Lawsuit Challenges State Department’s Pause on Immigrant Visa Processing for 75 Countries

To understand how this policy change may affect travelers and employers, and to review frequently asked questions, visit our guide: The 75‑Country Immigrant Visa Suspension: What Employers Should Know.

Key Point

• A coalition filed a federal lawsuit challenging the U.S. Department of State’s pause to immigrant visa processing for nationals of 75 countries.

Lawsuit for State Department Immigrant Visa Pause

A coalition of individuals, U.S. citizen petitioners and nonprofit organizations has filed a federal lawsuit challenging the U.S. Department of State’s recent pause on immigrant visa processing for nationals of 75 countries.

On January 14, 2026, the Department of State directed consular posts to pause immigrant visa adjudications for nationals of 75 countries identified as “high risk of public benefits usage.” The Department of State also issued new public‑charge guidance expanding the factors consular officers may consider. For additional insights into the initial announcement, impacted countries and more, read our news alert: U.S. To Suspend Immigrant Visa Processing For 75 Countries.

The lawsuit argues these actions create a nationality‑based ban and replace the INA’s longstanding individualized public‑charge assessment with a broader, unauthorized standard.

Key Claims 

Plaintiffs allege that: 

• Department of State lacks authority to impose a categorical, nationality‑based visa pause. 
• The new public‑charge guidance conflicts with decades of precedent, which limits public‑charge findings to likely long‑term dependence on cash assistance or institutional care. 
• Department of State adopted these policies without the required notice‑and‑comment rulemaking under the APA. 
• The actions are arbitrary, capricious and violate constitutional equal‑protection principles. 

The plaintiffs seek to block and vacate the visa pause and related guidance. 

Impact on Employers 

• The Department of State pause remains in effect unless a court issues an injunction. 
• Employment‑based immigrant visa applicants from the listed countries may continue to face delays or holds. 
• Future court rulings could affect public‑charge adjudication standards and visa processing. 

Envoy Global will continue monitoring the case and provide updates as developments occur. 

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