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There is an important update for immigrant visa applicants affected by the State Department’s 75 country immigrant visa pause: the pause is no longer in effect, and U.S. embassies and consulates have now been instructed to resume processing affected cases.
That is welcome news for families, employer, and intending immigrants who have spent months waiting for answers. But it does not necessarily mean that every affected applicant will immediately receive a visa or even an interview appointment.
The Department of State has issued instructions to U.S. consulates about what should happen next, including what to do with cases that were previously refused under INA §221(g) solely because of the 75 country pause.
Here’s what immigrant visa applicants need to know.
In January 2026, the U.S. Department of State announced that it would pause immigrant visa issuance for nationals of 75 countries. The State Department said the pause was related to concerns about whether applicants might become a “public charge” in the United States.
The policy went into effect on January 21, 2026. Importantly, this was an immigrant visa policy. It was not a blanket suspension of every type of U.S. visa for nationals of those countries. The pause affected people seeking immigrant visas through U.S. consulates abroad, including applicants immigrating through family-based and employment-based cases. Under the policy, consular officers generally refused affected immigrant visa applications under INA §221(g) if another ground of ineligibility did not apply.
No. On August 21, 2026, the U.S. District Court for the Southern District of New York issued a decision in Catholic Legal Immigration Network, Inc. v. Rubio—often referred to as CLINIC v. Rubio—vacating the 75-country immigrant visa pause.
The Department of State subsequently updated its public guidance to acknowledge that the January 2026 pause is no longer in effect.
Then, on September 10, 2026, the Department of State issued an official cable to U.S. diplomatic and consular posts with instructions for implementing the court decisions.
The cable expressly states that the immigrant visa pause is “NO LONGER in effect.” It also rescinds the previous guidance implementing the pause and instructs consular officers that applicants may no longer be refused under INA §221(g) because of the now-vacated pause.
This is one of the most important parts of the new guidance.
If an immigrant visa application was previously refused under INA §221(g) solely because of the 75-country immigrant visa pause, the State Department has instructed consular posts to reconsider the application. In fact, the Department has instructed consulates to identify these cases rather than simply waiting for applicants to come forward.
According to the September 10, 2026 DOS cable, all posts must run an internal report to identify cases that were refused under the immigrant visa or Diversity Visa pauses.
Consulates have been instructed to:
For 75 country immigrant visa cases, the Department instructed consulates to begin with cases refused starting January 21, 2026, and generally work through the affected refusals chronologically.
According to the September 10, 2026 DOS guidance, consulates should identify affected cases and contact applicants when additional action is needed. The State Department provided consulates with language explaining that cases refused under the immigrant visa pause are being reviewed in the order in which they were refused. Applicants whose cases were refused solely because of the pause should be contacted by the consular section for further processing. That means you may not necessarily hear from the consulate immediately.
However, applicants should monitor the email address associated with their immigrant visa case carefully and make sure their contact information is current. If you are working with an immigration lawyer, keep in mind that the consulate or embassy may not copy your immigration lawyer on emails, so be sure to forward all emails from the consulate to the lawyer, if needed.
In addition, it may also be appropriate to contact the consular post through its official inquiry process to ask about the status of the case. Be sure to speak with your immigration lawyer, or a qualified immigration lawyer, before taking action.
No. The end of the 75 country pause removes that particular basis for refusing the visa. It does not mean that every affected immigrant visa must now be issued. Consular officers have been instructed to determine whether applicants remain qualified and eligible for their immigrant visas under current law and Department of State policies.
Depending on the circumstances, an applicant may be asked for:
The September 10, 2026 cable indicates consular officers should consider re-interviewing applicants when appropriate because of the amount of time that may have passed since the original interview. If another issue exists in the case, the consular officer may issue a new §221(g) refusal based on that specific issue. The officer should identify the reason for the new refusal rather than relying on the now-vacated 75 country policy. Also keep in mind that the 39 country visa ban is still in place as of the time this blog is published.
Public charge remains an important part of immigrant visa adjudication. The 75 country pause was based on a blanket policy affecting applicants based on nationality. Its elimination does not eliminate the existing public charge ground of inadmissibility under INA §212(a)(4).
In fact, the September 10, 2026 cable instructs consular officers to complete a public charge worksheet in all immigrant visa cases under the Department’s current public charge guidance. An applicant should no longer be refused simply because they are a national of one of the 75 countries covered by the former pause. But the consular officer can still evaluate whether that individual applicant is inadmissible under the applicable public charge rules. Applicants should therefore take requests for updated financial or other evidence seriously, even though the 75 country pause itself has ended. Again, you should consult with your immigration lawyer to prepare for the interview, and/or to answer any public charge-related questions the consular officer may ask via email or otherwise.
This has caused considerable confusion. Shortly after the CLINIC v. Rubio decision was issued in late August, the Department of State began canceling previously scheduled immigrant visa interviews, without giving an explanation and without the option to reschedule. At first this seemed limited to applicants who are nationals of one of the 75 countries, and to interviews scheduled in late August and early September. Then all immigrant interviews were canceled shortly thereafter. The Department of State didn't publicly give a reason for the cancelations at first, but later indicated that they were "undergoing a full review of all screening and vetting policies" about the public charge issue. As of the time this blog post is published, we're not aware of interviews resuming, though there are scattered reports of immigrant interviews resuming in Poland, Hungary, and possibly London.
This is another critical distinction. The 75 country immigrant visa pause and 39 country visa ban are separate policies. Presidential Proclamation 10998, which took effect January 1, 2026, fully or partially restricts visa issuance and entry for nationals of certain countries, subject to the terms and exceptions contained in the proclamation. Some applicants may therefore have been affected by both the 75 country immigrant visa pause and a separate restriction under the presidential proclamation. Overcoming a §221(g) refusal that was based on the 75 country pause does not necessarily mean that a separate restriction no longer applies.
That is why it is important to determine exactly why an immigrant visa case is currently being held or refused rather than assuming that every problem with the case disappeared when the 75-country pause was vacated.
If your immigrant visa case was affected, consider the following steps.
1. Review what happened in your case.
Look at your refusal notice, emails from the consulate, interview history, and any other correspondence. Determine whether your application was refused specifically because of the 75 country immigrant visa pause or whether another issue was identified as well.
2. Monitor your email carefully.
Consulates have been instructed to identify affected cases and contact applicants when further processing is required. Again, remember that the consulate may not copy your immigration lawyer, so be on the lookout and forward any emails you receive to them.
3. Be prepared to provide updated documents.
Depending on how much time has passed, the consulate may request an updated medical examination or other documents.
4. Do not assume an old §221(g) refusal is the final word.
If the refusal was based solely on the 75 country pause, DOS has instructed consulates to reconsider the case without applying that policy.
5. Follow up when appropriate.
If your case was affected and you have received no communication, particularly if your refusal occurred months ago, consider contacting the consular post through its designated inquiry mechanism.
6. Identify whether another policy affects your case.
Public charge, security vetting, another ground of inadmissibility, or a separate visa restriction may still affect an application even though the 75 country pause has ended.
There has been a meaningful change for people affected by the 75 country immigrant visa pause. The pause is no longer in effect, and the State Department has instructed U.S. embassies and consulates to identify and reconsider immigrant visa applications that were refused solely because of that policy.
But the end of the pause does not necessarily mean immediate visa issuance.
Some applicants may need updated medical exams or documents. Some may be asked to attend another interview. Consular officers will still evaluate public charge and other grounds of visa eligibility. And some applicants may be affected by separate visa or entry restrictions.
If your immigrant visa was refused or placed on hold because of the 75 country policy, or ir your interview was cancelled or rescheduled during this period, the first step is to understand exactly what happened in your individual case and what the consulate is requiring now.
Sumner Immigration Law assists individuals, families, and employers with U.S. immigration matters, including immigrant visa and consular processing cases. If you are unsure how these changes affect your case, contact our office to discuss your situation.
Immigration policies and litigation are changing quickly. This article reflects information available as of September 22, 2026 and is intended for general educational purposes only. It is not legal advice for any individual case.
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