LPY Law Group
DOS Will Pause Immigrant Visa Processing for 75 Countries
On January 14, 2026, the U.S. Department of State (DOS) announced a major update affecting immigrant visa applicants from dozens of countries. First and foremost, this announcement applies only to immigrant visa processing conducted overseas at U.S. embassies and consulates. It is a DOS directive, not a USCIS policy change.
Beginning January 21, 2026, DOS will pause the issuance of immigrant visas to foreign nationals from 75 countries identified as having a higher risk of using public benefits in the United States. This is part of a full review of government policies, regulations, and guidance to ensure that immigrants must be financially self-sufficient and not become a public charge or financial burden on U.S. taxpayers. While this review is underway, DOS will continue processing applications but will not issue immigrant visas to affected nationals.
This pause applies broadly to family-based and employment-based immigrant visas processed at U.S. embassies and consulates abroad. Immigrant visa issuance is paused for 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.
The DOS answered several Frequently Asked Questions
Will Immigrant Visa Interviews Still Take Place?
Yes. The Department of State has clarified that applicants from affected countries may still submit immigrant visa applications. Immigrant visa interviews will continue to be scheduled and conducted, but no immigrant visas will be issued to nationals of listed countries during the pause. This means applicants may complete consular processing but remain in a pending status until the pause is lifted.
Are There Any Exceptions?
Dual nationals are exempt if they apply using a valid passport from a country not included on the list. Applicants with multiple citizenships should carefully evaluate which passport is used for immigrant visa processing.
Does This Affect Existing Visas?
No. The DOS has stated that no immigrant visas have been revoked as part of this guidance. Admission decisions for individuals who already hold valid visas fall under the authority of the Department of Homeland Security (DHS).
Does This Apply to Tourist or Other Nonimmigrant Visas?
No. This pause applies only to immigrant visas for individuals seeking to enter the United States for permanent resident status (i.e., green card). It does not affect tourist visas, student visas, work visas, or other nonimmigrant visas. Nonimmigrant visa processing remains subject to existing DOS and DHS procedures.
Equally important, this announcement does NOT affect applications filed with the U.S. Citizenship and Immigration Services (USCIS) inside the United States, including Form I-140 (Immigrant Petition for Alien Worker), Form I-485 (Adjustment of Status), Form I-129 (H-1B, L-1, O-1, etc.), Form I-539 (Change/Extension of Status), Form I-765 (Employment Authorization), Form I-131 (Advance Parole), etc.
Applicants already in the United States who are eligible to file or who have filed for adjustment of status remain unaffected by this DOS action. For many applicants, particularly employment-based beneficiaries, this distinction can be decisive. In some cases, adjustment of status may remain a viable path forward, even while consular issuance is paused. We caution, however, that the USCIS may adopt similar policies in the future, as we have seen them do with previous travel bans and adjudication holds for other countries.
Finally, this DOS action is procedural, not statutory, and similar pauses in the past have evolved through additional guidance, exceptions, or legal challenges. As such, early legal planning remains essential.
LPY Law Group continues to closely monitor developments and will provide timely updates as the DOS releases further clarification.
If you have a pending immigrant visa case, an approved I-140, or questions about whether this announcement affects your situation, we strongly recommend seeking individualized legal guidance. Please email us at contact@niwus.com to schedule a consultation.
This article is for informational purposes only and does not constitute legal advice.
