Pause on Immigrant Visas in the USA: What Still Works

Since January 21, 2026, the United States Department of State has maintained a pause on the issuance of immigrant visas for nationals of 75 countries, including Brazil. This measure has created uncertainty among thousands of people with ongoing or planned immigration processes. However, understanding the exact scope of this pause is essential to distinguish between what has actually changed and what continues to function normally – and, above all, which alternatives remain viable.

What the Consular Pause Is

The measure consists of a temporary suspension of the issuance of immigrant visas processed at U.S. embassies and consulates abroad. The Department of State is conducting a comprehensive review of screening criteria to determine whether applicants from countries considered high-risk are likely to become dependent on public benefits in the U.S. – the legal concept of public charge.

It is important to note that the pause did not cancel already approved petitions, did not eliminate any visa category, and did not end the scheduling of consular interviews. Interviews are still being conducted and cases continue to be processed administratively. What is suspended is exclusively the final step: the physical issuance of the immigrant visa.

As of April 2026, there is no official deadline for the end of the pause. The Department of State has stated that issuance will resume after the review of public charge assessment procedures for the 75 listed countries is completed.

Who Is Directly Affected

The impact falls on people who depend on consular processing – that is, those who are outside the United States and are waiting for the issuance of an immigrant visa at a U.S. embassy or consulate. Nationals of 75 countries, including Brazil, are affected, and the measure covers all categories of immigrant visas processed abroad: employment-based visas (EB-1, EB-2, EB-3, EB-5) and family-based visas.

Even in these cases, consular interviews may continue to occur and many processes are still being reviewed administratively, awaiting the resumption of issuance. This means that cases have not been closed, only temporarily paused at the final stage.

There are important exceptions: dual nationals who present a valid passport from a country not on the list are exempt from the pause. Children in the process of being adopted by U.S. citizens may also qualify for a National Interest Exception under Presidential Proclamation 10998.

What Continues to Function

The pause is limited in scope to consular processing of immigrant visas. Several other areas of the U.S. immigration system continue to operate normally:

• Adjustment of Status (AOS): the processing of green cards within the United States, via form I-485, was not affected by the pause. Those already in the U.S. with valid status can continue their process normally through USCIS.
• Immigration petitions: USCIS continues to review and approve I-140, I-130, and other petitions. Premium Processing remains available for eligible categories.
• Nonimmigrant visas: categories such as H-1B, L-1, O-1, F-1, J-1, B-1/B-2, and E-2 are not affected by the measure. The pause applies exclusively to immigrant visas.
• Visa categories: no category has been eliminated. EB-1, EB-2, EB-3, EB-5, and family-based visas continue to exist as before. The legal basis of U.S. immigration has not been changed.

Strategic Alternatives

Periods of regulatory adjustment require strategy, not paralysis. Depending on the applicant’s profile, there are alternative paths that keep the immigration plan moving:

• Legal entry into the U.S. with a dual intent visa: categories such as H-1B, L-1, and O-1 allow the holder to have the declared intention to immigrate permanently. Once in the U.S., it is possible to apply for Adjustment of Status, bypassing the need for consular processing.
• Restructuring the process without starting over: professionals with already approved I-140 petitions can maintain their priority date and explore alternative ways to complete the process within the U.S.
• Changing the processing base: in some cases, it is possible to consider transferring the case to domestic processing, eliminating dependence on the consulate abroad.

The viability of these alternatives depends on the type of visa, current immigration status, nationality, and specific factors of each case. Each situation should be evaluated individually based on the concrete circumstances.

Impact for Brazilians

Brazil is among the 75 countries affected by the pause, which directly impacts Brazilians waiting for the issuance of immigrant visas at the U.S. Consulate in São Paulo or other consular posts. For those who have already had their interview and were waiting for visa issuance, the process is temporarily halted at this final stage.

However, Brazilians who are already in the United States with valid status – whether with a work visa, student visa, or other – can proceed with Adjustment of Status normally. Those with approved I-140 petitions retain their priority date, regardless of the consular pause. This means that the time invested in the process is not lost.

Context and Perspectives

The measure is part of a series of actions by the federal administration aimed at tightening the criteria for admitting immigrants, with a particular focus on the assessment of public charge. The concept, which already existed in U.S. immigration law, is being applied with stricter criteria, especially affecting nationals of countries where the Department of State has identified a higher statistical risk of dependence on public benefits.

The absence of a defined deadline for the end of the pause makes planning more challenging, but not impossible. The U.S. immigration system continues to function on multiple fronts, and the legal basis of visa categories remains intact. For those with an ongoing immigration plan, the moment requires careful technical evaluation of available options, constant monitoring of updates from the Department of State, and, when possible, exploring alternative routes that do not depend on consular processing.

The current scenario reinforces something that has always been true in immigration processes: each case is unique, technical planning makes a difference, and accurate information is the greatest asset for those seeking to build a life in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.