January 15, 2026
U.S. IMMIGRATION POLICY UPDATE: PAUSE ON IMMIGRANT VISA ISSUANCE FOR NATIONALITIES AT “HIGH RISK OF PUBLIC BENEFITS USAGE”
Please note that this latest “travel ban” only affects citizens of the named countries who are outside the U.S. and awaiting the processing of a “Green Card” Immigrant Visa
On January 14, 2026, the U.S. Department of State (DOS) published a visa policy update, titled “Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage,” announcing a suspension of immigrant visa issuances for nationals of a broad group of countries effective January 21, 2026. This policy reflects the current administration’s emphasis on financial self-sufficiency and preventing potential reliance on U.S. public benefits.
Key Policy Changes
- Pause on Immigrant Visa Issuances
• Effective January 21, 2026, the Department of State will pause all immigrant visa issuances for applicants who are nationals of specified countries deemed “high risk” for public benefits usage. During this pause, no immigrant visas will be issued to these nationals, even if an immigrant visa application has been filed or an interview scheduled. - Affected Nationalities
• The list includes 75 countries spanning Africa, Asia, Europe/Eurasia, the Middle East, Latin America, and the Caribbean. Notable countries on the list include Afghanistan, Bangladesh, Brazil, Cuba, Egypt, Haiti, Iran, Iraq, Nigeria, Pakistan, Russia, Somalia, Syria, Sudan, Thailand, and Yemen, among others. The full list is available here: https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.html - Visa Applicants May Still Apply and Interview
• Applicants from affected countries may continue to file immigrant visa petitions and attend consular interviews, and consular posts will maintain scheduling. However, issuance of the visa itself will be paused until further guidance is issued. - Exceptions
• Dual Nationals: Individuals who hold a valid passport from a country not on the restricted list may be exempt from the pause if they apply using that passport.
• There are no reported revocations of already-issued immigrant visas under this guidance; existing visas remain valid for travel and admission, subject to DHS admission authority. - Nonimmigrant Visas Not Directly Affected
• This pause specifically applies to immigrant visas (i.e., permanent residence). Nonimmigrant categories—such as tourist (B-1/B-2), student (F, M), or temporary work visas—are not paused by this guidance; however, consular officers may apply expanded scrutiny or public charge considerations in adjudications as part of broader enforcement priorities.
Context and Strategic Considerations
- The policy signals a renewed focus on public charge and financial self-sufficiency criteria in visa adjudications, consistent with previous public charge rule revisions and broader immigration enforcement initiatives.
- The indefinite nature of the pause and lack of an explicit sunset date raise questions about the duration and potential legal challenges that may follow.
- Affected clients should evaluate alternative pathways, such as adjustment of status (if available), use of passports from non-restricted countries (for dual nationals), or nonimmigrant strategies where appropriate.
Action Items
- If you are in process for an Immigrant Visa and a citizen of one of the named countries, you should prepare for the possibility of extended processing times and gather documentation that demonstrates financial resources and self-sufficiency.
- Monitor additional guidance from DOS and DHS for future developments, including potential litigation outcomes or adjustments to the public charge framework.
Next Steps
We will provide further updates as additional guidance or regulatory language is published. Clients with cases potentially impacted by this policy are encouraged to contact our office to review strategic options.