Immigration News Alert
On August 21, 2026, the U.S. District Court for the Southern District of New York struck down a State Department policy that suspended immigrant visa issuance for nationals of 75 countries. Judge Jeannette Vargas held that the policy was unlawful and exceeded Secretary of State Marco Rubio’s authority under the Immigration and Nationality Act (INA).
The policy, announced in January 2026, directed consular officers to refuse immigrant visas to nationals of 75 designated countries, citing concerns that individuals from those countries posed a higher risk of becoming a public charge in the United States.
The court found that the policy effectively imposed a nationality-based ban on the issuance of immigrant visas and prevented consular officers from making the individualized eligibility determinations required by federal law. The court also concluded that the policy exceeded the Secretary of State’s authority over consular visa decisions. Judge Vargas wrote:
The Policy is thus patently unlawful and must be vacated under the APA.
The court ordered the policy to be vacated and directed that immigrant visa refusals based solely on the policy be set aside and reconsidered. However, the ruling does not automatically result in visa approval, as consular officers may still deny applications on other lawful grounds.
The decision could affect both employment-based and family-based immigrant visa applicants from the 75 designated countries. Individuals whose applications were denied solely because of the policy may now receive renewed consideration of their cases.
The government may appeal the decision. For now, the policy has been vacated and affected cases will be returned for further processing. The litigation remains ongoing, with the parties expected to provide an update to the court by September 11, 2026.
The State Department announced the policy in January 2026, suspending immigrant visa issuance for nationals of 75 designated countries based on public charge concerns. The suspension affected both employment-based and family-based immigrant visa applicants and led to visa refusals and processing delays for many individuals.
At Envoy Global, we closely monitor U.S. immigration policy changes affecting employers and foreign talent. Our team will continue tracking developments related to the proposed H-1B fee rule, litigation updates and any implementation guidance issued by DHS and USCIS.
Contact Envoy Global to learn how your organization can prepare for evolving H-1B visa requirements and broader employment-based immigration changes.
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