Federal Judge Reinstates Immigrant Visa Processing for 75 Countries
Highlights
- A federal district court declared the prohibition of visa issuance by the U.S. Department of State (Department) to nationals of 75 countries violates federal immigration law and the Administrative Procedure Act.
- For now, the Department must resume and reconsider immigrant visa issuance for nationals of the affected countries based on the ban.
- The decision remains subject to appeal or further action, such as a stay to preclude the implementation of the decision.
On Aug. 28, the Southern District of New York effectively reinstated immigrant visa processing for individuals from 75 countries previously subject to a January 2026 visa ban implemented by the Department.
Preceding this decision, the Department announced in January its planned suspension of the issuance of immigrant visas, commonly referred to as “green cards,” for nationals of 75 countries. The Secretary of State immediately notified employees of the Department to cease issuance of visas to nationals of the listed countries, which included the following:
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The Department classified such individuals as likely to pose a high risk of becoming a public charge or using welfare programs in the United States, and in practice, the overnight change prohibited the issuance of immigrant visas to nationals of nearly 40% of the world’s countries.
In its decision, the court relied upon the Administrative Procedure Act (APA) as it recognized the policy to be contrary to law and implemented in a manner that exceeded the authority of the U.S. Secretary of State. In particular, the court stated that the nationality-based visa ban lacks consistency with the law given the mandate to consular officers to refuse a visa absent a finding of inadmissibility under the inadmissibility grounds listed at Section 1182. The decision also identified the Department’s policy as one that appropriates the authority specifically granted to consular officers by statute.
With the most recent judicial action, the adjudication of visas on behalf of individuals from the listed nations returns to the hands of consular officers typically tasked with such decisions. However, the decision remains subject to appeal. The Department may also pursue a stay of the decision, which would prohibit its implementation. Moreover, given the court’s references to a lack of specificity in the Department’s direction to consular officers, it is possible the Department will issue new guidance that addresses the court’s stated limitations of authority.
Provided the decision holds, nationals of the 75 nations who received a notice of visa refusal pursuant to 221(g) between Jan. 21 and Aug. 21, or impacted employers, should contact legal counsel to assess next steps and evaluate evolving guidance from the Department, including whether impacted cases will be reviewed automatically.
Tieranny Cutler contributed to this alert.
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