What Will You Learn from the Article?
What exactly is being paused starting January 21, 2026? Starting January 21, 2026, the U.S. Department of State is indefinitely pausing the issuance of all immigrant visas to nationals of 75 specific countries identified as high-risk for becoming a public charge. This pause applies only to immigrant visas processed through U.S. consulates abroad.
Does this visa pause affect tourist, student, or work visas? No, the pause does not impact nonimmigrant visas such as tourist (B), student (F), or temporary work visas (like H-1B). Those categories continue to be processed normally.
Why did the Department of State implement this immigrant visa pause? The main reason is to conduct a full policy review ensuring that immigrants from the listed countries are financially self-sufficient and will not rely heavily on U.S. public benefits (the “public charge” ground of inadmissibility).
What is the public charge rule and why does it matter for green card applicants? The public charge rule requires applicants to prove they are unlikely to become primarily dependent on government assistance. Officers evaluate the totality of circumstances—including age, health, income, education, family status, assets, and especially a valid Affidavit of Support (Form I-864)—to decide whether someone is likely to become a burden on U.S. taxpayers.
How does the visa pause affect people already in the U.S. who are applying to adjust status to permanent residence? The pause primarily affects consular processing abroad and is not expected to directly block adjustment of status applications (Form I-485) filed inside the United States (unless separate USCIS policies, such as country-specific banks or pauses, apply to their case). However, those adjusting status will still face careful public charge review and should make sure they have strong financial documentation, including any required Affidavit of Support.
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As part of a broader pattern of frequent immigration policy changes affecting visa applicants worldwide effective January 21, 2026, the U.S. Department of State (“DOS”) is indefinitely pausing all immigrant visa processing for nationals of 75 countries that it deems at high risk of relying on public benefits. While additional details continue to emerge and the Department of State is expected to issue further guidance, the pause will most likely apply exclusively to immigrant visas processed at U.S. consulates abroad and should not impact nonimmigrant visas such as tourist, student, or work visas.
What Do We Know So Far About the DOS Visa Pause?
According to a State Department memo, as reported by Fox News Digital, U.S. Department of State officers have been instructed to refuse immigrant visas to all nationals from 75 countries (full list below) starting January 21, 2026. This action is part of additional vetting of applicants, consistent with the Trump administration’s more hardline approach to immigration. Although no immigrant visas will be issued to nationals of the affected countries while the pause is in effect, applicants should still be able to submit applications and attend consular interviews. Applicants who hold dual nationality with a passport from a country not on the list are exempt.
As one of the main reasons behind the pause, the DOS explains that it is conducting a full review of policies to ensure that immigrants from the affected countries are financially self-sufficient and do not become a public charge in the U.S.
Why Public Charge Matters for Certain Visa and Green Card Applicants
The public charge rule is one of the grounds of inadmissibility for immigrants, which requires applicants to show they are unlikely to become primarily dependent on government support. Immigration officers assess the “totality of circumstances,” including age, health, income, education, family status, and financial resources, to determine whether an applicant may rely on public benefits in the future. Central to this assessment is whether the applicant has a valid Affidavit of Support (such as I-864) from a sponsor, which can significantly influence the decision. While only certain public benefits are considered, such as cash assistance for income maintenance or government-funded long-term institutional case, other programs are not included in the public charge assessment. In short, the public charge test is designed to ensure that immigrants are financially self-sufficient and do not become a burden on U.S. taxpayers.
Already in the U.S.? What the Visa Pause Means for Adjustment of Status
The immigrant visa pause is likely to affect only consular processing abroad and is not expected to directly impact adjustment of status (I-485) applications filed within the U.S., since the DOS is typically not involved at this stage. Nevertheless, applicants adjusting status domestically may still face heightened scrutiny under public charge rules and other screening procedures, which could influence the outcome of their applications. U.S. residents seeking to adjust status should ensure they meet financial self-sufficiency requirements and maintain proper documentation, including any Affidavit of Support, as part of their submission.
List of 75 Countries Affected
If you are a national of one of the 75 countries listed below, your immigrant visa application processed through consular processing abroad will be affected by the pause, unless a narrow exception applies.
- Afghanistan
- Albania
- Algeria
- Antigua and Barbuda
- Armenia
- Azerbaijan
- Bahamas
- Bangladesh
- Barbados
- Belarus
- Belize
- Bhutan
- Bosnia and Herzegovina
- Brazil
- Burma
- Cambodia
- Cameroon
- Cape Verde
- Colombia
- Côte d’Ivoire
- Cuba
- 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
- 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
- Yemen
How KBIW KURPIEJEWSKI & ASSOCIATES, PLLC Can Help
This week’s news of the immigrant visa processing pause affecting roughly one-third of the world’s countries, combined with heightened public charge scrutiny, has added new complexities and understandable frustration for applicants from the affected nations.
In light of the constantly changing immigration policies, it is particularly crucial to seek a consultation with an immigration counsel who can carefully analyze your individual case, determine whether and to what extent these changes may impact your applications, develop tailored strategies to preserve or strengthen your immigration path, anticipate potential challenges, guide you on proper documentation and timing, and help you take proactive steps to minimize delays, reduce the risk of denials, and maximize your chances for a successful outcome.
At KBIW KURPIEJEWSKI & ASSOCIATES, PLLC, we offer trusted legal guidance to make sure your applications are prepared correctly, filed promptly, and fully compliant with all current immigration laws and regulations. Don’t take chances with your future—reach out today to have your application handled by our dedicated team. To schedule a consultation and learn how we can help you, please call us at (212) 220-3956 or email office@kbiw.com.
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