Visa Freeze in Place for 75 Countries

On January 18, the U.S. State Department announced an open-ended suspension of all immigrant-visa services for citizens of 75 countries. Under the new directive, U.S. consulates overseas have been ordered to cancel upcoming immigrant-visa interviews and to stop issuing new immigrant visas (IVs) for applicants who hold passports from the listed nations. Non-immigrant visas (tourist, student, business, and work categories such as H1s and E2s) remain available, but applicants may be subjected to enhanced public-charge and security screening. At the moment, the visa freeze does not affect any case processing happening at USCIS, the U.S. Department of Labor, or any related agency within the United States.

The 75-country list spans every region of the world, with large contingents from Africa, the Middle East, Latin America/Caribbean and Central/ South Asia, including Afghanistan, Bangladesh, Bhutan, Nepal, and Pakistan. Current green-card holders, dual nationals travelling on an unrestricted passport, and beneficiaries of approved visas issued before January 21 are exempt from this freeze. Due to the increasing restrictions around re-entry to the U.S., foreign nationals (even those not from a country on the list) should avoid travel if possible, and if it is necessary plan for possible issues re-entering the U.S. You should also understand your visa renewal timeline, to ensure timely renewal within the U.S.

We are still waiting to see the full effects of the freeze, and how long it will last. It is possible that the enhanced screening could also carry over into USCIS processing of Adjustment of Status cases within the United States, but at this time that has not been announced. It is imp- ortant that anyone currently or planning to file a Green Card case consult with an immigration attorney before receiving any type of public benefits.

Important changes to the H1 program

As we approach the start of the H1 process for those pursuing H1 status for Fiscal Year 2027—opening up on April 1, 2026 for an October 1, 2026 start date—there are several important changes to the program for this year. The first would be the widely discussed $100,000 fee being levied at consulates for those applying for the H1 visa abroad. The other will be the new weighted selection process. Under the new system, the selection of H-1B beneficiaries will be determined by a weighted pool, with entries based on the offered wage relative to the DOL’s four-tier prevailing wage system. H1 applicants being offered a Level 4 wage in the required Labor Condition Application will have their names entered into the H1 lottery 4 times; Level 3 wage recipients will be entered 3 times; etc. This could impact employers’ hiring strategies, especially for entry-level candidates at Level 1 wages, who may face reduced chances of selection. While the DHS intends for the rule to be in effect for the FY 2027 season, it is possible that the regulation will be challenged in federal court, which could delay its implementation. Importantly, this rule does not affect “cap-exempt” H-1B petitions, including extensions of stay, change of employer, amendments, or initial H-1B petitions filed by organizations that are deemed to be not liable for the H-1B annual cap. Also: Unreserved EB-5 categories for India advance again, and are at May 1, 2022.

APPLICATION FINAL ACTION DATES—FEBRUARY 2026

DATES FOR FILING VISA APPLICATIONS—FEBRUARY 2026

Visa Bulletin for February 2026 is available on our website. Please go to http://www.khabar.com/magazine/ immigration/