The Department of State will temporarily suspend processing of immigrant visa applications from 75 countries that involve public charge requests, effective January 21, 2026.
The information was initially released through a post on social media saying that the measure concerns those nations “whose migrants take welfare from the American people at unacceptable rates. The freeze will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people.”
A more thorough and formal declaration was made a day later through the DOS website. The clarification states that immigrant visa applicants from these nations may continue submitting visa applications and attending interviews, but no immigrant visas will be issued during the pause.
This action underscores the Trump Administration’s current focus on reshaping U.S. immigration policies.
However, the specific impact across visa categories, including the EB-5 program, remains to be seen.
What could be the effect of the halt on EB-5 applications from these countries?
U.S. immigration lawyers are advising caution regarding how these changes may impact EB-5 applications from these countries. They recommend that foreign nationals wait for more official information before making decisions about their immigration pathways to the U.S.
Joey Barnett of WR Immigration says that the halt should not directly affect these petitions, as they are employment-based fifth-preference visas and not “public charge” requests.
“This pause by the DOS has no impact on I-526E processing, I-765/I131 processing, or I-485 processing,” he said. “It will delay issuance of immigrant visas to investors with approved I-526/E abroad while DOS retools their public charge analysis.”
“Public charge” refers to an individual who relies on U.S. government benefits, such as cash assistance or long-term care, when applying for a visa or residency.
“EB‑5 investors generally have strong financial profiles, which should weigh against a public charge finding, but health and family factors could still trigger scrutiny,” says Alex Kim from Fragomen.
However, other attorneys say that investors awaiting an EB-5 immigrant visa may be affected.
“For those investors abroad in the queue for an immigrant visa appointment, it may impact them because the EB-5 is an immigrant visa,” Jennifer Hermansky of Greenberg Traurig and the EB-5 Committee chair for the American Immigration Lawyers Association (AILA), says. “We also do not know at this time if it impacts Form I-485s in the U.S.”
Kim adds: ““EB‑5 investors from any of the 75 listed countries who are pursuing immigrant visas through consular processing will face indefinite suspension of visa issuance until the State Department lifts the freeze.”
According to Yuliya Veremiyenko-Campos, Esq. of YVC Legal, “this appears to be a consular processing freeze, not a statutory change to the EB-5 program itself, and not a termination of visa availability under the Immigration and Nationality Act.”
However, this halt in consular processing might delay immigrant visa issuance for EB-5 investors from affected countries.
“For EB-5 investors from affected countries, who are processing through U.S. consulates abroad, a pause in immigrant visa issuance could result in indefinite delays at the final stage, even after I-526E approval and visa availability. That uncertainty is particularly disruptive for families who have already completed multi-year adjudications and are simply awaiting interviews or visa issuance,” Veremiyenko-Campos adds.
She does not expect an impact on EB-5 applications of those nationalities from within the U.S. “They are not directly affected by a consular suspension, as their cases are adjudicated by USCIS rather than the State Department.”
“The suspension applies only to immigrant visa processing abroad; EB‑5 applicants filing I‑485 for adjustment of status inside the U.S. are not directly affected,” Kim says. “However, USCIS may adopt similar expanded public charge review standards, meaning EB‑5 AOS applicants could see more RFEs or NOIDs focusing on health, age, and financial stability.”
There is little official information yet on whether waivers or exceptions are available for these applications. “Dual nationals applying with a valid passport of a country that is not listed above are exempt from this pause,” says DOS.
“The whole way this ban was announced is atrocious,” says Tammy Fox-Isicoff of Rifkin & Fox-Isicoff P.A. “We do not know the genesis of this ban. It is scary that rather than promulgating a proper regulation or passing a law, this new ban was implemented through a press release. Apparently, the ban does not apply to non-immigrants, but does it apply to Ks? I seriously doubt that there are any statistics showing that nationals from the listed countries have relied on U.S. public benefits and become a public charge,” she questions.
GT Law advised clients from these countries to expect delays and to consider alternative strategies. Meanwhile, U.S. employers using foreign talent may need to adjust timelines and explore contingency options for non-immigrant work visas.
U.S. immigration attorney Renata Duarte from Duarte Law represents EB-5 investors from Brazil affected by this announcement.
“Brazil is one of the biggest EB5 players. Note that neither India, China, nor Vietnam was included in the list. Russia does not figure in the top 10 countries for EB-5,” she says. “Brazil’s inclusion is a headline in itself because it suggests the driver is not limited to the traditional ‘national security list’ model, and may be more about a policy choice around public-charge screening and perceived fiscal exposure applied across many countries.”
Duarte notes that Brazilian EB-5 investors qualify under President Trump’s directive that immigrants be financially self-sufficient and not be a financial burden to Americans.
“The general profile of Brazilian immigrants in the U.S.: 2022’s Migration Policy Institute’s profile of Brazilian immigrants, drawing on U.S. Census Bureau data, shows relatively strong indicators on education and income compared with immigrants overall,” she concludes.
Fox-Isicoff also highlights EB-5 investors’ overall eligibility. “Certainly, a Gold Card holder or an EB-5 immigrant would not be considered a public charge, so why include them in this ban? What about a skilled professional worker or L transferee, extraordinary ability foreign national, or national interest, or multi-millionaire-why would any be subject to a public charge ban? The sponsor in family-based immigration is on the hook if the beneficiary becomes a public charge. This ‘ban’is totally unnecessary.”
Why is the U.S. government banning these immigration applications?
DOS states this pause is being implemented as the department reassesses its vetting procedures for immigration processing involving public charge requests.
“President Trump has made clear that immigrants must be financially self-sufficient and not be a financial burden to Americans. The Department of State is undergoing a full review of all policies, regulations, and guidance to ensure that immigrants from these high-risk countries do not utilize welfare in the United States or become a public charge,” says the official DOS press release.
Robert Divine of Baker Donelson points out that U.S. law already empowers the government to deny visas to anyone who is likely to become a public charge. “The current administration has already reimposed its aggressive interpretation of the ‘public charge’ inadmissibility for individual decisions.”
The directive instructs embassies and consulates to suspend decisions effective Jan. 21 while the DOS reviews its procedures.
The complete list of countries comprises of Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, 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.
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