Immigrant Visa Pause for 75 Countries: What High-Skilled Professionals Should Know About Trump’s Temporary Policy

On January 14, 2026, the U.S. Department of State announced a temporary pause on the issuance of immigrant visas for nationals of 75 countries.The pause took effect January 21, 2026. The news quickly drew attention, with many interpreting it as a sweeping immigration freeze. In reality, the policy appears far more limited in scope.

The pause applies only to immigrant visas, and only at the final stage of issuance through U.S. embassies and consulates abroad. It does not affect nonimmigrant visas such as tourist visas, student visas, H-1B, L-1, E-2 investor visas, or O-1 visas for extraordinary ability. Those are temporary visas and are not covered by this notification. The pause also does not affect adjustment of status for applicants already inside the United States. 

At Colombo & Hurd, we’ve guided thousands of professionals through complex immigration policy changes. With over 2,500 EB-2 NIW and EB-1A approvals since 2023 and experience serving clients from more than 100 countries, we understand how temporary policy shifts can create uncertainty for applicants pursuing permanent residence. Based on our analysis of the available guidance and decades of experience with employment-based immigration, here’s what high-skilled professionals need to know.

The immigrant visa process has two distinct stages. This policy affects only the second stage

Which Stage of the Immigrant Visa Process is Affected?

Most immigrant visa cases processed outside the United States follow a two-step structure. 

The first step is filed with U.S. Citizenship and Immigration Services (USCIS). Applicants may be anywhere in the world when this filing occurs. This step determines whether an individual qualifies for an immigrant visa category under U.S. law. Depending on the case, this may involve an I-130 family-based petition, an I-140 employment-based petition such as EB-1 or EB-2 National Interest Waiver (NIW), or an I-526 petition for EB-5 investors. 

This first phase is often the most difficult part of the process. It requires meeting strict legal standards and submitting substantial evidence. This phase typically takes 19-21 months. Importantly, this phase is entirely unaffected by the Department of State’s announcement. USCIS continues to accept, review, and approve these petitions under existing law. 

Once the petition is approved and a visa number becomes available, the case moves to the second step: consular processing at a U.S. embassy or consulate abroad. This stage includes submitting civil documents, completing a medical exam, attending an interview, and, if approved, receiving the immigrant visa in the applicant’s passport. That visa allows entry into the United States as a permanent resident. 

The Department of State’s announcement affects only this second phase. 

What is temporarily suspended is the final issuance of the immigrant visa in the passport. The stated reason is the government’s desire to further evaluate whether an applicant could become a public charge after immigrating to the United States. 

What We Know About Implementation and Enforcement

It is important to emphasize that the information currently circulating is not based on a formally published government directive. What has appeared publicly originated from internal guidance that surfaced online. The government has not yet released to the public official, final implementation instructions to U.S. embassies and consulates. As a result, aspects of how the policy is applied may change between now and January 21, when the pause is expected to take effect. 

Given this uncertainty, legal challenges are likely. Litigation seeking to limit, delay, or clarify implementation should be expected, as has occurred with prior public charge and visa-related policies. 

Even so, this development is not expected to fundamentally change how most cases are presented at U.S. consulates. Officers may request additional financial documentation or ask more detailed questions, but the underlying law has not changed. Only Congress has the authority to alter the statutory definition of public charge. 

Public Charge and Why Employment-Based Cases are Different 

Public charge is not a new concept. It has existed in U.S. immigration law for decades, and immigrant visa applicants have long been required to demonstrate that they are unlikely to rely on government assistance. 

What can vary is how closely the issue is examined and what level of documentation is required at the final stage of visa issuance. 

There is a significant distinction between family-based and employment-based immigrant cases. Family-based petitions carry stricter public charge requirements and require a U.S. citizen or lawful permanent resident sponsor to submit an affidavit of support. That sponsor may be held legally responsible if the immigrant receives certain public benefits. 

Employment-based categories such as EB-1, EB-2, and EB-5 are evaluated differently. The law already presumes that applicants in these categories are not likely to become a public charge because the cases are grounded in professional achievement, future earning capacity, and economic contribution. 

For example, in an EB-5 case involving an $800,000 investment and job creation, it would be difficult to argue that the investor is likely to depend on public assistance. The same logic applies to EB-2 NIW cases, where applicants must demonstrate that their work benefits the United States in a meaningful and sustained way. 

For this reason, the pause is not expected to have a significant effect on employment-based immigrant cases. Family-based cases, by contrast, may face greater scrutiny and should be prepared for more detailed financial review. 

National interest exceptions are referenced in the available guidance, but an EB-2 NIW approval does not automatically guarantee an exception. Each case will depend on its specific facts. Importantly, this policy does not revoke or invalidate approved petitions. No immigrant visas are being canceled. Applicants who already have an immigrant visa in their passport remain eligible to enter the United States. 

The available guidance also references dual nationality as a potential exception. Applicants who are nationals of a covered country but who also hold a passport from a non-covered country may, depending on how consulates implement the policy, be able to proceed using that alternative nationality and avoid the pause. For example, an applicant from a listed country who also holds Italian or Spanish citizenship may be able to process under that passport. 

For those with approved petitions who are waiting for final processing, this is a pause, not a revocation or cancellation. Interviews will continue. What will not occur for now is the final issuance of the immigrant visa if an applicant does not qualify for an exception. 

How Does This Policy Affect EB-2 NIW Petitioners?

For professionals pursuing an EB-2 NIW, the key point remains unchanged. EB-2 NIW petitions continue to be filed, adjudicated, and approved by USCIS under existing law. There has been no change to eligibility standards, filing procedures, or approval authority. 

For new EB-2 NIW applicants, this stage typically occurs 24-36 months in the future. Due to visa bulletin backlogs, many cases filed today will not approach immigrant visa issuance for well over 20 months, often longer depending on country of chargeability.

Frequently Asked Questions

Q: Does this pause cancel approved EB-2 NIW petitions? 

No. This policy does not revoke or invalidate approved I-140 petitions. Approved petitions remain valid even if final visa issuance is temporarily delayed.

Q: Can I still file an EB-2 NIW petition now? 

Yes. USCIS continues to accept, review, and approve EB-2 NIW petitions under existing law. This pause affects only the final visa issuance stage at consulates, not the petition filing or approval process.

Q: What if I hold dual citizenship? 

Dual nationals who hold a passport from a non-covered country may be able to proceed using that alternative nationality and avoid the pause, depending on how consulates implement the policy. 

Why Filing Now Still Makes Sense 

Delaying the start of an immigration process rarely improves outcomes. Priority dates continue to move slowly, demand continues to increase, and reaching the consular stage often takes years. 

By the time a newly filed case reaches final processing, the current administration may no longer be in office, and this pause is expressly described as temporary. Waiting does not reduce uncertainty and frequently results in longer delays.

Bottom Line 

This policy update may affect timing at the very end of the immigrant visa process for certain individuals, but it does not close the door on EB-2 NIW cases and does not change who qualifies. USCIS continues to process employment-based petitions under existing law, and approved petitions remain valid even if final visa issuance is temporarily delayed. 

For individuals who are close to the final stage, consular guidance, exceptions, and documentation requirements should be monitored closely, and legal advocacy remains critical to ensure the process moves as efficiently as possible once implementation details are clarified. 

In summary, this is a temporary pause affecting only the final issuance of immigrant visas for certain countries. It does not affect temporary visas, it does not cancel approvals, and it does not prevent applicants from starting or continuing their immigration cases. Dual nationals may qualify for exceptions depending on how consulates apply the policy, and employment-based categories such as EB-2 NIW and EB-1 are expected to see little practical impact. 

For qualified EB-2 NIW prospects, filing now places applicants in the strongest long-term position. Getting in line still matters, and this announcement does not change that reality.