If you are applying for an EB-3 visa, you may have seen news about a temporary pause at the U.S. Department of State.
We know immigration news can feel stressful. This article explains what is happening in simple terms.
Official State Department update:
https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.html
What Is Happening?
The U.S. Department of State is temporarily pausing some steps for immigrant visa issuance for people from 75 countries.
This pause is happening at U.S. embassies and consulates outside the United States.
That means it only affects people who will finish their green card process through a consulate abroad.
This type of pause has happened before, and it has always been temporary.
What This Pause Means (In Simple Words)
Some applicants who are very close to the end of the process may have delays.
This is because the final immigrant visa steps happen at a U.S. consulate, and the State Department controls those final steps.
If you are not at the final stage yet, this pause usually does not change anything for you right now.
What Is NOT Affected
This pause does not affect most EB-3 applicants.
Here is what is NOT affected:
1. Adjustment of Status (AOS) Inside the U.S.
If you are inside the U.S. and applying through USCIS Adjustment of Status, this pause does not apply to you.
2. PERM Labor Certification
Your PERM process is not impacted.
3. I-140 Petition
Your employer’s I-140 petition is not impacted.
4. Non-Immigrant Visas
This pause is only for immigrant visas.
It does NOT affect non-immigrant visas like:
- H-2B
- F-1
- B-2
Who Might Be Affected?
This pause only matters if:
- Your priority date is current, and
- You are doing consular processing (you will interview at a U.S. embassy or consulate abroad)
If Your Priority Date Is Not Current
If your priority date is not current, this pause does not affect your case right now.
Your case is not ready for final immigrant visa issuance yet.
Why Is This Pause Happening?
The State Department said this update is related to nationalities they believe may be at a higher risk of using U.S. public benefits.
Some reports suggest this is more connected to certain family-based immigration cases.
Employment-based immigration like EB-3 is different because it is based on a job offer from a U.S. employer.
List of the 75 Countries Included in the Pause
The State Department listed these 75 countries:
Afghanistan
Albania
Algeria
Antigua and Barbuda
Armenia
Azerbaijan
Bahamas
Bangladesh
Barbados
Belarus
Belize
Bhutan
Bosnia and Herzegovina
Brazil
Burma (Myanmar)
Cambodia
Cameroon
Cape Verde
Colombia
Côte 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
How to Know If This Pause Affects You
Use this simple checklist.
Step 1: Are you inside the U.S. or outside the U.S.?
- If you are inside the U.S. and doing Adjustment of Status (AOS), you are not affected.
- If you are outside the U.S. and will use a U.S. consulate, go to Step 2.
Step 2: Is your priority date current?
- If your priority date is not current, you are not affected right now.
- If your priority date is current, go to Step 3.
Step 3: Are you from one of the 75 countries listed above?
- If yes, your case may be delayed at the final stage.
- If no, this pause may not apply to you.
FAQ
Does this pause affect my PERM case?
No. PERM is not impacted.
Does this pause affect my I-140 case?
No. I-140 processing is not impacted.
Does this pause affect Adjustment of Status (AOS)?
No. AOS cases filed through USCIS inside the U.S. are not affected.
Does this pause affect H-2B, F-1, or B-2 visas?
No. Non-immigrant visas are not affected.
Who is most likely to be affected?
People who have a current priority date and are finishing the process through a U.S. consulate abroad, and who are nationals of one of the 75 countries.
If my priority date is not current, should I worry?
No. This pause does not affect your case right now.
What happens to my immigrant visa interview appointment?
Immigrant visa applicants who are nationals of affected countries may submit visa applications and attend interviews, and the Department will continue to schedule applicants for appointments, but no immigrant visas will be issued to these nationals during this pause.
Are there any exceptions?
Dual nationals applying with a valid passport of a country that is not listed above are exempt from this pause.
Does this affect my current valid visa?
No immigrant visas have been revoked as part of this guidance.
Does this apply to tourist visas?
No, this pause is specifically for immigrant visa applicants. Tourist visas are nonimmigrant visas.
Summary
Here is the quick summary:
- The U.S. Department of State temporarily paused immigrant visa issuance for nationals of 75 countries at U.S. consulates abroad.
- Most EB-3 applicants are not affected right now.
- PERM and I-140 cases continue normally.
- Adjustment of Status (AOS) inside the U.S. is not affected.
- Non-immigrant visas like H-2B, F-1, and B-2 are not affected.
- Only applicants with a current priority date who are going through a U.S. consulate may be impacted.
We will keep monitoring updates and share more information if anything changes.
