Federal Court Strikes Down 75-Country Immigrant Visa Ban: EB-3 Applicants Get 2026 Relief

On August 21, 2026, the U.S. District Court for the Southern District of New York issued a landmark ruling in Catholic Legal Immigration Network, Inc. v. Rubio (CLINIC v. Rubio), striking down the U.S. Department of State's policy that had suspended immigrant visa issuance for nationals of 75 countries since January 21, 2026. The court found the policy unlawful under the Immigration and Nationality Act (INA) and vacated it entirely, ordering that visa refusals made solely on the basis of nationality be set aside for re-adjudication. The court identified three key legal violations: the policy discriminated based on nationality in contravention of the INA; it replaced the congressionally mandated individualized adjudication process with a categorical ban; and the Secretary of State overstepped his authority by directing consular officers—who hold the statutory power to issue or refuse visas—to automatically deny applications based solely on an applicant's country of citizenship. For EB-3 employment-based applicants from the 75 affected countries, this ruling reopens a pathway that had been effectively blocked since January 2026. Cases that were refused under the now-vacated policy will be returned for further review on their individual merits. Importantly, the court did not order automatic visa approvals—each application must still pass a full eligibility review, including public charge assessments, which are currently under revision as consular officers receive new training. Applicants should be aware of several ongoing complications. The DOS has filed an appeal, meaning the ruling could be modified or stayed at a higher court level. Additionally, visa interviews were reported to have been cancelled worldwide to accommodate new public charge training, and the DOS has not yet updated official Foreign Affairs Manual (FAM) guidance on public charge. Separate travel and entry restrictions by nationality may still apply independently of this ruling. EB-3 applicants and their sponsoring employers are strongly advised to consult an immigration attorney promptly, review the current status of their pending or previously refused cases, and prepare documentation for resumed consular processing. Proactive preparation will be critical given the expected surge in interview scheduling once processing fully resumes.