Despite a federal court ruling striking down the Trump administration’s 75-country immigrant visa pause, visa applications have moved very slowly.
Court records show that between August 21 and September 30th only 318 immigrant visa applications were approved or resulted in visa issuance, out of more than 43,000 applications affected by the pause.
Adding to the uncertainty, just last week the U.S. Court of Appeals for the Second Circuit temporarily blocked an order requiring the State Department to reconsider previously refused applications. As a result, filing a federal lawsuit may be the most effective path toward resolving these cases.
Key Highlights
- The 75-country immigrant visa pause no longer applies as of August 21, 2026, following a federal court order.
- New immigrant visa applications are not subject to the pause.
- Applications previously refused under the pause are not automatically reopened or reconsidered.
- Mandamus or group lawsuits may be an option for applicants whose visas were previously refused under the pause, depending on the circumstances of their cases.
- Between August 21 and September 30th, the State Department reviewed just 706 immigrant visa applications, approving or issuing 318 visas and refusing 388 applications on other grounds. This represents fewer than 2% of the more than 43,000 applications affected by the pause.
What Was the 75-Country Immigrant Visa Pause?
On January 14, 2026, the Trump administration announced a suspension of immigrant visa issuance for nationals of 75 countries, that became effective on January 21, 2026.
The State Department justified the pause by citing concerns that immigrants from certain countries were more likely to rely on U.S. public benefits and become a “public charge.”
The 75 countries affected by the immigrant visa pause were:
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, and Yemen.
Affected applicants could still attend immigrant visa interviews, but U.S. consulates could not issue their immigrant visas. The policy did not apply to temporary visas, such as tourist, student, or work visas.
On August 21st a federal court struck down the suspension, prompting the State Department to announce that the pause is no longer in effect.
What Do the Latest Visa Processing Statistics Reveal?
According to an October 5, 2026, court filing by the State Department in CLINIC v. Rubio, visa processing has been extremely slow since the 75-country pause was lifted on August 21, 2026.
Key Highlights
- 706 applications reviewed: Between August 21 and September 30, 2026, the State Department adjudicated approximately 706 immigrant visa applications that had previously been refused under the pause.
- 318 visas approved or issued: Of those 706 applications, only 318 were approved for visa issuance or resulted in visas being issued.
- 388 applications refused again: Approximately 388 applications were refused under other provisions of the Immigration and Nationality Act (INA).
- More than 43,000 affected applications: The State Department previously acknowledged that more than 43,000 applications had been refused solely under the pause and were subject to the district court’s order.
- Less than 2% processed: The 706 reviewed applications represent fewer than 2% of the more than 43,000 affected cases, highlighting the limited progress and substantial backlog.
These figures cover previously refused applications and do not represent all immigrant visa applications awaiting processing. They also do not establish how many applicants actually received their visas.
What Does This Mean for Affected Applicants?
Although visa processing has resumed, progress remains slow. At the current pace, clearing the backlog of more than 43,000 affected applications could take years unless the State Department significantly increases processing.
Another concern is that some applicants previously refused under INA Section 221(g) may have additional grounds for refusal beyond the 75-country pause. Consular officers must review each case individually to determine whether the refusal was based solely on the pause or involved other eligibility issues.
Applicants who discover additional reasons for their refusal should act promptly. Depending on the circumstances, this may include responding to requests for additional information, contacting the consulate for clarification, requesting reconsideration, or seeking assistance through the State Department’s LegalNet system.
Which Visa Applications Are Being Prioritized?
U.S. embassies and consulates are selectively reviewing previously refused applications. Some cases that have been pending for weeks or months are now being reopened, with consular officers requesting additional documentation or taking steps toward adjudication.
We have also observed that some applicants involved in individual or group litigation have received attention to their cases sooner than those who have not pursued legal action.
While litigation does not guarantee visa approval, it may help move stalled cases forward. With thousands of applications still pending, applicants should consider taking proactive steps rather than simply waiting.
What Should Affected Applicants Do?
- Confirm your refusal reason: Determine whether your visa was refused solely because of the pause or whether other grounds of inadmissibility apply.
- Address outstanding issues: Respond promptly to consular requests and consult an immigration attorney if your case involves additional legal concerns.
- Follow up on your case: Contact the embassy or consulate to request an update or clarification rather than relying solely on passive waiting.
- Consider litigation: Consult an immigration attorney to determine whether an individual lawsuit or participation in group litigation may be appropriate.
The numbers make one thing clear: waiting alone may not be enough. Taking action now could make a difference in moving your case forward.
Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- October Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- Know your Rights if ICE visits your home or workplace
- Know your Rights Card (English)
- Know your Rights Card (Spanish)
- ICE Online Detainee Locator System
- ICE Immigration Detention Facilities
- USCIS Processing Times
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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