Green Card 2026 Alert: Federal Judge Strikes Down 75-Country Immigrant Visa Ban

On August 21, 2026, U.S. District Judge Jeannette Vargas vacated a Trump administration policy that had suspended immigrant visa issuance for nationals of 75 countries since January 2026. The policy had directed U.S. consulates to pause green card issuance for applicants from countries the State Department deemed higher-risk for public benefit reliance — affecting nationals from countries including Vietnam-adjacent nations such as Laos, Cambodia, Thailand, and many others across Africa, Latin America, and the Middle East. The court found that the blanket nationality-based restriction violated federal immigration law, which generally prohibits discrimination in immigrant visa issuance on the basis of nationality. The judge also rejected the government's use of "public charge" concerns as a justification for a country-wide ban, ruling that public charge assessments must be conducted on an individual — not a national — basis. For EB-3 applicants specifically, this ruling is significant. Thousands of employment-based green card seekers from the 75 listed countries had completed interviews or received INA §221(g) refusals solely due to nationality, not individual disqualification. Those cases may now resume normal processing at consulates abroad. However, the ruling does not guarantee visa approval. Applicants must still meet all standard eligibility criteria, and consular officers retain authority to deny visas on other grounds such as criminal history, fraud, unlawful presence, or an individualized public charge finding. Additionally, a separate Presidential Proclamation 10998 — a national-security-based travel ban covering 39 countries — remains in effect and is unaffected by this ruling. The government may appeal the decision, and the State Department has yet to issue official guidance to embassies and consulates on processing previously blocked cases. EB-3 applicants from affected countries should monitor their consulate's announcements and consult an immigration attorney to assess their individual case status.