Categories Department of State News & Updates USCIS

Expanded Visa Restrictions and Immigrant Visa Issuance Pause

The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have implemented a series of coordinated immigration measures, including expanded visa and entry restrictions, a pause on immigrant visa issuance, and enhanced review of pending immigration benefit applications for certain foreign nationals. These actions follow recent presidential directives emphasizing national security, rigorous vetting, and immigrant financial self-sufficiency.

Expanded Entry and Visa Restrictions (Effective January 1, 2026)

The DOS fully or partially suspended visa issuance and entry for nationals of nationals of 39 countries based on security and information-sharing concerns.

  • Suspension of immigrant and nonimmigrant visa issuance for nationals of 19 countries. These countries include: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen, as well as those traveling with documents issued by the Palestinian Authority.
  • Suspension of visitor, student, exchange visitor, and immigrant visas for nationals of an additional 19 countries. These countries include: Angola, Antigua and Barbuda, Benin, Burundi, Cote D’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe.
  • Turkmenistan is subject to a partial suspension for immigrant visas

These restrictions generally apply only to individuals outside the United States who did not hold a valid visa as of January 1, 2026. No previously issued visas have been revoked.

Limited exceptions apply, including for lawful permanent residents, dual nationals using a non-restricted passport, certain diplomatic visas, Special Immigrant Visa applicants, and select national-interest cases.

Pause on Immigrant Visa Issuance for Public Benefits Review (Effective January 21, 2026)

Separately, the DOS has paused immigrant visa issuance for nationals of approximately 75 countries identified as high-risk for potential reliance on U.S. public benefits. This review reflects policy priorities regarding immigrant self-sufficiency. A list of the impact countries can be found at Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance.

Key takeaways:

  • Immigrant visa applicants may continue to apply and attend interviews
  • Cases are not denied or revoked due to the pause; final issuance is temporarily delayed
  • Tourist and other nonimmigrant visas are not affected
  • Dual nationals using a non-listed passport are exempt
  • Adoption cases involving U.S. citizens may qualify for exceptions, including National Interest Exceptions

USCIS Hold and Review of Pending Immigration Benefit Applications

In parallel with DOS actions, USCIS issued a Policy Memorandum directing officers to place an adjudicative hold on all pending immigration benefit applications filed by or on behalf of individuals from additional high-risk countries designated under Presidential Proclamation 10998 – “Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States”. While applications may continue through processing, final adjudication is suspended pending enhanced national security, identity, and fraud review. USCIS is also re-reviewing certain benefits approved on or after January 20, 2021.

The policy subjects family-based immigration cases to the same scrutiny as other benefit requests and authorizes interviews or re-interviews where necessary. Limited exceptions apply, including certain document replacement applications, specific employment authorization categories, law-enforcement-related cases, national-interest cases, and select benefits connected to major international sporting events.

What Applicants Should Know

Applicants subject to either measure may still see case activity, including interviews, but final visa issuance or entry may be delayed or restricted unless an exception applies.

Please reach out to us for a checklist of countries that are impacted by the Proclamations. Our firm continues to monitor implementation closely. If you are affected by these changes or believe you may qualify for an exemption or national-interest exception, we recommend seeking individualized legal guidance.

Categories Department of State News & Updates USCIS

Important Client Update: Increased Consular Vetting and Appointment Disruptions

U.S. consulates worldwide are undergoing heightened vetting and increased security reviews, which are directly impacting the scheduling of visa appointments. Interview dates are being canceled, moved, or significantly delayed — even for applicants who already had confirmed appointments on the calendar. Consular posts continue to adjust operations in response to new screening protocols, and these changes are being reported across multiple regions. Because of this instability in consular operations, we strongly recommend that foreign nationals avoid international travel unless absolutely necessary, particularly if obtaining a new valid visa stamp is required for return.

 

USCIS has likewise announced increased review for certain applicants. Under the agency’s December 2, 2025 memorandum, immigration benefit requests filed by individuals who are citizens of, or were born in, one of the 19 countries identified in the recent presidential proclamation are subject to additional scrutiny. Even previously approved benefits may be re-reviewed or paused, which can lead to further delays, new Requests for Evidence, or updated background checks. This is consistent with broader government efforts to expand security vetting and interagency review.

 

Applicants should expect that additional documentation may now be requested, including proof of current residence, updated biographical information, or social-media identifiers, consistent with the State Department’s expanded vetting procedures. For applicants in certain visa categories — including H-1B, F-1, J-1, and H-4 — consulates are requiring social-media accounts to be switched to “public” several days before the interview to allow full vetting. Processing times may lengthen substantially, and cases that once moved predictably may now require more flexibility. These delays are not limited to any one visa category, and they are affecting both nonimmigrant and immigrant visa processing at consular posts worldwide.

 

Finally, for immigrant-visa cases, even when the National Visa Center (NVC) has already deemed a case “documentarily complete,” consulates may not be able to schedule an interview for several months due to reduced capacity and increased vetting. Applicants should be prepared for long wait times for interview availability and should adjust travel plans or expectations accordingly. Please check back here for additional information and updates.

Categories Department of Labor Department of State Immigration and Customs Enforcement News & Updates USCIS

Client Update: Potential Government Shutdown

Congress has not yet reached an agreement on federal funding, and a government shutdown could occur as early as midnight tonight. While some immigration services continue during a shutdown, others are suspended or significantly impacted. Below is an overview of what to expect based on prior shutdowns and current agency guidance:

U.S. Citizenship and Immigration Services

  • USCIS is fee-funded and will remain open for most case processing.
  • Programs requiring appropriated funds are suspended, including:
  1. E-Verify – Employers will not be able to create new cases until the system is restored. Employers may continue to complete I-9s using the new alternate remote verification process, and deadlines will be extended once E-Verify is back online.
  • In past shutdowns, USCIS accepted late I-129 petitions if the sole reason for late filing was the shutdown.

U.S. Department of Labor

  • The Office of Foreign Labor Certification will stop processing applications during a shutdown. This includes:
  1. Labor Condition Applications for H-1B, H-1B1, and E-3 petitions.
  2. PERM labor certification filings and prevailing wage determinations.
  • Employers with time-sensitive PERM or LCA filings should act immediately. OFLC has encouraged filing before September 30 to avoid disruption.

U.S. Department of State

  • Visa and passport operations are fee-funded and typically continue.
  • Even where consulates remain open, staffing shortages and reliance on impacted systems could cause visa processing delays.

U.S. Customs and Border Protection

  • CBP inspection and law enforcement staff are deemed “essential,” so ports of entry will remain open and travel will continue.
  • Processing of certain applications at the border (such as TN or L-1 filings) may be delayed.

U.S. Immigration and Customs Enforcement

  • Enforcement and Removal Operations will continue.
  • Student and Exchange Visitor Program will not be impacted, as it is fee-funded.

Key Takeaways

  • USCIS continues operations, but programs tied to congressional funding (E-Verify, Conrad 30, Religious Workers) will be affected.
  • DOL processes halt entirely – no LCAs, PERMs, or prevailing wage determinations.
  • Although USCIS continues to operate, the fact that LCAs will not be processed would impact the processing of H-1B petitions for which an LCA is not already certified.
  • Consular processing may slow down, depending on fee funding.
  • CBP remains open, but border filings may be delayed.

From what we are hearing, a shutdown of at least a brief duration is likely. If the shutdown becomes lengthy, companies and their immigration programs would be significantly impacted. Graham Adair will continue to monitor this development and will advise as more information becomes available.

Categories Department of State News & Updates

Department of State Announces Immediate Changes to Nonimmigrant Visa Application Procedures

The United States Department of State has issued new, immediate instructions impacting all nonimmigrant visa (NIV) applicants, as of September 6, 2025. This update marks a significant change to where applicants must schedule their visa interviews and the process for individuals from several countries.

Summary of Major Changes

Country of Residence Requirement: The Department now requires that all nonimmigrant visa applicants schedule their interviews at a U.S. Embassy or Consulate in their country of nationality or residence.

Designated Locations for Certain Nationalities: Nationals of countries where routine U.S. nonimmigrant visa services are not available are required to apply at designated embassies or consulates. Those living outside their country of nationality must apply in their current country of residence. The designated locations are as follows:

·      Afghanistan – Islamabad

·      Belarus – Vilnius, Warsaw

·      Chad – Yaoundé

·      Cuba – Georgetown

·      Haiti – Nassau

·      Iran – Dubai

·      Libya – Tunis

·      Niger – Ouagadougou

·      Russia – Astana, Warsaw

·      Somalia – Nairobi

·      South Sudan – Nairobi

·      Sudan – Cairo

·      Syria – Amman

·      Ukraine – Krakow, Warsaw

·      Venezuela – Bogota

·      Yemen – Riyadh

·      Zimbabwe – Johannesburg

What Applicants Need to Know

Residence Documentation: Applicants must be ready to prove residence in the country of application if applying based on residency.

Fees: Visa application fees paid for interviews outside one’s country of nationality or residence are non-refundable and non-transferable—even if the applicant does not qualify for the visa.

Appointment Availability: Nonimmigrant visa interview wait times vary by location. Applicants not applying in their country of nationality or residence should expect longer waits.

Existing Appointments: Most scheduled nonimmigrant visa appointments will not be cancelled due to these new requirements. However, there is a very high likelihood that the visa application will be denied.

Further Information: Applicants are strongly advised to consult the official websites of relevant U.S. embassies and consulates for specific requirements, procedures, and the latest updates on operating status and services.

At this point, applying for a visa outside of your home country (country or residence) runs a high risk of visa denial. If you would like to discuss a specific scenario please reach out to one of the attorneys at Graham Adair.

Categories Department of State News & Updates

Dropbox Program Cancelled for H-1B and L-1 Visa Holders

We would like to inform you about important changes to the dropbox procedures at the consulates, as announced by the U.S. Department of State. These changes will affect the eligibility criteria for waivers of the nonimmigrant visa interview. The Department of State is cancelling the dropbox program for all H-1B and L-1 visa holders and their dependents starting September 2, 2025. The DOS is also going to be requiring children to appear for interviews at the consulate.

If you have an appointment for a dropbox renewal scheduled after September 1, 2025 we recommend that you reach out to the consulate to reschedule your appointment as soon as possible as we anticipate that demand for interview appointments will be high. We anticipate that this will increase visa appointment wait times going forward.

There are some very limited exceptions to this for diplomatic visas and for B visas as outlined below.

Key Changes:

General Requirement for In-Person Interviews:

  • All nonimmigrant visa applicants, including those under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer.

Exceptions to the In-Person Interview Requirement:

  • Applicants for diplomatic- or official-type visas.
  • Applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) within 12 months of the prior visa’s expiration, and who were at least 18 years old at the time of the prior visa’s issuance and meet the additional criteria below.

Criteria for Interview Waiver Based on B Visa Renewal:

  • Applicants must apply in their country of nationality or residence.
  • Applicants must have never been refused a visa (unless such refusal was overcome or waived).
  • Applicants must have no apparent or potential ineligibility.

These upcoming changes mark a significant shift in the visa application process and will impact a large number of H-1B and L-1 visa holders and their families, as well as many other nonimmigrant visa applicants. We strongly encourage individuals and employers to plan ahead, especially for any travel or renewal needs occurring after September 1, 2025. Given the anticipated increase in demand for interview appointments and the stricter eligibility for interview waivers, early preparation and coordination with the appropriate consulate will be critical.