeaway

For now, this policy is best understood as a temporary but indefinite in length pause in consular immigrant visa issuance. Many cases will simply remain pending until the Department of State completes its review and provides further guidance.

Applicants who are eligible to pursue immigration benefits from within the United States should carefully evaluate their options, as consular processing currently carries increased uncertainty for affected nationalities.

What Happens Next?

It remains to be seen how long the Department of State will suspend immigrant visa issuance for the identified countries, as well as what the agency’s revised public charge review guidance may ultimately include once the policy review is completed.

Immigrant visa applicants from affected countries should closely monitor communications from the Department of State or the National Visa Center regarding their cases. Although visa issuance is paused, case processing will continue, including document collection and interview scheduling.

Nonimmigrant visa applicants (such as visitors, students, or temporary workers) from the listed countries should also be aware that, while no suspension has been announced for nonimmigrant visas, consular officers may apply heightened public charge scrutiny in adjudicating those applications, consistent with the Administration’s stated policy objectives.

What Is “Public Charge,” and Why Does It Matter Here?

The concept of public charge is longstanding in U.S. immigration law. A visa applicant may be found inadmissible if, in the opinion of the adjudicating officer, the applicant is likely to become primarily dependent on the U.S. government for subsistence at any time after admission.

Under the current regulatory framework, a public-charge determination generally focuses on whether an applicant is likely to rely on:

  • Public cash assistance for income maintenance (such as SSI, TANF, or state and local cash aid), or

  • Long-term institutionalized care at government expense, such as placement in a nursing facility.

Public charge is assessed based on the totality of the circumstances, including age, health, family status, assets and financial resources, education and skills, and an affidavit of support.

November 2025 Internal State Department Guidance

In November 2025, the Department of State reportedly issued a new internal cable to consular officers providing more expansive public charge review guidance. This guidance was not publicly released and became known only through media reporting and professional organizations that released Unofficial Cable on Public Charge.

According to the reported cable, consular officers were instructed to apply heightened and more detailed public charge analysis across both:

  • Immigrant visa (IV) applications, and

  • Nonimmigrant visa (NIV) applications.

The guidance emphasized a comprehensive and forward-looking review, considering not only formal eligibility requirements but also broader indicators of self-sufficiency, including:

  • Health conditions requiring long-term or expensive care

  • Family composition and dependents

  • Liquidity and availability of assets

  • Employment prospects and English-language proficiency

  • Prior reliance on public or private assistance, including outside the United States

The cable underscored that public-charge determinations are discretionary, made “in the opinion of the consular officer,” and that the burden of proof always remains on the applicant. It also indicated that this guidance would be incorporated into future updates to the Foreign Affairs Manual (9 FAM) and consular training materials.

How This Relates to the January 2026 Visa Issuance Pause

The January 2026 announcement should be understood in this broader public-charge context.

The Department of State has stated that the pause is intended to allow time for a review of existing public charge–related policies and practices. The pause does not mean that affected cases will be denied; rather, it means that visa issuance is temporarily suspended while the review is ongoing.

Final Thoughts

It remains unclear how long the Department of State will maintain this suspension or what the final outcome of the public-charge policy review will be. Applicants should be prepared for longer timelines and remain attentive to official communications.

We will continue to monitor developments closely and provide updates as additional official guidance is released.