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Visa Suspension — Visa Suspension & Bans
Contents
Full breakdown of the suspension of immigrant visa issuance to 75 countries: who is affected, who isn’t, what to do and what alternatives exist. Analysis based on the proclamation text, lawyers’ reactions, and community experience.
Visa suspension for 75 countries: who is affected
Starting January 21, 2026, the U.S. suspended issuance of immigrant visas (green cards) to nationals of 75 countries. Tourist, work and student visas continue to operate as usual.
If you planned to get a green card through a consulate — the process is on pause. But there are workarounds: an O-1 visa allows entry to the U.S. and filing for a green card from inside the country, bypassing the consulate.
Below we cover who is affected, who isn’t, the full list of 75 countries, what to do if you have an interview scheduled, and 7 strategies for those impacted by the restrictions.
Key takeaways
Effective January 21, 2026. No end date announced.
Almost 50% of the usual annual immigrant inflow.
O-1, H-1B, B1/B2, F-1, L-1 operate as usual.
- Only immigrant visas are suspended (family, EB-1/2/3, DV Lottery). Tourist, student, H-1B, L-1, O-1 visas are operating normally.
- Adjustment of Status inside the U.S. is not affected. If you have an approved I-140 and are in the U.S. — that’s your main route.
- O-1 remains available to nationals of all 75 countries and is a pathway to a green card via change of status inside the U.S.
- No end date announced. The State Department said “until further notice” — this could be weeks or months.
Situation
On January 14, 2026 the U.S. State Department announced a suspension of immigrant visa issuance for nationals of 75 countries. The decision takes effect on January 21, 2026.
Official position travel.state.gov
What is suspended: Immigrant visa issuance for nationals of 75 countries starting January 21, 2026.
What continues: Acceptance of applications and conducting interviews. Visas are not printed or issued, but case processing continues.
What is NOT affected: Previously issued visas are not revoked. Nonimmigrant visas (O-1, H-1B, B1/B2, F, J) operate normally.
Exception: Dual nationals may apply on the passport of a country not on the list.
The reason: Public charge — the rule under which the U.S. can deny a visa if it believes a person will live on public benefits rather than work. The State Department stated that nationals of 75 countries “present a high risk” of becoming such beneficiaries.
In plain terms: if you won the green card lottery, the consular officer checks whether you can support yourself in the U.S. or will seek food, housing, medical care from the government. Now, for nationals of 75 countries this question is put “on pause” until further notice.
Where to follow updates: travel.state.gov — the State Department’s official visa website. Specifically for this situation: the suspension page.
Last update: January 14, 2026
"The State Department will use its long-standing authority to deem ineligible potential immigrants who would become a public charge on the United States and exploit the generosity of the American people."
Tommy Piggott, State Department spokesperson (Fox News, January 14, 2026)
Timing: No end date for the suspension has been given. The State Department did not announce when visa issuance will resume. It could be a month or a year — no one knows. Official wording: “until circumstances change.”
How the news evolved over 48 hours
9:00 AM ET, January 14. Fox News Digital publishes an exclusive marked “FIRST ON FOX,” citing a leaked internal State Department cable. Headline: “US freezes all visa processing for 75 countries.” The word “all” sparked panic in chats — many assumed the ban covered all visas without exception.
17 minutes later Fox edits the headline to “immigrant visa processing” instead of “all visa processing.” Big difference, but hundreds had already contacted lawyers.
Daytime. The State Department confirmed the suspension via spokesperson Tommy Piggott. Major media picked up the story: CNN, NBC News, PBS, NPR, Reuters, Bloomberg, Al Jazeera.
Evening. The State Department clarified that nonimmigrant visas (tourist B1/B2, work, student) are not part of the pause.
January 15 — an important clarification. The State Department clarified: acceptance of new applications and conducting interviews does not stop. Consulates continue to process documents, but visas will not be issued while the moratorium is in effect.
This was not entirely sudden. In November 2025 the State Department had already sent a cable to consuls worldwide with instructions to tighten public charge checks.
Softening of initial formulations:
- At first: “ban on ALL visas for 75 countries”
- Then: “only immigrant visas”
- Then: “only for those who may become a public charge”
The rhetoric has softened. If you’re familiar with U.S. bureaucracy, don’t expect a quick reversal — minimally several months.
This isn’t the first restriction — context
The suspension for 75 countries is part of a series of immigration restrictions in recent months:
- December 2025: Suspension of the DV Lottery. 129,516 DV-2026 winners are left in limbo (The Guardian).
- January 1, 2026: Presidential Proclamation 10998 — entry restrictions for nationals of 39 countries.
- Since January 2025: Over 100,000 visas revoked (Reuters).
- January 14, 2026: Suspension of immigrant visas for 75 countries (this news).
What this means: The administration is steadily tightening immigration policy. Don’t expect a quick rollback — this appears to be a systemic direction, not a one-off decision.
Who is affected
There are two visa types in the U.S.: immigrant visas — which grant a green card and permanent residency, and nonimmigrant visas — temporary (tourist, work, student). The suspension concerns only immigrant visas.
What is suspended
- Employment-based immigrant visas: EB-1 A/B/C (for persons of extraordinary ability, researchers, executives), EB-2 (advanced degree professionals), EB-3 (skilled workers), EB-5 (investors from $800,000).
- Family visas: IR visas for immediate relatives of U.S. citizens (spouses, children, parents) and F1–F4 for extended relatives (siblings, adult children).
- DV Lottery: Visas under the Diversity Visa program (green card lottery) are also suspended.
Special situation: DV Lottery winners
129,516 DV-2026 winners are in a critical situation:
- The DV Lottery program was suspended back in December 2025
- Deadline September 30, 2026 — after this date the win expires
- This deadline cannot be extended — it is set by law
If you are a lottery winner: time is short. Consider alternative routes (O-1, student visa) now.
According to David Bier of the Cato Institute, the ban could prevent around 315,000 immigrants from entering in a year — nearly 50% of the usual annual inflow.
Important: even approved visas may be delayed
According to a leaked State Department cable, consular staff have been instructed to withhold visas that have already been approved but not yet stamped in the passport.
Good news: Visas already stamped in passports will not be canceled.
Dual citizenship
If you personally hold a second citizenship of a country NOT on the list, you can apply using that passport and avoid the restrictions.
What is Proclamation 10998 — in simple terms
In short: This is a presidential proclamation by Trump that prohibits or limits visa issuance to nationals of 39 countries. Signed December 16, 2025, effective January 1, 2026.
How it came about:
- During Trump’s first administration (2017–2021) there was a “Muslim Ban” restricting entry from several Muslim-majority countries
- The U.S. Supreme Court upheld that the president has authority to do this (case Trump v. Hawaii, 2018)
- On January 20, 2025 (the second inauguration), Trump signed an order to identify countries that “do not adequately vet their nationals”
- In June 2025 the first list of 19 countries appeared
- In December 2025 the list expanded to 39 countries and some exemptions were removed
Connection to the 75-country news: Proclamation 10998 and the “75-country list” are different documents but work together. The proclamation is about security; the 75-country list is about public charge. However, exemptions in the proclamation (dual nationality, LPRs, diplomats) apply to both.
Proclamation 10998 (official text)
"Any dual national of a country designated under sections 2, 3, 4, or 5 of this proclamation when the individual is traveling on a passport issued by a country not so designated"
Translation: If you have two passports (for example, Russia and Israel), and Russia is on the list but Israel is not — you can apply using the Israeli passport and the restrictions do not apply to you.
"Dual nationals applying with a valid passport of a country that is not listed above are exempt from this pause."
Translation: Persons with dual citizenship applying with a valid passport of a country not listed above are exempt from this pause.
Important: each family member is a separate applicant
The exemption applies to each family member separately by their own passport. If the principal applies with a passport of a country NOT on the list, this does NOT exempt a spouse or children who only hold passports of a country on the list.
Fragomen (largest immigration law firm)
"Dual nationals applying for an immigrant visa with the passport of a country not listed above are exempt from the immigrant visa suspension."
Translation: A second passport allows bypassing the restrictions. The key phrase is “with the passport” — the passport you apply with matters.
NAFSA: Proclamation December 16, 2025
"The proclamation does not provide exemptions for derivative family members based on a relative's different nationality."
Translation: Your second passport helps only YOU. If your spouse or children do not have their own second passport of a country not on the list — they remain subject to the restrictions.
Real community story (November 2025)
"The interview for my EB-2 NIW was friendly. They asked a few questions: petition category, where I plan to work, when I got married, which countries we lived in for more than 6 months. They asked my husband about his profession.
At the end the officer said medical results were needed to complete processing. But regarding my husband they said they had to refuse because of the presidential proclamation, since his country of citizenship is on the restriction list.
Now I’ll have to consider traveling alone with three kids. We don’t know when this ban will end."
A member of the “Talent in Everyone” chat. Family of 5: principal was approved, husband was refused under the ban.
What to do if you have a second citizenship:
- Verify your second passport is registered with the consulate
- Ensure the passport is valid (at least 6 months beyond planned entry date)
- Monitor updates on travel.state.gov
- Consult an attorney in mixed cases
If you don’t have second citizenship — consider the O-1 route, then change of status inside the U.S.
Who is NOT affected
Most visa categories operate as normal. The State Department officially confirmed that issuance of nonimmigrant visas will continue.
Why tourist visas definitely won’t be frozen? The U.S. is hosting the 2026 FIFA World Cup and the 2028 Los Angeles Olympics.
What operates as usual
- Tourist and business: B-1/B-2 visas are issued without changes
- Educational: F-1 (student), J-1 (exchange programs, internships), M-1 (vocational)
- Nonimmigrant work: H-1B, L-1, O-1 (for individuals of extraordinary ability), E-1/E-2
- Other: K-1 (fiancé visas), Adjustment of Status via form I-485, previously issued visas are not revoked
Already in the U.S. with an approved I-140?
I-140 is an immigrant petition. If it’s approved, the U.S. has recognized that you qualify for a green card.
If you are already in the U.S. (for example, on O-1 or H-1B) and your I-140 is approved — file for Adjustment of Status (form I-485). This is the process of changing status from temporary to permanent without leaving the country. It’s processed by USCIS (the immigration agency inside the U.S.), not a consulate abroad. The suspension does NOT affect you.
But note
Although nonimmigrant visas are formally not suspended, applicants from the 75 countries should expect more thorough scrutiny. According to the Associated Press, consulates were instructed to more carefully vet even tourists and students. Prepare financial documents in advance, even for a tourist visa.
Processes inside the U.S.
The suspension concerns only the State Department. USCIS continues to operate as usual: Adjustment of Status (I-485), work authorizations (EAD), naturalization.
List of 75 countries
The full list was published in a leaked State Department cable. Note: China, India and Mexico are not on the list.
Europe & CIS (14): Russia, Uzbekistan, Kazakhstan, Azerbaijan, Belarus, Kyrgyzstan, Georgia, Moldova, Armenia, Albania, Bosnia and Herzegovina, North Macedonia, Kosovo, Montenegro
Middle East (13): Egypt, Iran, Sudan, Algeria, Iraq, Morocco, Yemen, Syria, Tunisia, Jordan, Libya, Lebanon, Kuwait
Africa (20): Nigeria, Ethiopia, DR Congo, Tanzania, Uganda, Ghana, Côte d’Ivoire, Cameroon, Somalia, Senegal, Guinea, Rwanda, South Sudan, Togo, Sierra Leone, Republic of the Congo, Liberia, Eritrea, Gambia, Cabo Verde
Asia & Oceania (11): Pakistan, Bangladesh, Thailand, Myanmar, Afghanistan, Nepal, Cambodia, Laos, Mongolia, Fiji, Bhutan
Latin America (17): Brazil, Colombia, Guatemala, Haiti, Cuba, Nicaragua, Jamaica, Uruguay, Bahamas, Belize, Barbados, Antigua and Barbuda, Grenada, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Dominica
Not on the list: China, India, Mexico, Philippines, South Korea, Israel, EU countries, United Kingdom
Public Charge: breakdown of the justification
Public Charge is a test that determines whether an immigrant would become a “public charge” (dependent on benefits). The State Department uses this argument to justify the suspension.
The entire memo is built around section 212(a)(4) of immigration law — it bars entry to people likely to become public charges.
Important: This is NOT a statutory ban — a consular officer can waive it. Unlike some other restrictions, a public charge-based refusal can be overturned on an individual basis.
Which benefits the State Department refers to
- SNAP (Supplemental Nutrition Assistance Program): food assistance for low-income people. Max ~$994/month for a family of four. For food only.
- Medicaid: government health insurance for low-income people. 83 million beneficiaries, ~$880 billion/year budget.
- SSI (Supplemental Security Income): cash support for disabled and elderly. ~$994/month per person. For immigrants usually requires 5+ years of lawful presence.
- TANF (Temporary Assistance for Needy Families): temporary cash assistance for families with children. Lifetime limit: 5 years total.
How the requirements changed
Which benefits are considered “bad”: Under Biden — primarily cash benefits (SSI, TANF). Under Trump — SNAP (food), Medicaid (medical), housing assistance were added.
Which period of life is checked: Under Biden — only the current situation. Under Trump — the entire history (“totality of circumstances”). It doesn’t matter if you now have a good job. If 5 years ago you received assistance — the consul will see it.
How often refusals occur: Under Biden — rare (less than 0.3%). Under Trump — a significant increase is expected.
Timeline of public charge rule changes
- 2019: Trump 1.0 — new regulation (84 FR 41292) expanded the concept. Waves of lawsuits followed.
- 2021–22: Biden — the rule was reversed. The narrow definition returned.
- November 2025: Trump 2.0 — DHS proposed reversing Biden’s rule.
Contradiction: Under federal law PRWORA 1996, lawful immigrants DO NOT receive federal benefits for the first 5 years after obtaining a green card. Someone granted an immigrant visa today cannot immediately “go on benefits.”
What consuls specifically check (November instruction)
Factors: age, health, English ability, education, occupation, financial resources, marital status, need for medical care.
High-risk groups for refusal:
- Older applicants
- People with obesity (as a factor for medical costs)
- Those who previously received cash assistance from the government
- Those who have been dependent on public support
What critics say
Elora Mukherjee, director of the Immigrant Rights Clinic, Columbia University:
“This new announcement is effectively an immigration ban on a very significant portion of the world coming to the United States.” (NPR)
Alan Viard, economist, American Enterprise Institute (conservative think tank):
Calls the approach “harmful and unnecessarily stringent.” (AEI)
Analysis: why these countries
The official justification is to fight “public charge.” But looking at the list closely raises questions.
Major sources of immigration NOT on the list
China. Only 7.8% of Chinese immigrants receive public benefits. The real reason: Chinese specialists are critical to the tech industry.
India. Indian professionals receive about 70% of all H-1B visas. Blocking them would cripple the IT sector.
Mexico. The largest trade partner of the U.S. Border states depend on Mexican labor.
Four reasons China, India and Mexico aren’t on the list
1. Technical: connection to the DV Lottery. China, India, Mexico do not participate in the DV lottery — they already have high immigration flows. The “75-country” list largely overlaps with countries eligible for the lottery.
2. Diplomatic and economic. India is a key supplier of IT talent (H-1B). Mexico is a major neighbor and economic partner; the U.S. co-hosts the 2026 World Cup with Mexico.
3. Legal vulnerability. By distributing the list worldwide, the administration can argue economic rather than racial criteria.
4. Parallel restrictions already in place. H-1B fees were raised to up to $100,000 for some categories, Trump Gold Card initiatives, etc.
Oddities in the list
Not included though logical: Turkmenistan, Ukraine.
Included unexpectedly: Caribbean states (Saint Kitts and Nevis, Dominica), Kazakhstan.
Bottom line: The H-1B talent pool is protected. The list correlates more with geopolitics than with welfare statistics.
How countries on the list reacted
Official protests rarely change things in the short term. Don’t expect your government to “resolve” this quickly. Look for personal alternatives.
[details=“Country reactions”]
Russia. In 2024 Russians received 5,200 immigrant visas and 59,200 nonimmigrant visas. Since September 2025 Russians file only in Warsaw or Astana. Sources: RBC, Meduza
Brazil. Lula’s government was caught off guard. In South America only Brazil, Colombia and Uruguay are on the list. Argentina — an ally of Trump under Milei — was not included. Source: CNN Brasil
Nigeria. Over 18,000 Nigerian immigrants are affected. The Nigerian community in the U.S. is among the most educated immigrant groups. Sources: Punch, Guardian NG
Pakistan. Pakistan’s foreign ministry said it is “in contact with the U.S. side.” Interviews continue, but visas are not issued — passports are returned with status 221(g). Source: Express Tribune
Chinese community: relief that China is not on the list. Advice: strengthen financial documentation, consider change of status inside the U.S.
Indian media: note the contrast with neighbors. All neighbors (Pakistan, Bangladesh, Nepal, Bhutan) are on the list while India is not.
Russia: Deputy Foreign Minister Ryabkov said Russia “does not intend to respond with reciprocal measures.”
What to do if you have an interview scheduled
The State Department confirmed: interviews will continue to be scheduled and conducted. But visas will not be issued during the pause.
Attorney comment Thomas M. Lee (LinkedIn):
“A pause is not the same thing as a permanent ban. Your case still exists.”
A pause is not a refusal. If you complete an interview after January 21, your case will not be denied (refused). Instead, it will be placed on administrative hold under 221(g).
Three scenarios
Interview before January 21. Go as scheduled. If the visa is approved — it will be issued.
Interview after January 21. The interview will be conducted, but the visa will not be issued — the case will be put on hold (221g). The case remains active, not denied.
Visa already issued but unused. Visas already issued will NOT be revoked. Consider entering before January 21.
Details from the memo:
- Interview done, visa approved, but not printed: Passport will be returned with a 221(g) slip
- Visa was affixed but passport still at the consulate: The visa will be canceled (stamp “cancelled”), passport returned with 221(g)
- Passport with visa already in applicant’s possession: The visa remains valid and will not be canceled
Refusal vs Denial — important distinction
Denial — a final refusal. Refusal (221g) — a procedural hold; the case remains open. After January 21 you’ll mostly see refusals recorded as administrative processing, not final denials.
Medical exam validity
Medical exams are usually valid for 6 months. If delays extend beyond that — you may need to retake the exam.
Approved I-140 and current priority date?
Your petition remains valid. NVC continues to process documents. When the pause ends, you will be in the queue.
Alternative: If you can enter the U.S. on a nonimmigrant visa (O-1, H-1B, L-1), you can file for Adjustment of Status inside the country. This bypasses consular processing entirely.
Edge cases and exceptions
Scheduled interviews
Be prepared for cancellations or rescheduling. Still attend your interview if it’s scheduled. Formally the case will be placed in “Administrative Processing (221g)” until the moratorium is lifted.
Petitions I-130, I-140, DV Lottery in process
The new policy does not stop USCIS petition adjudication. But even after approval, the consular stage will not complete with a visa until the suspension ends.
Particular pain for lottery winners: Visas “expire” after September 30. The DV program works on a “use it or lose it” basis.
Who the ban does NOT affect
Critical to understand: The ban applies ONLY to those who, on the effective date, are outside the U.S. and do not already hold a valid visa.
DOS News Alert (Dec 19, 2025)
"Foreign nationals, even those outside the United States, who hold valid visas as of the effective date are not subject to Presidential Proclamation 10998. No visas issued before January 1, 2026 at 12:01 a.m. EST, have been or will be revoked pursuant to the Proclamation."
Visas issued before January 1, 2026 were not and will not be revoked.
Official exemptions under Proclamation 10998
Exemptions include:
- Lawful Permanent Residents (LPR) — U.S. permanent residents
- Dual nationals — persons with dual citizenship entering on a passport of a country NOT on the list
- Diplomatic visas — A-1, A-2, C-2, C-3, G-1–G-4, NATO-1–NATO-6
- Athletes for the 2026 World Cup and 2028 Olympics
- SIV (Special Immigrant Visa)
- Persecuted religious minorities from Iran
- Refugees and asylees
Important change: Proclamation 10998 REMOVED exemptions for immediate family visas (IR-1/CR-1, IR-2/CR-2, IR-5), adoptions and Afghan SIVs. These categories are no longer exempt.
Detailed analysis
Proclamation 10998: two types of restrictions
Full Ban (19 countries + PA documents): ALL visas are prohibited. Afghanistan, Burkina Faso, Burma, Chad, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, PA documents, Republic of the Congo, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Yemen
Partial Ban (20 countries): Immigrant visas + B-1, B-2, F, M, J are restricted. Work visas (H-1B, O-1, L-1) are NOT affected.
Citizenship vs. residence
Citizenship is the key criterion; place of residence does not matter. A citizen of Kazakhstan living in the UAE is subject to the restrictions. A German citizen residing in Nigeria is not.
What affected people should do: 7 strategies
Strategy 1: AOS instead of consular processing
If you already have an approved petition, consider entering the U.S. on a nonimmigrant visa and filing for Adjustment of Status inside the U.S. AOS is not covered by the ban.
Important
A nonimmigrant visa must not be obtained by fraud. Entering as a tourist with the secret intent to stay is risky. If you have a legitimate path — study, work, O-1 — use it.
Strategy 2: Keep your case alive
Continue the process: send documents to NVC, pay fees, prepare the affidavit. Don’t miss deadlines for NVC or consulate requests, otherwise your case can be closed for inactivity.
Strategy 3: Monitoring
- Monitor travel.state.gov
- Check your mail: official notifications can come from NVC or the embassy
Strategy 4: Second citizenship
If you are eligible for another citizenship — obtaining a second passport will remove the restrictions.
Strategy 5: Financial documents
Gather bank statements, property deeds, investment documents. If you have a high-income co-sponsor — secure their support. Strengthen your Affidavit of Support in advance.
Strategy 6: Plan B
Canada, Europe, Australia — if you can emigrate there, don’t ignore that option. The U.S. may be closed to half the world in the coming year.
Strategy 7: Collective action
Legal challenges are already underway in the U.S. If you have close ones who are U.S. citizens, they should contact their Congressional representatives.
What NOT to do:
- Don’t cancel your interview on your own — wait for consulate notification
- Don’t file urgent applications claiming “last chance”
- Beware of scammers offering “ban bypass for money”
- Any immigration law violation now can close doors permanently
O-1 as an alternative: a path to the green card
O-1 is a nonimmigrant visa, and it is NOT included in the suspension. Moreover, it’s a pathway to a green card that completely bypasses consular processing.
Why O-1 works:
- It’s a nonimmigrant visa — not subject to the suspension
- There is no public charge test in the same way
- You can apply now while immigrant visas are frozen
- It enables a path to a green card from inside the U.S. (without leaving for the consulate)
Path from O-1 to green card
Step 1: O-1 visa (2–4 months) → Step 2: Enter the U.S. → Step 3: I-140 (EB-1A) (2–6 months) → Step 4: I-485 (change of status) (6–12 months) → Green Card
Adjustment of Status (I-485) is processed by USCIS inside the U.S. You get the green card without leaving the country.
Timelines and costs with Premium Processing
- O-1 petition: 15 calendar days, $2,965 (Premium)
- I-140 (EB-1A): 15 calendar days, $2,965 (Premium)
- I-485 (change of status): 8–18 months, Premium not available
O-1 and EB-1A use similar evidence (publications, awards, expert letters). If you qualify for O-1, you will likely qualify for EB-1A as well.
Two routes to the green card: which to choose
| Factor | Adjustment of Status (inside U.S.) | Consular processing |
|---|---|---|
| Affected by suspension? | No | Yes |
| Where you must be | In the U.S. (with valid status) | Outside the U.S. |
| Can you work during the process? | Yes (via EAD) | No |
| Can you travel? | Yes (with Advance Parole) | Unlimited |
| Current timelines | 8–18 months | Uncertain (for 75 countries) |
If you are outside the U.S.
- Obtain a work visa and enter. H-1B, L-1 or O-1
- Relocate via an international office.
- Consider alternative countries. Canada, Australia, UK, EU
Change of status inside the U.S.
Two different agencies: the State Department (consulates, visas abroad) and USCIS (petitions, change of status inside the U.S.). The suspension affects only the State Department. USCIS has made no similar announcements.
That is why the route “O-1 visa, then change of status inside the U.S.” is a viable strategy right now.
What lawyers say
When large immigration firms release official statements — it signals the market.
Fragomen
#1 worldwide for immigration law. 5,000+ attorneys.
From their official analysis:
- Issuance suspended from January 21 for an indefinite period
- Applications and interviews may be filed and conducted, but visas will not be issued
- Dual citizenship can bypass the suspension
- “This policy change will significantly impact families and employers. We anticipate legal challenges.”
More: what Fragomen says about Public Charge
November 2025 changes: The State Department included the following in “negative factors”:
- Diabetes, asthma, high blood pressure
- Cardiovascular disease
- Sleep apnea, cancer, obesity
- Respiratory, neurological, metabolic, mental health conditions
Shocking element: Consular officers must now consider the health of family members who are not applying for the visa themselves.
NAFSA
Voice of 10,000 universities. Biggest lobby for international education.
From their official statement:
- Students (F-1), researchers (J-1), workers (H-1B/L-1/O-1) — NOT affected
- 23 of the 75 countries are already under Proclamation 10998 — a double blow
- NAFSA called the underlying data “deeply flawed”
“[This] will undoubtedly prevent some of the world’s best and brightest students from contributing to US predominance in research, science, and innovation.”
Capitol Immigration Law Group
From their analysis:
- Continue responding to consular requests even if the process is paused
- USCIS has not announced similar measures for I-485
Envoy Global
#1 corporate immigration platform. From their analysis:
- The tightening trend will continue
- Employers should rethink staffing strategies
What to expect next
- Lawsuits: AILA coordinating with American Immigration Council. First decisions may take 6–18 months
- State Department clarifications: from several days to several weeks
- Attorney recommendation: Don’t wait — act
Important: No major firm said “it’s over.” They said “the rules changed.” The game continues, but the route has changed.
Frequently Asked Questions
Is my tourist B1/B2 visa affected?
No. B1/B2 is a nonimmigrant visa. The suspension affects immigrant visas only. Tourist, student (F-1), work (H-1B, L-1, O-1) visas operate normally.
I already have an approved I-140. What should I do?
If you are in the U.S. — consider Adjustment of Status (form I-485). This is NOT affected by the suspension.
If you are outside the U.S. — wait for State Department guidance. Your approved petition is not revoked.
How long will the suspension last?
There is no official timeframe. The leaked cable says: “until additional guidance is issued.” Lawyers advise not to wait and to explore alternatives now.
Why aren’t China and India on the list?
No official explanation. Experts suggest:
- H-1B pool: China and India are major sources of IT specialists
- Trade relations: large trading partners
- Political logic: the list correlates with geopolitics more than welfare stats
I’m from Russia/Belarus. Is O-1 available to me?
Yes. O-1 is a nonimmigrant visa and is NOT part of the suspension. Nationals of all 75 countries can apply for O-1.
Path to the green card: enter on O-1 → file for EB-1A → Adjustment of Status inside the U.S.
My interview was canceled. What to do?
- Keep the cancellation notice
- Monitor updates from the consulate
- Keep documents up to date
- Consider alternative routes (O-1, change of status if you’re in the U.S.)
- Consult an attorney
I have dual citizenship. One passport is from a listed country, the other is not.
You’re lucky. State Department: “Dual nationals applying with a valid passport of a country not listed above are exempt from this pause.” Apply with the passport of the country NOT on the list.
I’m in the U.S. on O-1. Can I switch to EB-1 now?
Yes, if you file through change of status (form I-485) inside the U.S. This process is governed by USCIS, not the State Department.
What if my interview is scheduled after January 21?
From the State Department FAQ: the interview will take place, but a visa will not be affixed in the passport until the pause ends.
What about denaturalization?
From 1990 to 2017 an average of 11 cases per year. In 2025 about 20 cases, 8 successful. Denaturalization requires serious fraud disclosure. Rare events. But: after obtaining a green card, continue working in your field and don’t lie on documents.
What if I received an RFE?
Respond as usual. An RFE is part of petition adjudication, not consular visa issuance. Different agencies.
Detailed analysis
Should I keep gathering EB-1 documents?
Definitely keep gathering. The suspension is temporary. The same documents are useful for O-1. I-140 adjudication continues. You can enter on O-1 and change status to a green card inside the U.S.
Questions from the ‘Talent in Everyone’ chat
Q: “I’m Belarusian applying for EB-1, and my spouse and kids are Russian. Will I get it but they won’t?”
A: Belarus is also on the list, so this affects the whole family.
Q: “Those already in the U.S. on O-1 — will transition to EB-1 be blocked from the 21st?”
A: No. Change of status inside the U.S. is handled by USCIS.
Q: “O-1 remains available for Russians, but EB-1 is suspended?”
A: Not suspended permanently — it’s a pause. It may reopen in months, with new requirements.
Interview report: Warsaw, Jan 15, 2026
“Just returned from an interview in Warsaw. They requested a couple of additional documents, but generally confirmed immigrant visas are on pause. At the end they gave me a white 221(g) form indicating Administrative Processing.”
UPDATE: Some people who completed interviews and were placed on pause but without requests for additional documents received an email inviting them back to the embassy to have the visa issued.
Conclusion: The situation is evolving. Some visas are still being issued. Watch your mail.
Glossary: terms in plain language
| Term | Explanation |
|---|---|
| ICE | Immigration and Customs Enforcement |
| DHS | Department of Homeland Security |
| USCIS | U.S. Citizenship and Immigration Services — immigration service (separate from the State Department) |
| State Department | Manages consulates and issues visas |
| AOS | Adjustment of Status — change of status inside the U.S. (form I-485) |
| Consular Processing | Obtaining a visa via a consulate abroad (suspended) |
| Immigrant Visa | Immigrant visa — leads to a green card (suspended) |
| Nonimmigrant Visa | Temporary visa: B1/B2, F-1, H-1B, O-1 (NOT affected) |
| O-1 | Visa for extraordinary ability — NOT affected. Path to green card via EB-1A |
| EB-1A | Green card for individuals of extraordinary ability |
| I-140 | Petition for an immigrant visa. Adjudicated by USCIS |
| I-485 | Application for Adjustment of Status (AOS). Filed inside the U.S. |
| RFE | Request for Evidence — additional documents request |
| Public Charge | Criterion for financial dependency on the government |
| DV Lottery | Green card lottery (~55,000 visas/year) |
| DACA | Protection for immigrants brought as children |
| EAD | Employment Authorization Document (issued while waiting for a green card) |
| Advance Parole | Permit to travel and return while awaiting a green card |
Conclusion: what to do next
The situation is difficult, but not hopeless.
For DV Lottery winners and family visas: the pause is real and may last up to 90 days. Prepare for delays, gather documents, and avoid irreversible decisions.
For O-1 and work visas: this is an opportunity window. Nonimmigrant visas are not affected, and change of status inside the U.S. works.
Universal advice: if you can obtain O-1/L-1/H-1B, enter the U.S. and file for change of status inside the country — this is the most protected path to a green card right now.
“If Trump only wants the best — become the best and come.”
O-1 and EB-1A are paths that work even under current conditions. Evidence includes publications, awards, high income, expert letters. Start collecting evidence now.
The U.S. immigration system is cyclical. A period of tightening will be followed by softening. Keep your American dream in sight.
[details=“Community voices: how people are reacting”]
Separated families:
“My wife is Brazilian, our I-130 case has been pending for 18 months. We thought we were almost done. Now what — wait an unknown time?” — Reddit, r/immigration
“My father is a U.S. citizen, I waited 8 years for family reunification under F2A. And now they tell me ‘pause.’ This is not a pause, this is a sentence.” — VisaJourney
“My wife was supposed to arrive in a month. We already rented a bigger apartment, bought nursery furniture. Now I’m alone in that apartment and don’t know what to do.” — Reddit
DV Lottery winners:
“Never thought a lottery win could turn into a useless paper. We sold the car, quit our jobs, kids said goodbye to friends. And now what?” — Telegram chat
“I applied three years in a row. Finally won. And it happened the year everything was canceled.” — DVLottery
Employers:
“I’m an HR director at a tech company. We have 15 employees waiting for green cards via consular processing. What do I tell them at Monday’s meeting?” — LinkedIn
Advice:
“Go to the interview if it’s scheduled. Let them tell you ‘sorry, it’s a pause.’ That will be…”
Information in this article is based on community experience and open sources. This is not legal advice. For your specific situation consult a licensed specialist.
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