In January 2025, the United States announced a major shift in immigration policy: an indefinite suspension of immigrant visa processing for nationals of 75 countries, effective January 21, 2026. The measure has far-reaching consequences for employers, families, and individuals pursuing permanent residence in the U.S.
In February 2026, this policy became the subject of a federal lawsuit, introducing new legal uncertainty and the possibility of future changes. Below is a clear overview of what is happening, who is affected, and what this means in practice.
What Is Being Suspended?
The suspension applies to immigrant visas, including:
- Employment-based immigrant visas
- Family-sponsored immigrant visas
This means that consular processing for permanent residence from the affected countries will be paused while U.S. authorities reassess immigration procedures. Individuals who were planning to complete their green card process through a U.S. embassy or consulate abroad may face indefinite delays, even if their petitions have already been approved.
Importantly:
- Non-immigrant visas (such as visitor (B), student (F/J), and most temporary work visas (H-1B, L-1, O-1)) are not affected
- Travel for short-term purposes, including major events such as the World Cup, remains possible under existing non-immigrant categories
- As of January 2026, the suspension does not automatically cancel existing visas, but it may affect renewals or future immigrant visa issuance.
Consulates may still:
- Schedule and conduct immigrant visa interviews
- Accept applications
…but no visas will be issued to affected nationals until the pause is lifted.
Adjustment of Status (Form I-485) inside the U.S. is not currently paused — though policy shifts could influence USCIS practice later.
Who is impacted?
The 75 countries impacted by the US travel bans are:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, 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.
Several of these countries were already subject to heightened scrutiny or included in previous travel restrictions, but this measure significantly broadens the scope by targeting immigrant visa processing as a whole.
The suspension is part of a broader policy reassessment focused on national security, vetting procedures, and consular operations. While the U.S. government has characterized the measure as temporary, no timeline has been provided for when immigrant visa processing may resume.
For more information, see the official U.S. Department of State press release here.
Dual nationality exceptions: According to the Department of State, if an applicant holds a valid passport from a non-listed country, consulates can apply that passport for immigrant visa purposes
February 2026 Update: The Legal Challenge
On February 2, 2026, a coalition of civil rights organizations, advocacy groups, and U.S. citizens filed a federal lawsuit in Manhattan challenging the Trump administration’s immigrant visa freeze. The lawsuit targets the U.S. Department of State and argues that the policy unlawfully halts immigrant visa processing based solely on nationality, in violation of longstanding U.S. immigration law.
Key Arguments in the Lawsuit
The plaintiffs argue that:
- The ban violates the Immigration and Nationality Act (INA) by discriminating on the basis of nationality rather than individualized assessment.
- The suspension functions as a blanket nationality-based ban
- It eliminates individualized assessments of visa applicants and is meant to bypass required regulatory procedures
- U.S. immigration law does not deem individuals inadmissible simply because they may require public or charitable assistance
The lawsuit was brought by several organizations, including the National Immigration Law Center, Democracy Forward, and The Legal Aid Society, on behalf of a diverse group of plaintiffs. These include U.S. citizens separated from family members and foreign nationals whose employment-based immigrant visas were approved but are now indefinitely stalled.
The plaintiffs are seeking a court order requiring the government to lift the blanket pause and resume individualized adjudication of immigrant visa applications.
What This Means for Employers, Families, and Applicants
As of February 2026, the suspension remains in effect, and immigrant visa processing for the 75 banned countries has not resumed. However, the lawsuit introduces legal uncertainty and raises the possibility of:
- Court-ordered changes to how the policy is applied
- Potential exemptions or carve-outs
- A future resumption of processing for certain categories or individuals
Employers and families should not assume that approved immigrant petitions will move forward as planned and should continue to plan for prolonged timelines.
Practical Next Steps
This suspension may delay U.S. permanent residence plans for employers, foreign workers, and families, increasing reliance on temporary visas and prolonging family separation—even for cases already well underway.
While the federal lawsuit may bring about changes, individuals and businesses should act cautiously. This includes: reassessing their immigration strategies, avoiding assuming approved petitions will move forward as planned, and closely monitoring developments, as exemptions or legal challenges could change how the policy is applied.
At Exeo, we help employers and families evaluate alternative pathways, develop contingency plans, and navigate cross-border options while staying compliant in a rapidly evolving immigration landscape.
For tailored guidance, contact us today.
