Court Blocks Green Card Ban: 75-Country Immigrant Visa Suspension Struck Down

A federal court in New York has struck down a sweeping immigration policy that had suspended immigrant visa processing for nationals of 75 designated countries since January 2026. The court ruled that the State Department exceeded its statutory authority by imposing a blanket nationality-based restriction, finding that U.S. immigration law requires individual adjudication of each applicant's circumstances rather than categorical denial by country of origin. The policy, implemented in early 2026, directed U.S. consulates worldwide to halt issuance of immigrant visas — including both family-based and employment-based categories — to applicants from the 75 affected countries. The stated justification was a concern that nationals from those countries posed a higher risk of becoming reliant on public benefits, a rationale the court found legally insufficient to support a blanket ban. For EB-3 and other employment-based applicants from affected countries, the ruling is significant. The court's order vacates the policy entirely and directs the government to cease applying it when adjudicating pending immigrant visa applications. Applicants who were previously refused solely on the basis of nationality may also be eligible for reconsideration of their cases. The Biden-era public charge framework and individual review standards are effectively restored under this ruling. Consular officers must now evaluate each applicant's specific financial circumstances, employment history, and other eligibility factors rather than applying a nationality-based screen. The Administration is widely expected to appeal the decision, and a higher court could issue a stay that reinstates the suspension while litigation continues. Applicants from affected countries should monitor developments closely and consult with an immigration attorney before taking action, as the legal landscape may shift further in the coming weeks.