Immigration Law
Immigrant visa processing has entered a new and highly consequential phase. Beginning January 21, 2026, the U.S. government will pause the issuance of immigrant visas for nationals of a long list of countries deemed at higher risk of public benefits usage. This development has immediate and serious implications for families, employers, and individuals pursuing lawful permanent residence through consular processing.
I am writing this update to explain what this pause means in practice, who is affected, what exceptions exist, and how applicants should respond strategically. The guidance comes directly from the U.S. Department of State and reflects a broader policy emphasis on financial self-sufficiency and public charge enforcement.
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The current administration has made clear that immigrants seeking permanent residence must demonstrate that they will not become a financial burden on the United States. As part of this effort, the U.S. Department of State is conducting a comprehensive review of policies, regulations, and guidance related to public benefits usage.
As a result of this review, the Department of State announced a temporary pause on immigrant visa issuances for nationals of certain countries while enhanced scrutiny and policy reassessment are underway. Importantly, this is not a change in statute, but rather a processing and issuance pause implemented through consular operations.
You can review the official announcement directly on the Department of State’s website.
Effective January 21, 2026, immigrant visas will not be issued to nationals of the following countries during the 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, and Yemen.
This list is extensive and includes countries that are common sources of both family-based and employment-based immigrant visa cases.
A critical point many applicants misunderstand is this:
Immigrant visa processing is not cancelled.
Nationals of affected countries:
However, no immigrant visa will be issued during the pause, even if the interview is otherwise successful.
In practice, this means many cases will likely be placed in administrative processing or held in a pending status until further guidance is issued.
No. This pause applies only to immigrant visas, such as:
Tourist visas, student visas, work visas, fiancée visas and other temporary classifications are nonimmigrant visas and are not covered by this policy.
Applicants should not assume that a B-1/B-2 tourist visa or other nonimmigrant visa is automatically impacted by this announcement.
Yes, and this exception is extremely important.
Dual nationals are exempt from the pause if they apply using a valid passport from a country not on the affected list.
In appropriate cases, dual nationality can be a decisive factor. Applicants who qualify for this exception must ensure that:
This is a highly technical area, and mistakes in passport selection or documentation can result in unnecessary delays.
No. According to the Department of State:
For questions about admission to the United States or the validity of an already issued visa, applicants are referred to the Department of Homeland Security. Consular guidance alone does not cancel or revoke previously issued visas.
This immigrant visa processing pause reflects a significant policy action, not a routine procedural delay. For nationals of affected countries, immigrant visa cases are not subject to heightened scrutiny—they are temporarily and indefinitely paused, with no immigrant visas being issued during this period. Applicants should not assume that pending cases will move forward under normal timelines.
Individuals impacted by this pause should consider scheduling a consultation with an experienced immigration attorney to evaluate whether any exceptions apply, to assess alternative strategies, and to monitor whether future policy changes or court action alter the current landscape. In some situations, initiating or continuing an immigrant visa process may still be appropriate, particularly given the possibility that this pause could be lifted or enjoined in the future.
If you need experienced legal guidance for your immigration case, contact me at SG Legal Group. My team and I will help you assess your options and stay informed as this policy develops. Consultations are available in English, Russian, or Romanian. Call 410-618-1288 or visit our Contact page to schedule a consultation.
This article provides general information and is not legal advice. For advice about your specific situation, please contact me directly.
Oleg Gherasimov, Esq.
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