On January 14, the Trump Administration announced the suspension of Immigrant Visa processing for citizens of 75 countries. The list includes:
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.
This U.S. immigration policy takes effect on January 21. This is an indefinite pause with no set date for when it will end.
“The Trump administration is bringing an end to the abuse of America’s immigration system by those who would extract wealth from the American people,” the U.S. Department of State said. “Immigrant visa processing from these 75 countries will be paused while the State Department reassess immigration processing procedures to prevent the entry of foreign nationals who would take welfare and public benefits.”
What are the Exceptions?
There is an exception for dual nationals who apply with a valid passport from a country not included in the suspension.
In addition, the suspension does not restrict applicants seeking non-immigrant visas, such as B1/B2 temporary tourist or business visas, who make up the larger percentage of visa applicants. Demand for non-immigrant visas is expected to rise for the 2026 World Cup and 2028 Olympics, which the U.S. will host or co-host.
What are the Effects on U.S. Immigration?
U.S. Consulates will not issue Immigrant Visas to applicants who are from any of the 75 countries, even if they are otherwise eligible for the visa. Although they may submit their forms and documents to the DOS, their applications will not be granted while the suspension is in effect.
During the pause, the legal paths to U.S. immigration and permanent residence will be tightened. After the suspension is lifted, applicants will still have to meet long-existing eligibility requirements.
How Does This Policy Support the Trump Administration’s U.S. Immigration Stance?
The Trump Administration has already restricted immigrant and non-immigrant visa processing for citizens of dozens of countries, many of them in Africa, Asia and Latin America. In June 2025, it imposed U.S. travel restrictions on citizens from 12 countries: Afghanistan, Chad, Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Myanmar, Somalia, Sudan and Yemen.
The suspension is based on a November guidance directed to U.S. Embassy and Consulate officials to comprehensively and thoroughly vet visa applicants to demonstrate that they will not need to rely on public benefits from the U.S. government any time after they are admitted to the United States.
What U.S. Immigration Law Creates Public Charge Requirements?
Section 212(a)(4) of the Immigration and Nationality Act (INA) prohibits applicants from receiving an immigrant visa or adjusting to permanent residence if they are likely, at any time, to become a public charge. To show they are not inadmissible on this ground, a Form I-864, Affidavit of Support, filed on their behalf is required in most family-based and some employment-based immigrant visa or adjustment cases.
In his first term, Trump and his Administration introduced a new Final Rule on August 14, 2019, which amended how U.S. immigration agencies applied section 212(a)(4). The 2019 Rule gave USCIS more discretionary power to deny Form I-485 green card requests and Form I-129 and Form I-539 applications to change status or extend status, on the public charge ground. The rule was set to take effect on October 15, 2019, i.e. 60 days after its publication. But federal court litigation delayed the implementation of the rule to February 24, 2020.
Then on March 9, 2021, the Public Charge rule under the prior Trump Administration was vacated and removed. USCIS and the U.S. Department of State returned to the old 1999 rule to determine whether a person is likely to become a public charge on the U.S. government.
The August 8, 2024 (08-28-2024) update in the DOS’ Foreign Affairs Manual instructs officers to consider the “Totality of Circumstances” to determine whether the applicant is likely to become a public charge. They are to consider, at a minimum, the applicant’s:
(a) Age;
(b) Health;
(c) Family status;
(d) Assets, resources, and financial status; and;
(e) Education or skills.
A properly filed, non-fraudulent Form I-864 in cases where it is required, is normally enough to meet the INA 212(a)(4) requirements and satisfy the “totality of the circumstances” test. But the factors cited above could be relevant in usual cases in which a Form I-864 has been submitted and should also be considered in cases where a Form I-864 is not required.
The public charge rule is forward looking, so officers are instructed to focus on the applicant’s present circumstances at the time of the visa application. A visa may not be refused based on speculation about financial issues that may occur in the future, such as a loss of job or medical emergency.
Past or current receipt of cash benefits for income maintenance by a family member of the visa applicant may be factored in only when such benefits also constitute(d) the primary means of subsistence of the applicant.
It’s not clear whether or how exactly the State Department will modify instructions relating to INA 212(a)(4) inadmissibility.
For more information, see:
2019 Public Charge Rule Gets Tossed; 1999 Rule is Back
Immigrant Visa Process: Delays and Setbacks
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The Legal Immigrant provides general information and is for educational purposes only. It is based on U.S. immigration law, regulations and policy that are subject to change. Do not consider it as legal advice for your situation. The sharing or receipt of this information does not create an attorney-client relationship.
