On August 26, 2026, the Department of State announced that all immigrant visa interviews at U.S. consular posts and embassies abroad are cancelled due to a temporary pause imposed by the Department of State.  The purpose of the pause, as reported by the press, is to provide officer training on public charge assessments.  The new public charge rules will be introduced to all applications for U.S. permanent resident applicants applying for adjustment of status in the United States or overseas through consular processing as of September 18, 2026.

The Department of State has announced that it expected the pause to end on August 31^st, but no formal announcement has been made and immigrant visa appointments cancelled at consular posts globally for September 2026 have not yet been reinstated.

Facts and Background

The Department of State announced that training is mandated for consular officers to facilitate their ability to evaluate consistently whether an immigrant visa applicant will likely become a public charge in the United States. A determination considering the ‘totality of the circumstances’, including age, health, family status, financial resources, education and skills are to be considered by officers reviewing immigrant visa applicants securing U.S. permanent residence status post-interview.

The pause in immigrant visa processing falls on the heels of an August 21^st federal court decision which vacated the State Department previous policy of suspending immigrant visas for nationals of 75 countries based on public charge considerations.  The State Department did not indicate that its August 26^th pause was related to the August 21^st federal court decision concerning the policy vacating immigrant visa issuance for nationals of 75 countries.

 Exclusions of the Immigrant Visa Pause

The public charge rules apply exclusively to immigrants intending on making the United States their permanent home and not to nonimmigrant visa applicants. The immigrant visa pause will not affect nonimmigrant visa applications for individuals applying for B-1/B-2 visitor for business/pleasure visas, F-1 student visas, H1-B professional workers, L-1 intracompany transferees, O-1 individuals of extraordinary ability, P-1 and P-2 performers and entertainers and groups, R-1 religious workers, E-3 Australian visa applicants or others applying for temporary employment in the United States.

Guidance for Immigrant Visa Applicants

• Immigrant visa applicants in the midst of submitting applications to the National Visa Center should continue the process of filing and registering their cases.
• Those with interviews scheduled may be delayed or rescheduled. 
• Pauses in immigrant visa issuance might cause longer delays with scheduling at consular posts for immigrant visa interviews, as postponed appointments are rescheduled after the training has been completed.
• It is important to note that the decision regarding whether an individual might become a public charge is at the discretion of the consular official conducting the immigrant visa interview.

Final Thoughts

Preparation is key to success to assure immigrant visa issuance and avoid a determination that an applicant for an immigrant visa will not likely become a public charge after entry to the United States.

FOR MORE INFORMATION:
The Business & Corporate Immigration practice at Tarter Krinsky & Drogin will continue to follow this update closely. If you have any questions or would like to discuss, please reach out to a member of our team.