What’s Happening
On August 21, 2026, the U.S. District Court for the Southern District of New York issued its decision in Catholic Legal Immigration Network, Inc. v. Rubio, vacating the Department of State’s suspension of immigrant visa issuance for nationals of 75 countries. The court also set aside immigrant visa refusals based solely on the suspension, requiring those applications to be returned to consular officers for further adjudication.
Background
Effective January 21, 2026, the Department of State directed U.S. consular posts to suspend immigrant visa issuance for nationals of 75 countries while the agency reviewed its public charge screening procedures. Although affected applicants could continue submitting applications and attending interviews, consular officers were instructed not to issue immigrant visas – even where an applicant was otherwise eligible – based solely on the applicant’s nationality.
The suspension applied to nationals of the following countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma (Myanmar), Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, the Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, the Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
The Court’s Decision
In Catholic Legal Immigration Network, Inc. v. Rubio, the court found that the blanket suspension was contrary to federal immigration law and exceeded the Secretary of State’s authority. The court emphasized that the Immigration and Nationality Act (“INA”) requires consular officers to determine an applicant’s eligibility individually and prohibits discrimination in the issuance of immigrant visas based on nationality.
The court therefore:
vacated the 75-country immigrant visa suspension;
set aside immigrant visa refusals based solely on the suspension; and
returned those applications to consular officers for further adjudication without reliance on the invalidated policy.
The ruling does not require the Department of State to approve any particular immigrant visa application. Consular officers may continue to request additional documentation or refuse an application based on public charge concerns or any other lawful ground following an individualized review.
What This Means for Applicants
U.S. consular posts should resume adjudicating immigrant visa applications for nationals of the affected countries. Applicants whose cases were refused solely because of the 75-country suspension should also have their applications reconsidered.
Implementation may vary by consular post, and applicants could experience delays while the Department of State issues operational guidance and reopens affected cases. The government may also appeal the decision or seek to pause its effect while an appeal is pending.
Importantly, the decision applies only to the Department of State’s 75-country immigrant visa suspension. It does not eliminate separate travel restrictions, visa limitations, public charge requirements, or other grounds of inadmissibility that may apply to nationals of certain countries.
Affected applicants should continue monitoring communications from the relevant U.S. embassy or consulate and should be prepared to provide updated financial, employment, sponsorship, and other documentation requested during resumed processing.
New, Separate Temporary Immigrant Visa Adjudication Pause
Following the Court’s ruling, the State Department issued a separate, temporary pause on Immigrant Visa adjudications across consular posts worldwide. The stated purpose of the pause is to provide consular officers with training on the agency’s new public charge policies.
No timeline has been given for when consular immigrant visa processing will resume or what will happen to individuals whose appointments were cancelled as a result of the pause.
It also remains unclear how the pause affects people who have already had their interview but are still awaiting visa stamp issuance. Applications should still move forward through the pre-interview stages during the pause.
At this time it does not appear that the pause impacts nonimmigrant visa consular interviews.
D&S will continue monitoring developments in immigrant visa processing and provide updates as they become available.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.