What the US Has Paused and When It Takes Effect
From January 21, 2026, US consular posts have been instructed to pause the processing and issuance of immigrant visas for nationals of a defined list of countries. Immigrant visas are visas that lead directly to lawful permanent residence, commonly referred to as a Green Card, and are issued by US embassies and consulates outside the US.
The pause is framed by the government as an enforcement of long-standing public charge principles, with the aim of preventing the admission of individuals who are assessed as likely to rely on public benefits. This sits alongside, rather than replacing, the existing case-by-case public charge assessment under US immigration law.
No end date has been published and the suspension is expressed as remaining in place until further notice.
This measure applies at the consular processing stage only. It does not amend the Immigration and Nationality Act itself, but it does materially affect the ability of affected nationals to complete overseas green card processing.
Who Is Affected by the US Green Card Processing Pause
The pause applies to nationals of the 75 listed countries who are applying for immigrant visas from outside the US.
| Countries | Countries | Countries |
|---|---|---|
| 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 |
Source: US Department of State, Travel.State.Gov list of affected nationalities (last updated January 14, 2026).
In practical terms, the groups most directly affected are:
- Family members of US citizens or lawful permanent residents completing green card processing through a US embassy or consulate abroad.
- Employees sponsored for permanent residence through employment-based immigrant visa categories where final issuance takes place overseas.
- Diversity Visa applicants from affected countries who have not yet been issued an immigrant visa.
Applicants may still be able to submit paperwork or attend interviews in some locations, but visas will not be issued while the pause is in force. This creates open-ended delay rather than a formal refusal, which has important downstream consequences for planning and status management.
Who Is Not Affected by the Green Card Processing Pause
Despite some headlines, large categories of travelers and visa applicants are not impacted by this change.
1. Visitors and Business Travelers Are Not Affected
The pause does not apply to non-immigrant visas. This includes B-1/B-2 visitor visas, student visas, temporary work visas and visa-waiver travel. Travel for tourism, business meetings, conferences and major sporting events, including the 2026 men’s football World Cup, continues under the standard rules.
2. ESTA and Visa-Waiver Travel Continues as Normal
Where a traveler is eligible for visa-free travel under the Visa Waiver Program and holds the relevant nationality, ESTA authorization remains available. The immigrant visa pause does not restrict short stays under ESTA, subject to the usual admissibility checks at the border.
3. Green Card Applications Filed Inside the US
Individuals who are already lawfully in the US and eligible to apply for a Green Card through adjustment of status with US Citizenship and Immigration Services are not directly affected by the consular pause. The measure targets overseas visa issuance, not domestic adjudication, although increased scrutiny of public charge issues should be expected.
4. Dual Nationals and Use of an Alternative Passport
In some cases, individuals who hold dual nationality may be able to rely on a passport from a country that is not on the affected list. This is highly fact-specific and requires careful handling, but the pause is nationality-based rather than place-of-birth-based.
What the Green Card Pause Means for Travelers
Travelers planning short-term visits to the US should not assume that this development affects their ability to enter the country. However, border questioning around intent is likely to intensify. Anyone traveling as a visitor while also having a long-term plan to immigrate should expect closer scrutiny of ties to their home country and the temporary nature of their trip.
What the Green Card Pause Means for Employers
For employers, the risk centers on long-term workforce planning. Overseas hires who were expected to complete Green Card processing abroad may now face indefinite delay. This can affect start dates, retention strategies and global mobility assumptions built into offers and assignments.
Employers should be reviewing whether key employees are better positioned to pursue adjustment of status from within the US where eligible, rather than relying on consular processing that may now be frozen.
Contingency planning around temporary visa extensions, alternative assignments or restructured sponsorship timelines is becoming increasingly important.
NNU Perspective
From an advisory standpoint, the most significant risk lies in treating this as a temporary political announcement rather than a more structural shift in how immigrant visa discretion is being exercised. Indefinite pauses create uncertainty that compounds over time. Families remain separated, employers carry open-ended immigration exposure and individuals make life decisions based on timelines that may no longer exist.
The public charge framing is particularly important. Even where a pause is lifted, applicants from affected countries should expect heightened financial scrutiny. Weak or poorly documented sponsorship cases are likely to struggle.
The key strategic response is early restructuring. Where there is a lawful route to adjust status inside the US, it should be explored. Where consular processing is unavoidable, expectations need to be reset and alternative immigration or assignment strategies considered. Waiting for clarity without taking action is, in most cases, the highest-risk option.
Need Assistance?
If you are affected by the US green card processing pause, or you are an employer, traveler or family member trying to assess risk and next steps, early legal advice matters. Timing, visa history and the route you are using can change the outcome materially.
Our US immigration attorneys advise on Green Card strategy, consular processing delays, adjustment of status options and risk planning for employers and individuals. To discuss your specific circumstances, book a fixed-fee telephone consultation to speak directly with one of our attorneys.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
