In a decision with far-reaching consular implications, the U.S. District Court for the Southern District of New York has vacated the State Department’s January 2026 directive that barred immigrant-visa issuance to nationals of 75 countries. While the ruling was issued Aug. 21, the department formally acknowledged the policy’s demise in guidance published Sept. 14. The court found the nationality-based pause violated the Immigration and Nationality Act’s anti-discrimination clause and exceeded the secretary of state’s authority. Approximately 43,000 immigrant-visa cases had been refused solely under the policy, according to plaintiff counsel. The judgment sets those refusals aside and remands applications for adjudication under normal standards. For global-mobility managers, the change reopens long-stalled green-card relocations from emerging-market talent pools such as Brazil, Nigeria and Pakistan. Consular sections must now identify affected cases, schedule new interviews and reverse technical refusals—tasks likely to lengthen processing times across the board. Employers should prepare for staggered interview notices and advise applicants to maintain updated civil documents and medical exams. The Biden administration has appealed, but the ruling remains in effect absent a stay. Because the decision does not waive public-charge or security reviews, applicants may still face scrutiny. Companies sponsoring transferees should verify that National Visa Center fees remain paid and consider premium processing of underlying I-140 petitions where available to speed re-documented cases.
Source: VisaLex Blog
