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The phrase “75-country visa ban” is powerful, but it is not legally precise. 

Effective January 21, 2026, the U.S. Department of State paused immigrant visa issuance for nationals of 75 countries. The policy may affect family-sponsored, employment-based, and diversity visa applicants completing their cases through U.S. embassies and consulates abroad.

No immigration category has been eliminated, and approved I-130 family petitions or I-140 employment petitions are not automatically canceled. Applicants may still complete important stages of the immigration process, but those steps do not guarantee that an immigrant visa can presently be issued. The result is a serious procedural barrier rather than a complete shutdown of the U.S. immigration system.

The effect of the pause depends on the applicant’s nationality, passport, location, visa classification, and method of processing. The immigration lawyers at IBP Immigration Law can determine whether the pause applies, whether a separate restriction controls the case, and what actions should continue while the policy remains in effect

What Changed on January 21, 2026

The Department of State paused all immigrant visa issuances to applicants who are nationals of the identified countries. The policy applies at the consular visa-issuance stage, after or during the process through which an applicant seeks permission to travel to the United States as a permanent resident.

The Department’s announcement does not say that immigrant visa processing has stopped entirely. Affected applicants may still:

  • Submit immigrant visa applications
  • Receive interview appointments
  • Attend consular interviews
  • Provide civil and financial documents
  • Respond to consular requests
  • Continue an underlying family or employment petition

What has stopped is the final issuance of an immigrant visa to a covered national, unless an identified exception applies. That procedural distinction can have severe practical consequences. A person may possess an approved petition and have completed every required consular step but remain unable to immigrate.

An immigration lawyer can review the applicant’s nationality, passport, visa category, interview history, petition status, and any separate presidential restriction before advising whether the case should proceed.

Why the Policy Is Not a Complete US Visa Ban

Calling the measure a “US visa ban” implies that all visas have been suspended for everyone from the 75 countries. That description is too broad.

The January 21 policy is limited to immigrant visa issuance. It does not, on its own, apply to tourist, student, H-1B, O-1, or other nonimmigrant visa categories. The Department also states that immigrant visas already issued were not revoked under this guidance. Affected applicants may continue applying and attending interviews.

However, describing the measure as harmless because it is called a “pause” would also be inaccurate. For a covered applicant abroad, the practical result is that the final document required to immigrate cannot presently be issued. The policy therefore creates a substantial barrier even though Congress has not abolished the applicant’s visa category.

The accurate description is: this is not a ban on every U.S. visa, but it is a nationality-based pause on immigrant visa issuance with no publicly announced expiration date.

Which 75 Countries Are Covered

The State Department identified nationals of the following countries:

  • Afghanistan
  • Albania
  • Algeria
  • Antigua and Barbuda
  • Armenia
  • Azerbaijan
  • The 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
  • Kyrgyz Republic
  • 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

This is a nationality-based rule, not simply an embassy-based rule. Moving an interview from one consulate to another does not ordinarily remove the pause when the applicant remains a national of a listed country. Immigration attorneys must examine citizenship and passport records, not merely the location where the interview will occur.

Adjustment of Status Is a Different Legal Process

The State Department pause governs immigrant visas issued through consulates abroad. Adjustment of status is decided by USCIS for eligible applicants already inside the United States who file Form I-485.

Because the January 21 notice is directed to the Department of State visa issuance, it does not, by its own terms, prohibit every national of a listed country from filing for adjustment of status. It also does not prevent the filing of an I-130 or I-140 petition with USCIS.

That does not mean every adjustment case will proceed normally. USCIS has issued separate screening, review, and hold policies affecting certain applicants, and those policies have been subject to litigation and court orders. Adjustment applicants must also satisfy lawful-entry, visa-availability, admissibility, status, and discretionary requirements.

A person should not travel abroad or switch from adjustment to consular processing without advice from immigration attorneys. Departure may trigger unlawful-presence consequences, abandon a pending application in some circumstances, or place the applicant into a consular process affected by the visa pause.

Nonimmigrant Visas Are Not Covered by This Particular Pause

The 75-country measure does not itself suspend tourist visas or temporary work and study classifications such as H-1B, O-1, F-1, or B-1/B-2. The Department expressly confirms that tourist visas are outside this immigrant visa pause.

Applicants must still consider other policies. As of the date of this article, legal challenges to Presidential Proclamation 10998 that fully or partially restricts domestic applications nationals of 39 countries have blocked USCIS from pausing operations. However, immigrant and nonimmigrant visa issuance restrictions at U.S. embassies  are in effect, while the Department has introduced additional screening for certain visa applicants.

Consequently, a statement that “nonimmigrant visas are unaffected” is only accurate when referring narrowly to the 75-country public-benefits pause. An H-1B, O-1, student, or visitor applicant may still be affected by a different proclamation, embassy closure, security review, or eligibility rule. A business immigration attorney should check every policy applicable to the worker’s nationality and visa classification.

Public Charge Is the Government’s Stated Focus

The State Department explains that the pause is connected to a review of screening policies intended to determine whether applicants may become public charges or rely unlawfully on public benefits. Consular officers may consider age, health, family status, financial status, education, skills, and current or past use of certain public benefits.

The legal inquiry is not limited to whether an applicant has ever received assistance. It is a prospective judgment about whether the person is likely to become primarily dependent on the government for subsistence.

Family-based applicants should ensure that the Affidavit of Support is complete and supported by current evidence. Employment-based applicants should preserve job offers, compensation records, professional credentials, assets, insurance information, and other proof of financial stability when relevant.

Strong finances do not create an automatic exception to the nationality-based pause. They may, however, remain important to the underlying public-charge assessment once the government is legally able to issue the visa.

Dual Nationals May Qualify for the Published Exemption

The clearest general exemption applies to dual nationals who apply using a valid passport from a country that is not on the 75-country list. The exemption depends on the passport used in the application, but the applicant must still disclose all nationalities and answer every question truthfully.

Dual nationals should evaluate the issue before filing or attending the interview. Passport details appear throughout the DS-260, civil documents, police certificates, security checks, and consular records. Attempting to conceal a nationality can create a misrepresentation issue far more serious than the original pause.

An online immigration lawyer can review whether the second nationality satisfies the published exemption and whether Presidential Proclamation 10998 or another restriction independently applies.

What Applicants Should Do While Issuance Is Paused

Applicants should remain active rather than abandon the case. Appropriate steps may include:

  • Attend scheduled interviews unless the consulate instructs otherwise
  • Follow National Visa Center and embassy directions
  • Maintain valid passports and civil records
  • Update police certificates and medical examinations when required
  • Preserve petition and approval notices
  • Keep sponsor and employment evidence current
  • Save every consular email and refusal sheet
  • Monitor the Visa Bulletin when numerical limits apply
  • Check for separate presidential restrictions
  • Avoid irreversible travel, employment, or financial decisions before issuance

No applicant should resign from a job, sell property, purchase nonrefundable tickets, or make permanent relocation commitments based solely on petition approval. The immigrant visa must still be issued, and admission remains subject to inspection at a U.S. port of entry.

Make Decisions Based on the Rule That Actually Applies

The 75-country US visa pause is not a universal ban, but its effect on covered immigrant visa applicants abroad is serious: a person may complete the process and still be unable to receive the visa required for permanent relocation. 

IBP Immigration Law can determine whether the pause, Presidential Proclamation 10998, public-charge review, administrative processing, or another rule controls the case and can develop a lawful plan for preserving the application. 

Speak with the immigration attorneys at IBP Law and contact us today before making a filing, travel, or employment decision that may be difficult to reverse.

Attorney Ingrid Borges Perez speaks
English, Portuguese, and Spanish

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