PolicyKlasko Law · 3 min read

Temporary Pause on Immigrant Visa Issuance for 75 Countries Pending Public Charge Review

The U.S. Department of State paused immigrant visa issuance for nationals of 75 countries effective January 21, 2026, to review public charge standards. Consular interviews proceed but visas will not be issued during the review. Adjustment of status and nonimmigrant visas are unaffected.

· Source: Klasko Law
The U.S. Department of State announced a temporary pause on the issuance of immigrant visas — including employment-based green cards processed through U.S. embassies and consulates abroad — for nationals of 75 countries, effective January 21, 2026. The government cited a need to review and potentially tighten how the "public charge" ground of inadmissibility is applied to immigrant visa applicants. The public charge rule requires consular officers to assess whether an applicant is likely to become primarily dependent on the U.S. government for subsistence. This evaluation considers factors such as age, health, income, assets, education, and the presence of a financial sponsor. The current administration has signaled it intends to apply stricter standards that could restrict immigrants from receiving any form of public assistance. For EB-3 applicants, this pause is directly relevant to those from the 75 listed countries who are pursuing consular processing abroad rather than adjustment of status inside the United States. EB-3 cases that require an affidavit of support — particularly for unskilled workers and some skilled worker categories — are among those subject to the public charge evaluation and could be delayed under this pause. Importantly, the pause does NOT affect nonimmigrant visa categories such as H-1B, L-1, O-1, TN, or dependent visas. It also does not impact USCIS-adjudicated applications, meaning EB-3 applicants already in the United States pursuing adjustment of status (Form I-485) should not experience disruption from this specific policy. Affected applicants scheduled for consular interviews may still attend and complete their interview; however, the visa will not be physically issued pending completion of the government's review. This constitutes a temporary administrative hold rather than a permanent denial. Applicants from affected countries should consult with an immigration attorney to assess their specific situation and whether any limited exceptions may apply.

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