DOS Pauses Immigrant Visas for Nationals of 75 Countries Over Public Charge Review

On January 14, 2026, the Department of State (DOS) announced a temporary pause on the issuance of immigrant visas for nationals of 75 countries, effective January 21, 2026. The stated reason is a government review of how applicants are evaluated under 'public charge' rules — standards used to determine whether an immigrant is likely to rely on government assistance. The pause applies exclusively to consular processing at U.S. embassies and consulates abroad, and does not affect adjustment of status applications filed inside the United States. For EB-3 applicants, the practical impact depends on where they are in the process. Those already in the U.S. on a work visa pursuing adjustment of status are unaffected and may continue their cases normally. However, EB-3 applicants from one of the 75 listed countries who are processing their immigrant visa through a U.S. consulate abroad — including many skilled workers, professionals, and unskilled workers sponsored under the EB-3 category — will attend their interviews but will not receive visa issuance until the pause is lifted. No immigrant visas have been revoked under this guidance. Immigration attorney Cyrus Mehta and other legal experts have criticized the public charge justification as unfounded. Employment-based immigrants, including EB-3 applicants, must be sponsored at a salary at or above the prevailing wage in their occupation, and their admission is conditioned on legally binding affidavits of support. Additionally, most new immigrants are ineligible for federal public benefits such as SNAP for a mandatory five-year period following green card issuance. The 75 affected countries span multiple regions and include major EB-3 source countries such as Bangladesh, Brazil, Egypt, Ethiopia, India (via dual nationality exemption considerations), Nepal, Nigeria, Pakistan, the Philippines (not listed), and others. Dual nationals holding a valid passport from a non-listed country are exempt from the pause. Applicants should verify their specific nationality status and consult an immigration attorney to determine how the pause affects their timeline. EB-3 applicants currently in the consular pipeline from affected countries should monitor DOS announcements closely for updates on when the pause may be lifted. Those with pending National Visa Center (NVC) cases should continue to respond to document requests to maintain case readiness for when processing resumes. Consulting a qualified immigration attorney is strongly advised given the evolving nature of this policy.