Updated September 17, 2026
The Department of State has formally ended the 75-country immigrant visa pause and the separate Diversity Visa pause. A September 10, 2026 cable directed U.S. consular posts to resume case-by-case adjudication and reconsider affected cases.
The changes follow federal court rulings in Catholic Legal Immigration Network, Inc. v. Rubio and Medani v. Trump. The developments affect many applicants pursuing an employment-based immigrant visa, family-based green card, or Diversity Visa through consular processing.
The government has appealed the CLINIC v. Rubio ruling to the U.S. Court of Appeals for the Second Circuit and renewed its request for a stay on September 14. The ruling remains in force unless a court grants a stay.
What the Court Vacated in CLINIC v. Rubio
On August 21, 2026, Judge Jeannette A. Vargas of the U.S. District Court for the Southern District of New York vacated the State Department’s categorical policy suspending immigrant visa issuance for nationals of 75 countries.
The vacated policy required consular posts to refuse immigrant visa applications under INA § 221(g) based solely on the applicant’s nationality and the government’s public-charge concerns.
The ruling:
- Vacated the 75-country immigrant visa pause.
- Set aside immigrant visa refusals issued solely under that policy.
- Required affected cases to return to consular officers for lawful, individualized adjudication.
- Did not invalidate refusals based on independent grounds of inadmissibility.
- Did not invalidate the separate presidential country travel ban.
The State Department’s September 10 cable implemented the ruling worldwide. It rescinded the prior guidance and instructed posts that the immigrant visa pause is no longer in effect.
The August 21 opinion and order in CLINIC v. Rubio provides the legal basis for the vacatur.
The Medani Ruling Also Lifted the Diversity Visa Pause
The separate Medani v. Trump litigation addressed the Diversity Visa issuance pause. The September 10 cable confirms that both pauses are no longer in effect.
This change is particularly urgent for DV-2026 selectees. Diversity Visa numbers for fiscal year 2026 expire on September 30, 2026. A selectee who does not receive the visa or adjust status before that deadline generally cannot use the DV-2026 number later.
The State Department has therefore directed posts to move Diversity Visa cases ahead of the ordinary queue when necessary to preserve the remaining fiscal-year opportunity.
The September 10 State Department Cable: Key Instructions
The cable, titled “Action Request: Vacatur of Immigrant Visa (IV) and Diversity Visa (DV) Issuance Pauses,” requires consular posts to take several specific actions.
Resume case-by-case adjudication
Posts must resume ordinary, individualized adjudication of immigrant visa cases. Officers may not rely on nationality as a categorical substitute for the legally required public charge analysis.
The policy applies to immigrant visa categories processed through U.S. embassies and consulates abroad, including:
- Family-sponsored immigrant visas.
- Employment-based immigrant visas.
- Certain special immigrant categories.
- Diversity Visas.
- Other immigrant classifications processed through consular processing.
Reopen prior 221(g) refusals issued solely under the pause
Posts must review and reopen immigrant visa and DV-2026 cases that were previously refused under INA § 221(g) solely because of the rescinded pause.
The cable prohibits new 221(g) refusals based solely on either pause. A consular officer may still use 221(g) for legitimate case-specific reasons, including:
- Missing civil or financial documents.
- Required administrative processing.
- Security or background checks.
- Updated evidence needed to resolve an eligibility issue.
- Other lawful procedural grounds.
A prior 221(g) refusal does not automatically mean that the applicant will receive a visa. The applicant must still satisfy all statutory and regulatory requirements.
Process cases in queue order
For ordinary immigrant visa cases, posts are instructed to process cases according to the original interview date on a first-come, first-served basis.
The relevant date is generally the date the applicant was originally scheduled for an interview, not the date the case is reopened. Applicants should retain appointment notices, prior correspondence, and refusal documentation showing the original interview date.
Diversity Visa cases receive priority because FY 2026 numbers expire on September 30.
Request updated documents
Applicants should expect consular posts to request updated documents. The cable specifically contemplates refreshed:
- Medical examinations.
- Police certificates.
- Civil documents.
- Affidavits of support and financial evidence.
- Passport information.
- Other documents that expired while the case was paused.
Applicants should not submit unsolicited documents unless the post or the National Visa Center requests them. They should, however, begin identifying documents that may require renewal so they can respond quickly.
Schedule follow-up interviews when necessary
Some applicants may receive a request for a follow-up interview. A new interview may be necessary when:
- The medical examination has expired.
- The public charge worksheet requires additional information.
- The applicant’s employment, family, or financial circumstances have changed.
- The prior interview occurred before the pause and the officer needs updated facts.
- The case contains unresolved admissibility concerns.
A follow-up interview is not necessarily a denial indication. It means the post requires additional information before completing adjudication.
Public Charge Worksheet and the September 18 Rule
The cable requires a completed public charge worksheet in all immigrant visa cases, including Diversity Visa cases.
The worksheet supports a case-specific assessment under INA § 212(a)(4). The officer may review factors including:
- Age.
- Health.
- Family status.
- Assets, resources, and financial status.
- Education, training, and employment skills.
- Current and expected income.
- Household size and obligations.
- Employment history and prospects.
- Financial support from a sponsor or household member.
- Relevant benefits or other financial circumstances.
The requirement takes effect as the Department of Homeland Security’s new public charge rule becomes effective on September 18, 2026. The new rule rescinds the prior 2022 regulations and applies a broader totality-of-the-circumstances framework in applicable cases.
A sufficient Form I-864, Affidavit of Support, remains important. It does not automatically resolve every public charge concern. Consular officers may evaluate the applicant’s complete circumstances and the sponsor’s ability to provide support.
Blasingame Law’s discussion of the September 18 public charge rule explains the related changes to financial evidence, benefit history, and sponsorship obligations.
Applicants should prepare accurate, consistent evidence. Omissions or inaccurate answers can create separate problems involving credibility or misrepresentation.
The Separate Country Travel Ban Remains in Force
The lifted 75-country immigrant visa pause is not the same policy as the separate country travel ban.
The travel ban remains in force. It may still restrict visa issuance or entry for nationals of designated countries, depending on the country, visa classification, and applicable exception.
This distinction is critical:
- The 75-country pause was a State Department policy focused on immigrant visa issuance and public-charge concerns.
- The travel ban arises from a separate presidential proclamation.
- The CLINIC v. Rubio ruling did not vacate the travel ban.
- A person may benefit from the end of the 75-country pause but remain subject to a separate travel-ban restriction.
Applicants must evaluate both policies before making travel plans or relying on an expected visa issuance.
The Pause Did Not Suspend H-1B, L-1, F-1, or B1/B2 Visas
The 75-country pause applied only to immigrant visas. It did not suspend nonimmigrant visa categories such as:
- H-1B specialty occupation visas.
- L-1 intracompany transferee visas.
- F-1 student visas.
- B-1 business visitor visas.
- B-2 visitor visas.
This does not mean every applicant from every affected country can receive a nonimmigrant visa. The separate travel ban, ordinary eligibility requirements, and other inadmissibility grounds may apply. The key point is that the 75-country immigrant visa pause did not itself prohibit these nonimmigrant categories.
Action Steps for Employers and HR Departments
Employers should treat the resumption of consular processing as an operational planning issue. Visa issuance may occur with limited notice after a case is reopened.
Employers and HR teams should:
- Identify stalled employment-based cases. Review employees and dependents whose immigrant visa cases were refused or delayed under the 75-country pause.
- Confirm the original interview date. Preserve records supporting the employee’s place in the first-come, first-served queue.
- Review document validity. Identify expired medical examinations, police certificates, passports, employment letters, and financial documents.
- Confirm the continuing job offer. Verify that the sponsored position, work location, compensation, and business need remain accurate.
- Prepare for short-notice issuance. Employees may need to complete travel, resignation, relocation, or onboarding arrangements quickly.
- Update foreign national employees and dependents. Provide accurate information without promising a specific issuance date.
- Develop contingency plans. Address remote work, delayed start dates, temporary assignments, visa expiration, and travel restrictions.
- Coordinate with immigration counsel. A business immigration attorney should review cases involving prior 221(g) refusals, public charge concerns, travel-ban overlap, or changed employment circumstances.
Employers should not assume that the end of the pause eliminates all visa risk. Independent inadmissibility grounds, quota limitations, document deficiencies, and travel restrictions remain relevant.
Action Steps for Families and Family-Based Green Card Applicants
Families should review their cases carefully and prepare for renewed communication from the National Visa Center or the assigned consular post.
Recommended steps include:
- Confirm whether the prior 221(g) refusal cited only the immigrant visa pause.
- Preserve the original interview appointment notice and refusal sheet.
- Monitor the NVC case update date and official case status.
- Review whether the medical examination and police certificates remain valid.
- Update the Form I-864 and supporting financial evidence if necessary.
- Prepare documentation concerning household size, income, assets, liabilities, employment, and health.
- Determine whether the separate country travel ban applies.
- Prepare for a possible follow-up interview.
- Avoid making nonrefundable travel arrangements before visa issuance.
Applicants should not email consulates repeatedly to request expedites. Unsolicited expedite requests generally do not change the queue and may not receive a substantive response. Applicants should instead monitor NVC case update dates, official consular instructions, and written requests for additional documents.
What Applicants Should Do Now
The September 10 cable creates a path for many paused cases to move forward, but it does not guarantee immediate issuance.
Applicants should:
- Review the legal basis for any prior refusal.
- Gather updated civil, medical, police, employment, and financial documents.
- Monitor official communications from the NVC and consular post.
- Prepare for the public charge worksheet.
- Check for separate travel-ban restrictions.
- Obtain individualized advice before responding to a complex document request or inadmissibility concern.
The State Department’s visa news page and relevant case communications should be monitored regularly.
Contact Blasingame Law LLC
The end of the 75-country immigrant visa pause creates significant opportunities but also introduces time-sensitive document, public charge, and travel-ban issues.
Blasingame Law LLC provides experienced guidance for employers, HR departments, families, and individuals navigating employment-based immigrant visas, family-based green cards, consular processing, and public charge concerns. With more than 30 years of immigration law experience, the firm provides personalized legal strategies for complex and changing circumstances.
Schedule a consultation with Blasingame Law LLC to review a paused immigrant visa case, reopened 221(g) refusal, employment-based green card matter, or family consular processing case.
