U.S. Court Strikes Down 75-Country Immigrant Visa Ban After August 21 Ruling

by Niloofar Rahimi Zadeh updated on Sep 1, 2026 11:05:59 AM

A federal court has struck down a U.S. State Department policy that blocked the issuance of immigrant visas to nationals of 75 countries. The State Department now confirms that the nationality-based pause, which took effect on January 21, 2026, has been no longer in effect since August 21, 2026.

The ruling is significant for people pursuing U.S. permanent residence through consular processing, including some employment-based green card applicants. However, it does not directly change the rules for F-1 student visas, OPT, CPT, or H-1B visas because those are nonimmigrant categories.

There is also an important complication: ending the 75-country ban does not mean immigrant visa appointments have immediately returned to normal worldwide.

What Happened to the 75-Country Immigrant Visa Pause?

In January 2026, the State Department suspended immigrant visa issuance for nationals of 75 countries while reviewing screening procedures related to the U.S. government's "public charge" rules.

The affected list included countries such as Iran, Pakistan, Nepal, Bangladesh, Nigeria, Ghana, Brazil, Thailand, Egypt, Colombia, and many others. India was not among the 75 countries.

On August 21, U.S. District Judge Jeannette A. Vargas of the Southern District of New York ruled in Catholic Legal Immigration Network, Inc. v. Rubio that the blanket policy exceeded the Secretary of State's legal authority.

The court ordered the government to vacate the policy and also set aside immigrant visa refusals that were based solely on the 75-country suspension, sending those cases back for further consideration.

The State Department subsequently updated its website to confirm that the January pause is no longer in effect.

Does This Mean Immigrant Visa Processing Has Fully Resumed?

Not necessarily.

Days after the August 21 court decision, the State Department separately began adjusting or postponing immigrant visa appointments worldwide while consular officers undergo additional training on public-charge screening.

Reuters reported on August 26 that immigrant visa appointments at U.S. embassies and consulates were being temporarily paused or rescheduled as part of the global training initiative. The State Department did not announce a general date for appointments to return to normal.

These are two different developments:

Development	Current status
75-country nationality-based immigrant visa issuance pause	Ended after the August 21 court ruling
Separate global immigrant visa appointment adjustments for officer training	Applicants may still experience postponements or rescheduling

This distinction matters because headlines saying the United States has simply "resumed immigrant visa appointments for 75 countries" can give applicants the impression that all affected cases are immediately moving forward.

The nationality-based restriction is gone, but individual consular posts may still face scheduling disruptions.

Are F-1 Students, OPT Workers, or H-1B Holders Affected?

The 75-country policy specifically applied to immigrant visas, meaning visas used to immigrate permanently to the United States.

F-1 student visas and H-1B temporary worker visas are classified as nonimmigrant visas, so they were not directly covered by this particular immigrant visa suspension.

That means the ruling does not, by itself, change:

F-1 visa eligibility or student status
CPT or Day 1 CPT employment authorization rules
OPT or STEM OPT requirements
H-1B eligibility or status
H-1B cap or lottery procedures

The development may become relevant, however, for an international student or H-1B professional who later reaches the immigrant-visa stage of an employment-based green card case and plans to complete the process at a U.S. embassy or consulate abroad.

Employment-based permanent residence can generally be completed either through adjustment of status with USCIS inside the United States or through immigrant visa processing with the Department of State abroad, depending on the applicant's circumstances.

The court ruling concerns the State Department's immigrant visa process rather than creating a new rule for adjustment-of-status applications handled by USCIS.

What Should Affected Immigrant Visa Applicants Do Now?

Applicants from one of the 75 previously restricted countries should not assume that an interview or visa issuance will happen immediately simply because the January policy has been overturned.

The State Department's official guidance confirms that the nationality-based pause itself is no longer in effect, meaning applicants cannot be denied solely under that blanket policy.

However, applicants should continue checking communications from the National Visa Center and their assigned U.S. embassy or consulate because appointment dates may still be affected by the separate global training initiative.

For F-1 students and H-1B professionals who are not currently pursuing an immigrant visa through a U.S. consulate, the August 21 ruling does not require any immediate action.

Sources:

"Explore Day 1 CPT Universities"

Topics: Green card Visa & Status Immigration New Policy

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