PolicyJDSupra Immigration · 3 min read
US Suspends Immigrant Visa Interviews Globally After Court Blocks 75-Country Ban
The State Department has paused immigrant visa interviews worldwide for consular officer training on public-charge rules, following a federal court ruling that vacated its 75-country visa suspension policy.
The U.S. State Department has temporarily paused immigrant visa interview appointments at embassies and consulates globally to facilitate updated public-charge training for consular officers. The agency has not disclosed the duration of the pause or whether all posts and applicant categories will be equally affected, leaving many applicants and employers in a period of uncertainty.
The pause comes directly in response to an August 21, 2026 ruling by the U.S. District Court for the Southern District of New York in Catholic Legal Immigration Network, Inc. v. Rubio (No. 26-CV-00858). The court vacated the State Department's January 21 policy that had directed consular officers to refuse immigrant visas to nationals of 75 countries under INA Section 221(g) based solely on nationality — even when no individualized public-charge finding supported the refusal. The court found this policy violated the INA's prohibition on nationality-based discrimination and exceeded the Secretary's authority.
In a parallel development, DHS rescinded its 2022 public-charge regulations effective September 18, 2026. USCIS has issued guidance confirming that adjustment-of-status applicants will now be evaluated under five statutory factors: age, health, family status, financial resources, and education and skills. For Form I-485 applications postmarked on or after September 18, 2026, officers may consider any means-tested public benefit received.
For EB-3 applicants pursuing immigrant visas through consular processing abroad, these developments carry significant practical implications. Appointment disruptions may delay anticipated visa issuance and affect employment start dates, relocation planning, and international travel arrangements. Applicants should confirm their appointment status directly with the relevant consular post before making any travel commitments.
Employers sponsoring foreign workers through consular processing should build flexibility into timelines and consult immigration counsel for time-sensitive cases. Both the consular pause and the new USCIS public-charge guidance reflect a broader tightening of public-charge review across all pathways to permanent residence.