Judge Blocks Immigrant Visa Suspension Affecting 75 Countries

A federal judge has struck down a U.S. Department of State policy that suspended the issuance of employment-based green card visas, as well as other immigrant visas, to nationals of 75 countries, potentially reopening a significant immigration pipeline for employers and foreign workers.

Judge Jeannette A. Vargas of the U.S. District Court for the Southern District of New York ruled Aug. 21 that the policy was “patently unlawful” and exceeded Secretary of State Marco Rubio’s authority under the Immigration and Nationality Act (INA). She also found that the policy violated the Administrative Procedure Act and provisions of the INA and its implementing regulations.

The ruling came in Catholic Legal Immigration Network (CLINIC) v. Rubio.

Specialty Credential: U.S. Employment Immigration

The decision could provide relief for organizations with employees, candidates or family members affected by the suspension, which had effectively halted the final processing of immigrant visa applications for nationals of the designated countries.

The State Department began implementing the indefinite suspension Jan. 21, saying it needed to reassess how consular officers determine whether visa applicants are likely to become a “public charge” — someone expected to depend on U.S. government assistance.

Applicants from the affected countries could continue submitting applications and attending interviews, but consular officers were instructed not to complete adjudications or issue visas.

The policy applied to nationals of countries including: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Congo, Cuba, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, 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.

The State Department developed the list using White House data, identifying countries where more than 30% of immigrant households received some form of public assistance.

Judge Vargas rejected that approach, emphasizing that federal law requires individualized assessments of visa applicants. Under the INA, a consular officer evaluating whether an immigrant is likely to become a public charge must consider factors such as the applicant’s financial resources, age, health, skills, family circumstances, and other relevant factors.

“Consular officers are required to conduct an individualized assessment of applicants,” Vargas wrote, finding that the policy instead directed officers to refuse otherwise eligible applicants based solely on nationality.

The ruling could affect employers sponsoring foreign workers for permanent residence, particularly organizations that have faced delays in bringing employees or their family members to the United States through the immigrant visa process.

In practical terms, U.S. consulates should resume adjudicating immigrant visa applications from nationals of the affected countries. They are also expected to reopen cases that were refused solely because of the now-invalidated policy. Consular operations and individual case circumstances could determine how quickly applications are reconsidered.