09/03/2026

Federal Judge Vacates State Department Pause on Immigrant Visa Processing for 75 Countries

A federal judge has struck down the State Department policy pausing immigrant visa processing for applicants from 75 countries. The Aug. 21 ruling allows affected applications to resume under normal procedures and could be significant for LeadingAge members recruiting internationally educated nurses through the EB-3 process.

What You Need To Know

• The U.S. District Court for the Southern District of New York found that the State Department exceeded its statutory authority by imposing the broad visa-processing pause.
• The court found that federal immigration law requires consular officers to make individualized visa determinations rather than deny or delay processing based on nationality alone.
• Immigrant visa applications from the affected countries may now resume processing under normal procedures.
• Public charge requirements remain a valid ground of inadmissibility.
• Public charge determinations must be based on each applicant’s individual circumstances rather than a blanket restriction tied to nationality.

What Happens Next

• The ruling removes the legal basis for the State Department’s processing pause.
• The practical effect will depend on how quickly and fully the State Department resumes adjudication of affected applications.
• Processing delays may continue as consular posts address cases that accumulated during the pause.
• Applicants will still be subject to all other applicable visa eligibility and admissibility requirements.

What to Do

• Organizations recruiting internationally educated nurses through the EB-3 process should review whether pending candidates were affected by the 75-country pause.
• Stay in contact with immigration counsel and recruitment partners regarding case status and consular processing.
• Monitor State Department implementation and any additional guidance affecting visa scheduling or adjudication.
• Review LeadingAge’s coverage of the State Department policy and court ruling for additional context.