DOS Temporarily Pauses Immigrant Visa Processing Worldwide (Greencard Interviews at US Embassies Abroad)
The U.S. Department of State (DOS) has temporarily paused immigrant visa appointments at U.S. embassies and consulates worldwide while consular officers undergo additional training on updated screening procedures. The pause is global and is not limited to applicants from specific countries.
According to several media outlets, DOS has instructed consular posts to pause immigrant visa appointments while officers complete training intended to ensure more consistent and thorough adjudications, including assessments of whether an applicant may become dependent on U.S. public benefits.
Who Is Affected?
The pause applies to individuals seeking immigrant visas through U.S. consulates abroad, including employment-based and family-based immigrant visa applicants. Applicants with upcoming immigrant visa interviews may receive notices that their appointments have been canceled or rescheduled.
Importantly, the pause does not apply to nonimmigrant visa processing, such as H-1B, L-1, O-1, E, TN, F-1, or B-1/B-2 visa applications. It also does not apply to green card applications filed within the US (i.e., does not apply to I-485 adjustment of status (AOS) applications filed with the USCIS).
Why Is DOS Pausing Appointments?
The pause is intended to provide consular officers with additional training concerning the assessment of immigrant visa applicants, with a particular focus on the public charge ground of inadmissibility. The updated approach is expected to place greater scrutiny on whether applicants have sufficient financial resources and are likely to become dependent on government assistance after entering the United States.
The new worldwide pause comes just days after a federal court decision vacating a separate State Department policy that had suspended immigrant visa issuance for nationals of 75 countries. In that case, the U.S. District Court for the Southern District of New York found that the nationality-based suspension exceeded the Secretary of State’s authority and violated federal immigration law. The court vacated the policy and required DOS to return to individualized, case-by-case visa adjudications.
Unlike the vacated 75-country policy, the newly announced pause is worldwide and is being characterized by DOS as a temporary measure to allow for consular officer training, rather than a categorical prohibition on immigrant visa issuance for nationals of designated countries.
What Should Employers and Applicants Expect?
At this time, DOS has not announced how long the worldwide pause will remain in effect. Immigrant visa applicants with upcoming consular appointments should closely monitor communications from the applicable U.S. embassy or consulate regarding cancellations or rescheduling.
The pause may result in delays for foreign nationals completing the final stage of the employment-based green card process through consular processing. Employers should therefore account for potential delays when planning U.S. start dates or relocations for employees who require immigrant visa processing abroad.
We will continue monitoring DOS guidance and provide additional updates regarding the duration of the pause and the resumption of immigrant visa appointments.