Takeaways
- The State Department is pausing immigrant visa interview appointments while consular officers receive updated public-charge training. The agency has not publicly announced the duration or precise scope of this pause.
- The pause follows an August 21 federal court decision vacating the State Department’s separate suspension of immigrant visa issuance to nationals of 75 countries.
- Employers should monitor affected employees’ appointments and account for potential delays when planning start dates, relocation, or international travel.
The State Department has paused immigrant visa interview appointments at U.S. embassies and consulates to accommodate a global training initiative for consular officers. A State Department spokesperson stated that visa appointments would be adjusted to facilitate training on updated public-charge guidance. The agency has not publicly indicated the duration of the pause or whether all consular posts and immigrant visa applicants will be affected in the same manner.
Court Vacated Earlier 75-Country Immigrant Visa Suspension
The pause follows the U.S. District Court for the Southern District of New York’s Aug. 21, 2026, decision in Catholic Legal Immigration Network, Inc. v. Rubio, No. 26-CV-00858. The court vacated a State Department policy, which went into effect Jan. 21, that suspended immigrant visa issuance to nationals of 75 countries.
Under that policy, consular officers were directed to refuse immigrant visas under Section 221(g) of the Immigration and Nationality Act (INA) based solely on an applicant’s nationality when no other ground of ineligibility applied, even when an individualized assessment did not support a public-charge finding.
The court held that the policy violated the INA’s prohibition against nationality-based discrimination in immigrant visa issuance, conflicted with the statutory and regulatory framework governing visa refusals, and exceeded the secretary’s authority. The court vacated the policy and refusals that were based solely on it. Refusals supported by an independent ground of ineligibility were not vacated.
USCIS Changes Adjustment of Status Adjudications
Separately, DHS rescinded its 2022 public-charge regulations, effective Sept. 18, 2026. In subsequent guidance, USCIS confirmed that officers will evaluate adjustment-of-status applicants subject to public-charge review.
USCIS officers will consider the following five statutory factors, along with other relevant information:
- Age;
- Health;
- Family status;
- Assets, resources, and financial status; and
- Education and skills
For benefit requests received on or after Sept. 18, 2026, officers may consider any means-tested public benefit. The guidance applies to covered Forms I-485 postmarked or electronically submitted on or after that date.
Practical Implications
While USCIS adjudicates adjustment-of-status applications within the United States, the State Department administers immigrant visa processing abroad. Both developments reflect increased public-charge review across permanent residence pathways.
Applicants abroad should monitor communications from the applicable consular post and confirm appointment status before making travel arrangements.
For employers sponsoring workers through immigrant visa consular processing, appointment changes may affect anticipated visa issuance, relocation, and employment start dates. Employers should maintain flexibility and consult immigration counsel regarding time-sensitive cases.
Please contact a Jackson Lewis attorney with any questions.