PolicyNational Law Review · 3 min read
State Department Ends Immigrant Visa Pause: Visa Quota Closes Before September 30, 2026
Following two federal court rulings in August 2026, the State Department has lifted its categorical immigrant visa pause for nationals of 75 countries and ended the December 2025 Diversity Visa freeze, allowing cases to resume ordinary adjudication.
The U.S. Department of State has updated its guidance on immigrant visa processing after two federal court decisions issued one week apart in August 2026. On August 21, a U.S. District Court for the Southern District vacated the State Department's January 2026 categorical pause on immigrant visa issuance for nationals of 75 designated countries. The court ruled the policy unlawful and set aside visa refusals issued solely on the basis of the categorical pause. As a result, affected cases may now proceed through individualized, case-specific adjudication under ordinary statutory standards.
A separate ruling on August 28, 2026, issued by the U.S. District Court for the Northern District of California in Medani v. Trump, addressed the December 2025 pause on Diversity Visa (DV-2026) issuance. Following that order, the State Department confirmed that the DV pause is likewise no longer in effect, allowing DV-2026 immigrant visa and adjustment-of-status cases to resume normal processing.
For employment-based immigrant visa applicants — including EB-3 petitioners — the end of the 75-country pause is significant. Nationals of countries that were subject to the categorical bar may now have their cases adjudicated on their individual merits. However, the lifting of the pause does not guarantee visa issuance. Applicants may still face public charge review, security screening, document requests, administrative processing delays, or country-specific proclamations.
For DV-2026 selectees, timing is especially urgent. Diversity visa eligibility expires on September 30, 2026, and annual visa number allocations are subject to regional and per-country numerical limits. DV numbers cannot be rolled over into the next fiscal year, and the annual allocation may be exhausted before the deadline. Selectees whose cases were paused or refused solely due to the now-lifted freeze are advised to contact the relevant U.S. embassy, consulate, or the Kentucky Consular Center promptly.
Applicants with pending Form I-485 adjustment-of-status applications inside the United States should not assume that consular guidance automatically resolves their USCIS case. Both consular and USCIS applicants are encouraged to monitor case-specific notices and act promptly given the September 30 fiscal year deadline.