US Immigrant Visas: Overview of Recent Developments

On August 21, 2026, a US federal court overturned the Department of State (DOS) policy under which, since January, the issuance of Immigrant Visas (Green Cards / Immigrant Visas) for nationals of 75 countries had been suspended. The measure was based on the blanket assumption that applicants from these countries posed an increased “public charge” risk.

The court's ruling thus removes this nationality-based restriction for the time being. It remains to be seen whether the US government will take further action against the ruling.

It is important to make this distinction: The “75-Country Stop” applied exclusively to immigrant visas (IV). Nonimmigrant visas (NIV), for example, B-, F- or L Visas, were not affected by this specific measure. Regardless of this, other visa and entry restrictions continue to apply to certain nationalities, some of which also cover nonimmigrant visas.

However, the lifting of the immigrant visa suspension for 75 countries does not mean that immigrant visas can now be processed without restrictions.

The State Department has worldwide Interview appointments for immigrant visas have been temporarily suspended or rescheduled. This is part of a global training initiative for consular officers on the application of the stricter public charge test.

In the future, there will be a more comprehensive — and, in particular, more uniform — assessment of whether immigrant visa applicants are likely to become a public charge and thus fall under the “public charge” ground for inadmissibility under INA § 212(a)(4).

For ongoing cases, this may mean that interviews that have already been scheduled will be canceled or rescheduled on short notice. It is currently unclear when regular interview operations will resume in full.

This measure is global in scope and is not tied to any specific nationality. It must therefore be clearly distinguished from the suspension of immigrant visa issuance for nationals of 75 countries, which was overturned by the courts.

What is striking, however, is the close timing: The global suspension of visa processing was announced just a few days after the court overturned this nationality-specific restriction. It can therefore certainly be understood as a response by the US government to the court’s decision. Unlike the repealed regulation, however, the new measure does not target specific nationalities but applies to immigrant visa procedures worldwide.

This development is also linked to the US government’s overall stricter public charge policy. Effective September 18, 2026 Stricter requirements also apply to relevant adjustment-of-status proceedings within the United States. USCIS is once again granted greater discretion in assessing the potential risk of being a public charge.

Another legal development concerns the Diversity Visa Program (DV). The State Department has confirmed that the suspension of diversity visa issuance, which was imposed in December 2025, was due to a court ruling in the case Medani et al. v. Trump et al. has not been in effect since August 28, 2026.

For the winners of the DV-2026 Nevertheless, the situation remains difficult. Visas for this program year must, as a general rule, be issued no later than September 30, 2026. After this months-long hiatus, there is now only a very short window of time left to process the cases that are still pending.

There is additional uncertainty regarding DV-2027: Registration, which would normally have begun in the fall of 2025, has not yet opened. The State Department had announced changes to the registration process but has not yet announced a new start date.

Current developments regarding immigrant visas continue to be marked by significant changes. While the suspension of immigrant visa issuance for nationals of 75 countries and the pause in the Diversity Visa program have been overturned by the courts, the public charge assessment is simultaneously being significantly tightened. The current global postponement of interview appointments is also leading to further delays in ongoing consular proceedings related to Green Card applications.

Unfortunately, the court's lifting of certain restrictions does not yet mean a return to the normal processing workflow. Applicants should continue to be prepared for last-minute schedule changes and possible further adjustments to the requirements set by US authorities.