The 75-country visa pause has ended. On August 21, 2026, a federal court ruled the pause unlawful and cancelled it. The State Department now confirms on its website that the pause is no longer in effect.
For EB-3 workers, this means stuck cases can move again. But it does not mean every case will be approved. Below is what changed, what didn’t, and what to do now.
Quick Answer: Is the Pause Really Over?
- Yes. The blanket pause on immigrant visas for nationals of 75 countries is no longer in effect.
- Refused cases should be reviewed again. If your visa was refused only because of the pause, your case should be looked at again.
- Public charge review still applies. Officers can still deny a visa if they think you will depend on government benefits, and the rules got stricter in September 2026.
- The separate travel ban is still in place. A different order affecting 39 countries was not changed by this ruling.
- The government has appealed. The court’s ruling stays in effect while the appeal is decided.
What the 75-Country Pause Was
The pause started on January 21, 2026. From that day, the State Department stopped issuing immigrant visas to people from 75 countries.
The government said the reason was public charge risk. “Public charge” is an immigration term. It means a person the government believes will depend mainly on public benefits, like cash assistance, to live.
Here is what the pause covered and what it didn’t:
- It covered immigrant visas issued at US embassies abroad. This includes employment-based green cards like EB-3.
- It did not cover temporary visas. H-2A, H-2B, H-1B, tourist and student visas were not affected.
- It applied to nationals of 75 countries. Examples include Brazil, Colombia, Egypt, Ghana, Jamaica, Pakistan, Russia, Ukraine, Bangladesh and Albania. Check the State Department’s official list for the full set.
- Dual nationals were exempt. If you also had a passport from a country not on the list, you could apply with that passport.
The Full List of 75 Countries
These are the 75 countries on the State Department’s official list, in alphabetical order:
- Afghanistan
- Albania
- Algeria
- Antigua and Barbuda
- Armenia
- Azerbaijan
- Bahamas
- Bangladesh
- Barbados
- Belarus
- Belize
- Bhutan
- Bosnia and Herzegovina
- Brazil
- Burma
- Cambodia
- Cameroon
- Cape Verde
- Colombia
- Cote d’Ivoire
- Cuba
- Democratic Republic of the Congo
- Dominica
- Egypt
- Eritrea
- Ethiopia
- Fiji
- The Gambia
- Georgia
- Ghana
- Grenada
- Guatemala
- Guinea
- Haiti
- Iran
- Iraq
- Jamaica
- Jordan
- Kazakhstan
- Kosovo
- Kuwait
- Kyrgyz Republic
- Laos
- Lebanon
- Liberia
- Libya
- Moldova
- Mongolia
- Montenegro
- Morocco
- Nepal
- Nicaragua
- Nigeria
- North Macedonia
- Pakistan
- Republic of the Congo
- Russia
- Rwanda
- Saint Kitts and Nevis
- Saint Lucia
- Saint Vincent and the Grenadines
- Senegal
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Tanzania
- Thailand
- Togo
- Tunisia
- Uganda
- Uruguay
- Uzbekistan
- Yemen
Why It Hit So Many People at Once
Most pauses and bans in the past were based on security concerns. This one was different. It used nationality as a shortcut for public charge risk. In other words, people were refused because of the country on their passport, not because of anything in their own file.
That is the main reason the court cancelled it. The judge found that the law requires officers to look at each applicant’s own situation (their health, job, money and skills) instead of refusing whole countries at once.
For EB-3 workers, this was especially frustrating. Many had already waited years for PERM approval, I-140 approval and a current priority date. Some had a job waiting in the US. Then the process stopped at the very last step.
How the Pause Ended: A Short Timeline
- January 21, 2026: The pause takes effect.
- August 21, 2026: A federal court in New York (in the case Catholic Legal Immigration Network v. Rubio) rules the pause unlawful and cancels it.
- September 18, 2026: A new public charge rule from the Department of Homeland Security (DHS) takes effect.
- Now: The State Department’s website confirms the pause is no longer in effect. The government’s appeal is pending, and the court’s ruling remains in force.
Which EB-3 Applicants Were Affected
Whether the pause affected you depends on where you finish your green card process.
| Where you are | How you finish the process | Was it affected? |
|---|---|---|
| Outside the US | Consular processing: interview at a US embassy or consulate | Yes. This is where cases were frozen. |
| Inside the US | Adjustment of status: Form I-485 filed with USCIS | Generally no. The pause applied to embassy visas. |
The pause only blocked the last step: getting the immigrant visa at the embassy. Earlier steps were not cancelled:
- Your PERM labor certification is still valid.
- Your approved I-140 petition is still valid.
- Your priority date (your place in line) did not change.
If you’re not sure which step you’re on, our EB-3 visa process guide explains each step in order.
Where the Pause Fits in the EB-3 Process
Here is the usual order of the EB-3 process for someone outside the US. The pause blocked steps 5 and 6.
- PERM labor certification. Your employer proves to the Department of Labor that no qualified US worker is available for the job.
- I-140 petition. Your employer asks USCIS to approve you for the job. Your priority date is set at the start of this process.
- Waiting for your priority date. You wait until your date is “current” in the monthly Visa Bulletin.
- National Visa Center (NVC). You pay fees, fill out the DS-260 visa application online, and upload your civil documents.
- Embassy interview. A consular officer interviews you and reviews your case. ← The pause blocked this step.
- Visa issued. If approved, you get an immigrant visa in your passport. ← The pause blocked this step.
- Entry to the US. You enter the US and become a permanent resident. Your green card arrives by mail.
If your case was at step 4 or earlier when the pause started, you may not have noticed much. Your case kept moving until it reached the interview stage. If you were at step 5 or 6, your case was likely frozen or refused.
What to Expect Now, Depending on Where Your Case Is
Your Visa Was Refused Only Because of the Pause
Because the court cancelled the pause, refusals based only on the pause should be reviewed again. There is no official timeline for when each case will be reviewed.
You do not need to start over. The embassy may contact you in writing to ask for updated documents. In some cases, it may ask you to attend a new interview.
Your Interview Was Cancelled or Postponed
Expect to be rescheduled. But there is a backlog of cases from the almost eight months the pause was in place.
Plan for weeks to months, not days. Check your email often, and watch your case in the CEAC (Consular Electronic Application Center) or NVC (National Visa Center) portal.
You Haven’t Reached the Interview Stage Yet
Your case moves through the normal steps. The pause no longer blocks you at the end.
You still need a current priority date in the monthly Visa Bulletin before you can get an interview. The end of the pause does not shorten that wait. See how long the EB-3 process takes for current timelines.
Your Family Members Are Part of Your Case
If your spouse or unmarried children under 21 are coming with you, they are “derivative” applicants. Their cases are linked to yours. If your case was refused or postponed because of the pause, theirs probably was too.
When the embassy reconsiders your case, it should review your family members at the same time. Make sure every family member’s documents are up to date, not just yours. One missing document for one child can delay the whole family.
How to Check Your Case Status
The fastest way to know if your case is moving is to check it online yourself. Don’t wait for a letter.
For cases at the embassy stage, use the CEAC visa status check on the State Department website. You will need your case number or interview barcode number. Here is what the most common statuses mean:
- At NVC: Your case is still at the National Visa Center and has not been sent to the embassy yet.
- Ready: Your case is at the embassy and is waiting for an interview to be scheduled, or the interview is already scheduled.
- Administrative Processing: The officer needs more information or more review before deciding. This can take weeks or months.
- Refused: The visa was not issued. This can be temporary (see below) or final. Read your refusal letter to know which.
- Issued: Your visa has been approved and printed.
If your status says Refused and you were refused because of the pause, it may change as the embassy reconsiders your case. Check every week or two. Also check your email, including your spam folder, because embassies often send requests for documents by email.
Public Charge: What Officers Will Look at in Your Interview
The end of the pause removed the blanket ban based on nationality. But officers still review each person for public charge, and that review got stricter in September 2026.
Officers now have more freedom to decide. They can consider your:
- Age
- Health
- Income and savings
- Education and skills
- Job prospects
- English ability
What Changed in September 2026
Under the older rules, officers mostly looked at two kinds of government help: cash assistance for income, and long-term care in an institution (like a nursing home) paid by the government.
Under the new DHS rule that took effect September 18, 2026, officers have more room to consider other kinds of public assistance too. They can also look at benefits used by your dependents as a sign of your family’s financial situation. Using a benefit does not automatically mean you will be refused, but it can be weighed against you.
Embassy officers also follow the State Department’s own public charge guidance, so expect detailed questions about how you will support yourself.
Your Job Offer Is Your Strongest Point
Your job offer matters. As an EB-3 applicant, you have a full-time job offer from a US employer. That is a positive factor, because it shows how you will support yourself. It does not guarantee approval, but it helps.
You usually don’t need Form I-864. Form I-864 (Affidavit of Support) is a promise from a sponsor to support you financially. Most EB-3 applicants don’t need it. It’s only required if a relative filed your petition, or a relative owns 5% or more of the company sponsoring you.
How to prepare:
- Bring a recent letter from your employer confirming the job offer is still open.
- Make sure the letter states the job title and wage.
- Bring proof of any savings or assets you have.
What to Bring to Your Rescheduled Interview
If you get a new interview date, prepare as if it is your first interview. Officers may ask for documents again, even if you already submitted them to NVC. Bring originals and copies of:
- Your interview appointment letter
- Your passport, valid for at least six months beyond your planned date of entry to the US
- Your DS-260 confirmation page
- Two passport-style photos that meet State Department photo rules
- Your birth certificate and, if it applies, your marriage certificate and your children’s birth certificates
- Police certificates from every country where the rules require them
- Your medical exam results, done by an embassy-approved doctor (called a “panel physician”). Do not open the sealed envelope if the doctor gives you one.
- A copy of your I-140 approval notice
- A current job offer letter from your employer with the job title, wage and start date
- Proof of your experience or training, if your job category requires it (for example, letters from past employers)
Every embassy has its own instructions. Check your embassy’s website for anything extra it asks for, like courier registration for returning your passport.
If Your Visa Is Refused Again
Not every refusal is final. There are two main kinds you should know about.
221(g) refusal (temporary). This usually means the officer needs more documents or more review. You will often get a letter, sometimes on colored paper, listing what’s missing. Send the documents as soon as you can, following the embassy’s instructions. Once the officer has what they need, the case can still be approved.
Refusal under another part of the law (more serious). If the letter cites a different reason, like public charge (section 212(a)(4)), a past immigration violation or a medical issue, the situation is harder. Some of these can be overcome with new evidence. For public charge, that might be a stronger job offer letter or proof of savings. Others may need a waiver or may not be fixable.
In either case:
- Read the letter carefully. The reason is printed on it.
- Respond quickly. Waiting too long to respond can put your case at risk of being closed.
- Get legal help for anything other than a simple document request. An immigration attorney can tell you if the refusal can be overcome.
Thinking About Starting EB-3? What This Means for You
If you’re from one of the 75 countries and you haven’t started yet, you may be wondering if EB-3 is still worth it.
Here’s the practical picture:
- The path is open again. Right now, embassies are processing immigrant visas for nationals of these countries.
- Most of the process happens long before the interview. PERM, the I-140 and the priority date wait take years. The pause was never applied to those steps.
- Policy can change during your wait. Because the full process takes about 48 months, rules may change before you reach your interview. This is true for every applicant, not only those from the 75 countries.
- A strong job offer helps. Public charge reviews are stricter now. A full-time job with a stable US employer is one of the best things you can show.
If you decide to move forward, choose your employer and any recruitment agency carefully. Ask how they handled workers whose cases were frozen during the pause. A good sponsor will give you a clear answer.
What the End of the Pause Does NOT Change
It’s important to be clear about the limits of this ruling:
- No automatic approval. Every case is still reviewed individually.
- Other refusal reasons still apply. Medical problems, criminal history, false information on past applications, or missing documents can still lead to a denial.
- The 39-country travel ban is separate. If your country is on that list, the end of the 75-country pause may not help you. Check whether your country is included.
- Visa Bulletin waits still apply. You still need to wait for your priority date to become current.
- The full process is still long. EB-3 sponsorship takes about 48 months from start to finish on average. The pause added delays for many people; it did not make the overall process faster.
What to Do Now: A Checklist
- Keep your refusal letter, if you received one. It shows the reason for the refusal.
- Confirm your contact details with NVC and your embassy. Make sure your email and mailing address are correct.
- Get updated documents ready. This includes your passport, police certificates, and a new medical exam if your old one has expired.
- Ask your employer or agency to confirm that your job offer is still active.
- Check the 39-country travel ban list to make sure your country is not on it.
- Talk to an immigration attorney if your refusal letter lists any reason other than the 75-country pause.
- Don’t pay anyone who promises to “speed up” your case. No one can skip the embassy’s process for you.
Could the Pause Come Back?
It’s possible. The government has appealed the decision, and a higher court could change the outcome.
For now, the court’s ruling stands, and the State Department says the pause is no longer in effect. We will update this page if anything changes.
Frequently Asked Questions
Do I need to reapply now that the 75-country pause is over?
No. If your visa was refused only because of the pause, the embassy should reconsider your existing case. You may be asked for updated documents or a new interview, but you don’t need to start a new application or pay new filing fees to begin again.
How long until I get a new interview date?
There is no fixed timeline. Embassies are working through a large backlog, generally oldest cases first. Most people should expect to wait weeks to months, so keep checking your email and your case status online.
Did the pause affect my I-140 or priority date?
No. The pause only stopped embassies from issuing immigrant visas, which is the last step. Your approved PERM labor certification, I-140 petition and priority date were not cancelled or changed.
I’m in the US on another visa. Was my green card case affected?
Generally no. If you are completing your green card inside the US through adjustment of status (Form I-485), the 75-country pause did not apply to you. It applied to immigrant visas issued at US embassies and consulates abroad.
Is my country still under a travel ban?
It might be. A separate travel ban covering 39 countries is still in effect, and the court ruling on the 75-country pause did not change it. Check the current list, or ask an immigration attorney, before you plan your next step.
Do I need a new medical exam?
Maybe. Immigrant visa medical exam results are only valid for a limited time. If your exam was done before or early in the pause, it has probably expired. Check with your embassy, and book a new exam with an approved panel physician if needed.
Will my employer still hold my job?
That depends on your employer. Many EB-3 employers expect long waits, but an eight-month freeze was not planned for. Contact your employer or agency now to confirm the job is still available, and ask for an updated job offer letter to bring to your interview.
Do I have to pay the visa fees again?
In most reconsideration cases, you should not need to start over or pay again. Fee rules can depend on your situation and how long ago you paid, so confirm with your embassy or NVC before paying anything new.
Were my spouse and children affected too?
Yes, if they are coming with you as derivative applicants. Their cases are linked to yours, so they were paused or refused with you. They should be reconsidered together with your case.
Starting Your EB-3 Journey?
If you’re thinking about EB-3 for the first time, start by learning how the full EB-3 visa process works, step by step. When you’re ready, browse the EB-3 jobs list to see which employers are sponsoring workers now.
Sources
- U.S. Department of State: Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance (official 75-country list and August 2026 update)
- Federal Register: Public Charge Ground of Inadmissibility, final rule (published July 20, 2026; effective September 18, 2026)
- U.S. Department of State: Visa Bulletin
- U.S. Department of State: Visa Denials
- U.S. Department of State: Immigrant Visa Interview Preparation
- U.S. Department of State: CEAC Visa Status Check
- USCIS: Form I-485, Application to Register Permanent Residence or Adjust Status
