The Department of State will temporarily suspend processing of immigrant visa applications from 75 countries that involve public charge requests, effective January 21, 2026.
In a post on social media, the department said 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.”
This action underscores the Trump Administration’s current focus on reshaping U.S. immigration policies.
However, a more thorough and formal declaration has not yet been made. Consequently, the specific impact for various visa categories, including the EB-5 visa program, remains uncertain.
What could be the effect of the halt on EB-5 applications from these countries?
U.S. immigration lawyers are advising caution regarding whether 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.
However, Jennifer Hermansky of Greenberg Traurig and the EB-5 Committee chair for the American Immigration Lawyers Association (AILA) says 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,” Hermansky adds. “We also do not know at this time if it impacts Form I-485s in the U.S.”
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.
The attorney 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.”
There is also no official information on whether waivers or exceptions are available for these applications. Fragomen said the DOS agency is implementing the suspension via an internal cable that is not publicly available.
“The whole way this ban was announced is atrocious,” says Tammy Fox-Isicoff of Rifkin & Fox-Isicoff P.A. “Does the ban apply to nonimmigrants? Certainly, unclear. Does the ban apply to all immigrants or only family/employment? 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?” 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.
Why is the U.S. government banning these immigration applications?
Media reports indicate that an internal memo states that this pause is being implemented as the department reassesses its vetting procedures for immigration processing involving public charge requests.
“U.S. law already empowers the Government to refuse visas to anyone who is ‘likely to become a public charge,” says Robert Divine of Baker Donelson. “The current administration has already reimposed its aggressive interpretation of the ‘public charge’ inadmissibility for individual decisions.”
The directive reportedly 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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