A court vacated the 75-country immigrant visa suspension. What was lifted and what remains

In a notice dated August 28, 2026, the State Department announced that the suspension of immigrant visa issuance for 75 countries, in place since January, ceased to have effect as of August 21. A court vacated the policy. The policy had forced consular officers to refuse applicants on the basis of nationality alone, even after each person had been individually reviewed and cleared. However, many of those countries remain under a separate suspension, and visas are still not being issued to them. Here is what was lifted and what remains, in order.

The court vacated a policy of refusing on nationality alone

"Consular officers were instructed to refuse immigrant visas to nationals of the 75 countries even where, after individualized review, they found the applicant was not likely to become a public charge and was otherwise qualified."

This is from the judgment of August 21, 2026.

The State Department announced the policy on January 14, 2026 and put it into effect on January 21. The stated reason was public charge, the review of whether a person is likely to rely on government assistance for living expenses after arriving in the United States. The 75 countries were selected as those where more than 30 percent of immigrant households from that country receive government assistance, and included Bangladesh, Pakistan, Ethiopia, Colombia, Russia, and Kazakhstan. What stopped was issuance; filing applications and attending interviews continued.

The instruction itself did not eliminate review. The cable sent to embassies worldwide directed officers to continue interviews and to fully review every ground, including public charge, for each applicant. The problem came next. Even applicants with nothing against them, and even applicants who had once been refused and then overcame that finding with evidence, were to be refused under the provision used when documents are missing. The judgment found that the policy amounted in effect to a near-total ban on immigrant visas for nationals of almost 40 percent of the world's countries.

The court's reason for finding the policy unlawful was not a violation of the public charge provision. It was that the Secretary of State exceeded the scope of his authority and violated the rule that people may not be discriminated against by nationality. So what this judgment restored is a state in which cases are decided according to the review; review itself was not removed or relaxed.

If you were refused under that policy alone, your case reopens

"This judgment vacates immigrant visa refusals made solely on the basis of that policy and remands those decisions to be processed in accordance with this ruling."

This is the conclusion of the same judgment.

"Remand" means sending the case back to where it was originally handled. If you received a refusal notice solely on the basis of that policy, that refusal is treated as never having happened, and the case returns to the consular officer for review. The court did not decide the outcome, so if the officer had also found another ground for refusal, the refusal stands even though the policy was also cited on the notice.

Those covered are not only people who heard the word "refusal." The January instruction also reopened cases in which a visa had already been approved and printed but had not yet left the embassy, refused them for missing documents, and told applicants only that "additional administrative processing" was required. So a person who never received a refusal notice and was told only that the case was in administrative processing may also be covered by this judgment. Whether your case qualifies depends on the ground for refusal stated on the notice.

Some people were never affected by the suspension at all: dual nationals applying on a valid passport from a country not on the list. The suspension applied only to immigrant visa applicants, and nonimmigrant visas such as tourist and student visas were never affected. No visa already issued was revoked under this guidance.

39 countries remain blocked for a different reason

"The State Department is reviewing its screening and vetting policies across the board to ensure that immigrants from high-risk countries do not improperly use welfare or become dependent on government assistance in the United States."

This sentence appears in the State Department's August 28 notice.

What was lifted is only the one suspension based on public charge, and in the same notice the State Department added that it would look more closely at screening. Separately, another suspension remains alive. A presidential proclamation has, since January 1, 2026, barred entry and visa issuance for nationals of 39 countries and for persons applying on a travel document issued by the Palestinian Authority.

Afghanistan, Myanmar, Burkina Faso, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen are under a full suspension in which no visa is issued. Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe are blocked for immigrant visas and for visitor and student visas, and Turkmenistan is blocked for immigrant visas only.

The exceptions are narrow: certain diplomatic and official visas, immigrant visas for persecuted ethnic and religious minorities from Iran, dual nationals applying on a passport from a country not subject to the suspension, special immigrant visas for people who worked for the U.S. government, participants in certain major sporting events, and lawful permanent residents. Spouses, parents, and children of U.S. citizens are not exempt.

So nationals of countries under the full suspension, such as Haiti, Iran, Syria, Laos, and Sudan, or under the immigrant visa block, such as Nigeria, will not receive visas even though the public charge suspension was lifted by this judgment. Diversity visa lottery winners should first check the separate guidance the State Department issued.

Interviews follow embassy notices; inside the United States, September 18 is the date

"The temporary rescheduling of immigrant visa interviews through August 31 alone does not show that the policy continues to be applied."

This is from the brief the government filed with the court on August 28.

The government said it was rescheduling interviews because it needed to prepare guidance for complying with the court's order and to reflect changes in the public charge determination procedure. The dispute over how to implement the judgment continues; a hearing on that question was held on August 31, but as of this writing, what the court decided has not been confirmed in the public record. It is safer not to cancel or postpone your interview on your own, and to act on the notices you receive directly from the embassy.

The review standard itself is unchanged. What the State Department looks at is two things: cash assistance received for living expenses, and long-term stays in institutions at government expense. Examples are Supplemental Security Income (SSI), Temporary Assistance for Needy Families, state or local general assistance, and long-term institutionalization in nursing or mental health facilities. The officer also considers age, health, family situation, financial status, education, and skills.

Even if refused on financial grounds, the path of submitting more evidence to overcome the finding has always existed, and a pilot procedure for obtaining a visa by posting a bond has been added. You cannot post it on your own initiative; the consular officer informs those who must. Once the bond is approved, the visa is issued as long as there is no other problem with eligibility, and the bond can be refunded if the conditions are met.

For people applying for a green card inside the United States, there is one more date. USCIS is issuing a new edition of the green card application (Form I-485) as of September 18, and this time there is no period during which the old edition is also accepted. Before September 18, only the old edition is accepted; from that day, only the new one. If mailing, the postmark date controls.

Closing

There are three things you can do now. First, take out any notice you received about an immigrant visa after January 21. If it was a refusal, check the stated ground; if you were told only that additional administrative processing was needed, check the current status of your case.

Second, check whether your country is subject to the presidential proclamation's suspension. If it is, no visa will be issued regardless of this judgment, and spouses, parents, and children of U.S. citizens are not exempt.

Third, if an interview is coming up, gather your tax returns, proof of employment, and sponsor documents in one place in advance. If you have ever received government assistance, note what you received and when. Not everything you received falls within the review.

Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.

Law Office of Jin D. Cho, P.C.

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