Federal Judge Strikes Down 75-Country Visa Ban: August 2026 Win for EB-3 Applicants

A federal judge has struck down the Trump administration's sweeping policy that suspended immigrant visa issuance for nationals of 75 countries. The court ruled the policy was contrary to law and that the Secretary of State had exceeded their statutory authority in implementing the blanket suspension. For EB-3 applicants from the affected 75 countries, this ruling is a significant development. Rather than facing a categorical visa denial based solely on nationality, the court's order requires consular officers to conduct individualized reviews of each affected case — a standard more consistent with longstanding immigration law principles. However, the ruling is not yet final. The government has until September 11, 2026 to file an appeal, which could result in a stay of the ruling while litigation continues. EB-3 applicants from affected countries should monitor the situation closely, as a government appeal could delay the practical impact of this decision. Applicants whose cases were stalled or denied under this visa suspension policy should consult with an immigration attorney to understand whether and when to request rescheduling of consular interviews or reconsideration of prior decisions made under the now-invalidated policy. This ruling represents one of the more consequential immigration court decisions of 2026, potentially reopening the path for tens of thousands of employment-based and family-based immigrant visa applicants who were blocked by the 75-country ban.