State Department seeks to limit applicants deemed likely to use public benefits
The United States Department of State (DOS) recently issued a Visa Processing Update that further limits who can legally immigrate to the United States. As of January 21, 2026, the United States of America is “indefinitely pausing” the issuance of visas for nationals of 75 countries. Most of the countries affected by this new policy are in Africa and Asia. Many of the reported 75 countries are already subject to a full or partial travel ban.
The Trump administration has also paused all asylum cases processed by the United States Citizenship and Immigration Services, halted the processing of citizenship and green card applications for nationals of the first 19 countries subject to the travel ban, and suspended all immigration-related requests from Afghan nationals.
The DOS has emphasized that no current immigrant visas have been revoked under this policy, and the new order will not affect the processing of nonimmigrant visas (i.e., students, businesspeople, and tourists). That means that Individuals from countries subject to the immigration visa pause and who wish to come to the United States to attend World Cup soccer matches this summer are unlikely to be affected.
The List
The 75 countries that are subject to this freeze in visa processing are:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Congo, Cuba, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, 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 and Yemen.
As others have noted, India is not on the list of affected countries, and visa processing for Indian nationals is expected to continue — albeit at a slower pace. All travelers should remain aware of ongoing delays in the United States consular system because of other changes in federal immigration policy.
Why?
According to the DOS, the pause aims to limit applicants deemed likely to become a “public charge” and dependent on the government for basic needs. As reported in Bloomberg Law, DOS spokesperson Tommy Pigott said that “the Trump administration is bringing an end to the abuse of America’s immigration system by those who would extract wealth from the American people.”
In the proposed rule published on November 3, 2025, the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) would direct consular offices to assess whether an immigrant visa applicant would use government-funded social welfare programs — such as Medicaid, the Supplemental Nutritional Assistance Program, the Children’s Health Insurance Program, and even “free or reduced-cost school lunch programs” — in considering the granting of visas.
This rule is expected to take effect later this year and is already facing court challenges from immigration advocacy groups.
Pushback
On February 2, 2026, a coalition of immigrant advocacy groups — and multiple United States citizens who have been separated from their spouses, children, and parents because of the ban — filed a lawsuit in the United States District Court for the Southern District of New York. In Catholic Legal Immigration Network, Inc. (CLINIC) v. Marco Rubio, U.S. Department of State(Rubio), filed Feb. 2, 2026, Case No. 1:26-cv-00858, the plaintiffs are challenging the State Department’s freeze on immigrant visa processing and raise two distinct issues.
- The Immigration and Nationality Act prohibits discrimination in issuing immigrant visas based on an individual’s nationality, place of birth, or place of residence. The lawsuit argues the 75-country freeze is, by definition, a nationality-based ban on immigrant visas, and that it violates this core statutory protection. The Immigration and Nationality Act also says that public charge determinations must be made on a case-by-case basis and consider “the totality of circumstances” for each visa applicant.
- Under the Administrative Procedure Act, federal agencies are usually required to go through a formal process before making new rules — particularly those that reflect such significant shifts in policy. This process almost always includes a public notice and an opportunity for comment. The lawsuit argues that the State Department circumvented this process entirely.
The complaint raises constitutional issues. The plaintiffs argue that the visa freeze violates the equal protection guarantees of the Fifth Amendment, and that the policy reflects racial and national-origin-based discrimination, pointing to the fact that the majority of the 75 listed countries have predominantly non-white populations and are outside Europe.
The plaintiffs also challenge the State Department’s core assertion — that immigrants from the listed 75 countries are at “high risk” of using public benefits. The complaint points out that most immigrants are ineligible for federal benefits upon arrival and that family-based immigrants already must have financial sponsors. Also, the federal government failed to present any evidence to support the claim that all individuals from these 75 countries are categorically “high risk.”
It’s possible the plaintiffs will seek a temporary injunction, which would block the visa freeze while the case is litigated. If a temporary injunction is granted, visa processing could resume for affected applicants while the court case continues. Full litigation could take months.
What Next?
Applicants affected by this new policy are advised to submit their visa applications and attend interviews. The DOS says that it will “continue to schedule applicants for appointments, but no immigrant visas will be issued to these individuals during this pause.” Applicants are also advised to evaluate eligibility for adjustment of status, dual nationality exemptions, and other possible nonimmigrant pathways into the visa system.
If you have any questions about these emerging federal policies — or wish to explore possible alternative visa options with an immigration attorney — don’t hesitate to contact Orr & Reno for assistance.
