The State Department says its pause on immigrant visa issuance to nationals of 75 countries “is no longer in effect.”
On August 28, 2026, the federal agency filed pleadings in response to a U.S. district court decision that struck down the pause on immigrant visa issuance to nationals of 75 countries. The submission confirmed the State Department is complying with the judge’s order and no longer applying the policy to Green Card cases going through consular processing.
The 75-country immigrant visa freeze took effect earlier on January 21, 2026, blocking Green Card issuance to applicants filing outside the U.S. from countries across Africa, the Caribbean, Eastern Europe, Latin America, and the Middle East. At the time, the State Department said it needed to confirm that immigrants from these countries would not become a public charge by relying on U.S. welfare benefits.
What does this mean for foreign nationals?
Jeff Joseph, president of the American Immigration Lawyers Association and president of legal strategy at Manifest Law, says that while the government isn't contesting the court’s decision, a new policy is now screening applicants for the same concern.
"Although it is welcome news that the State Department is no longer pursuing the 75-country pause for immigrant visas, DOS has separately issued guidance regarding the public charge ground of inadmissibility, and has temporarily paused immigrant visa processing while officers receive training on this new guidance,” he says. “So, essentially, one pause has been replaced by another. DOS has stated that this pause for training is temporary and will expire August 31st, 2026.”
Earlier this week, the State Department paused immigrant visa appointments worldwide while it trained consular officers on a new public charge rule. That rescheduling pause runs through August 31, 2026, and the agency’s pleadings cite the need to coordinate guidance and update how officers apply the public charge ground of inadmissibility.
Separately, a new public charge final rule by the Department of Homeland Security takes effect on September 18, 2026. This will replace the prior guidance and give immigration officers broader discretion in weighing public benefits use in Green Card applications.
About the Author
Staff Writer
Caryl Espinoza Jaen is a Nicaraguan-born staff writer for Manifest Law. As a writer, he strives to cover complex topics like immigration policy with clarity, accuracy, and precision.
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President of Immigration Strategy
Jeff Joseph is the President of Immigration Strategy at Manifest Law and the 79th President of the American Immigration Lawyers Association, the national bar association of more than 18,000 immigration attorneys. A nationally recognized litigator and corporate immigration strategist, Jeff brings almost 30 years of experience advising employers — from global enterprises to high-growth startups — and has personally led or participated in federal litigation that reshaped the rules employers hire under, including the COVID-19 visa ban, the DOL H-1B wage rule, and the DHS specialty occupation case. Prior to joining Manifest, he was a Partner at Berry, Appleman & Leiden LLP and participated on the firm's litigation and compliance, and government strategies teams.
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