Court Strikes Down 75-Country Visa Ban: Major EB-3 Win in 2026

On August 21, 2026, Judge Jeannette Vargas of the Southern District of New York issued a landmark ruling in Catholic Legal Immigration Network, Inc. v. Rubio, striking down the State Department's January 2026 policy that paused immigrant visa issuance to nationals of 75 countries. The court held that the policy was unlawful and exceeded Secretary of State Marco Rubio's statutory authority under the Immigration and Nationality Act (INA). The court found that the 75-country ban violated a foundational principle of U.S. immigration law: immigrant visa adjudications must be individualized. Under the INA, consular officers are required to assess each applicant's eligibility on a case-by-case basis. The January 2026 policy, by contrast, directed consular officers to deny immigrant visas to nationals of the listed countries regardless of individual eligibility — effectively replacing a case-specific system with a blanket nationality-based refusal rule. Central to the ruling was the court's analysis of 22 C.F.R. § 40.6, which states that a visa can be refused only on a ground specifically set out in law or implementing regulations. The government attempted to justify the policy under INA § 221(g), but the court rejected this interpretation, finding that § 221(g) permits refusal only when an applicant is determined individually ineligible — not as a mechanism for categorical denial by nationality. The court also found the INA explicitly prohibits nationality-based discrimination in immigrant visa issuance. For EB-3 applicants, this ruling is highly significant. Many of the 75 countries on the State Department's list include major EB-3 sending countries. The decision means consular posts must resume individualized processing rather than applying a blanket suspension, potentially unblocking thousands of stalled immigrant visa cases at U.S. embassies and consulates abroad. The ruling was issued as a facial challenge to the policy itself — not as a review of any individual denial — which means it applies broadly to all affected nationalities without requiring case-by-case litigation. EB-3 petitioners and their attorneys should monitor whether the government appeals the decision and whether any stay is sought, as the outcome could affect NVC scheduling and consular interview timelines in the coming months.