Visa Restrictions: What Changed on August 21, 2026 | Law Office of Jesus Reyes, PLLC

There are two separate visa restrictions in effect in the United States. In the last few days, a federal court changed the status of only one of them, not both. On August 21, 2026, a judge vacated a specific pause that affected 75 countries. However, the broader and better-known restriction remains in effect today, August 25, 2026: the one suspending visas for nationals of 39 countries under Proclamation 10998. This article explains, as of today, what changed and what did not change. It also covers what is still being litigated.

In Brief: Visa Restrictions Today, August 25, 2026

What changed. On August 21, 2026, a federal court in New York vacated the immigrant visa pause the State Department had imposed on 75 countries over "public charge" concerns. As a result, that pause can no longer be used to deny a visa based only on nationality.
What did NOT change. Proclamation 10998, which fully or partially suspends entry and visa issuance for nationals of 39 countries, remains in effect. It is a separate restriction, with a different legal basis, and this ruling does not touch it.
A related lawsuit. In June 2026, a different court had already vacated internal USCIS policies. Those policies had paused processing of immigration benefits inside the country for people connected to these proclamations. That is a separate case, about domestic processing, not about visas at consulates.
Keep this in mind: valid visas issued before January 1, 2026, were not automatically revoked by Proclamation 10998.
This is a moving picture. The government could still appeal the August 21 ruling.

What Changed in Visa Restrictions on August 21, 2026?

The court vacated the policy the State Department announced on January 14, 2026, effective January 21, 2026. It vacated the policy on a general basis, not only for the plaintiffs in the case. That policy directed consular officers to deny immigrant visas to nationals of 75 specific countries. It did so regardless of whether an individualized review would have found the applicant qualified.

The case is Catholic Legal Immigration Network, Inc. (CLINIC), et al. v. Marco Rubio, et al., No. 1:26-cv-00858. It is before Judge Jeannette A. Vargas of the U.S. District Court for the Southern District of New York. In her Opinion and Order dated August 21, 2026, the judge found the policy contrary to law. She also found it exceeded the Secretary of State's statutory authority. As a result, she vacated it under the Administrative Procedure Act.

Important: the court also vacated any immigrant visa refusal that was based solely on that policy. It ordered those cases sent back to consular officers for a fresh, individualized review. However, it made clear this does not touch refusals that also had another valid, independent legal ground. That is true even if the consular officer also cited the vacated policy.

Which 75 Countries Were Covered by the Pause That Was Vacated?

According to the court's own order, the January 14, 2026 policy covered nationals of: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d'Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Important: this 75-country list is different from the Proclamation 10998 list explained below. Some countries appear on both lists, but each list has its own legal basis and its own status today.

Which Visa Restrictions Are Still in Effect Today?

Proclamation 10998 was not touched by this ruling. It was signed December 16, 2025, and has been in effect since 12:01 a.m. Eastern time on January 1, 2026. It fully or partially suspends entry and visa issuance for nationals of 39 countries. In addition, it covers individuals traveling on documents issued or endorsed by the Palestinian Authority.

Exactly Who Does Proclamation 10998 Apply To?

It applies to covered applicants who were outside the United States on January 1, 2026. It also applies only if they did not hold a valid visa that day. If you already held a valid visa on January 1, 2026, that visa was not automatically revoked by the proclamation.

Which Visa Restrictions Are Full Suspensions?

For covered applicants from these 19 countries, issuance of both immigrant and nonimmigrant visas remains suspended: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. The same full suspension applies to people traveling on Palestinian Authority travel documents.

Group	What it covers	Source
Full suspension (19 countries + Palestinian Authority)	Immigrant and nonimmigrant visas	Proclamation 10998, in effect since January 1, 2026
Partial suspension (19 countries)	Immigrant visas, B-1/B-2, and F, M, and J	Proclamation 10998, in effect since January 1, 2026
Turkmenistan	Immigrant visas only	Proclamation 10998, under a different rule than the rest
75-country public charge pause	Can no longer be applied: it was vacated	Southern District of New York, August 21, 2026

Verified on August 25, 2026. It was checked against the official State Department notice and against the August 21, 2026 Opinion and Order in CLINIC v. Rubio.

Which Visa Restrictions Are Partial Suspensions, and Which Visas Do They Cover?

For covered applicants from these 19 countries, the restriction applies to all immigrant visas and to B-1/B-2 visitor visas, plus F, M, and J student and exchange visas: Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe. There is also a partial exception. For other nonimmigrant visa categories that are not directly suspended, consular officers generally must reduce the validity period of the visa they issue instead.

What About Turkmenistan?

Specifically, Turkmenistan follows a different rule than the other 19 partial-suspension countries. In its case, only immigrant visas are suspended. The earlier version of this restriction did limit its nonimmigrant visas. Today, in contrast, Turkmenistan's B, F, M, and J visas are no longer restricted under Proclamation 10998.

Was My Already-Issued Visa Revoked?

No, not if your visa was already valid before the date the applicable restriction took effect: January 1, 2026, for Proclamation 10998, or January 21, 2026, for the now-vacated 75-country pause. The proclamation is clear on this point. No immigrant or nonimmigrant visa issued before January 1, 2026, is revoked solely because of the proclamation. The court said the same about the 75-country pause: on its own, it never revoked visas that had already been granted before January 21, 2026.

Careful: the fact that your visa was not revoked does not mean you can use it without reviewing your situation. Indeed, a Customs and Border Protection officer keeps its own separate authority. It can still examine anyone's admissibility at the port of entry, regardless of country of origin.

What Exceptions Exist?

These visa restrictions recognize categories of exceptions. Among them are lawful permanent residents, certain diplomatic visas, and people with dual nationality traveling on the passport of a non-restricted country. There are also other specific categories, recognized on a case-by-case basis. In addition, national-interest determinations exist, which different agencies can grant under particular circumstances.

Important: which exception, if any, applies to a specific case depends on very particular facts. It depends on the visa being requested, the exact date, the nationality, and, in some cases, recent changes compared to earlier versions of the same restriction. For that reason, there is no single list that fits every case. Instead, every situation is worth reviewing individually.

Has There Been Other Related Litigation?

Yes. In June 2026, a different federal court, in Rhode Island, vacated internal USCIS policies that had paused the processing of immigration benefit applications inside the United States for people connected to these proclamations. That case, however, is about domestic USCIS processing, not about visa issuance at consulates abroad. Proclamation 10998 itself was not invalidated by that decision.

Taken together, these rulings show an active landscape, with separate cases moving forward in separate courts and affecting separate parts of the system. That is exactly why we keep stressing that this can still change.

Can These Visa Restrictions Still Change?

Yes, these visa restrictions will likely keep changing. As of the date of this publication, there is no public indication that the government has appealed the August 21, 2026 ruling. There is also no indication that a stay of that order has been requested or granted while an appeal is pending. But the government still has time to do so. In fact, an appeal could change the outcome.

Important: this article reflects the state of this topic on August 25, 2026. If you are reading this later, check the date and look for more recent information before making any travel decision.

What Do We Recommend Doing Now?

First, identify precisely which of the two visa restrictions applies to your case. They are not the same, and they run on different dates. Second, if your country appears on Proclamation 10998's full or partial suspension list, understand that restriction remains active today. That is true regardless of the August 21 news. Third, if you were denied an immigrant visa based solely on the 75-country pause, that case may be entitled to a fresh review. And fourth, do not assume an exception applies to you just because you saw it mentioned on social media. Instead, each category has its own requirements.

In our firm, your case is reviewed in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to review your file in depth and tell you honestly what legal alternatives exist. We also offer emergency consultations, which are scheduled faster and cost more. You can schedule your consultation here.

Frequently Asked Questions About Visa Restrictions

Does the August 21, 2026 Ruling Eliminate All Visa Restrictions?

No. It only vacated the 75-country pause based on public charge concerns. Proclamation 10998, which covers 39 countries under full or partial suspension, remains in effect unchanged by this ruling.

What Is the Difference Between Full and Partial Suspension?

Full suspension covers both immigrant and nonimmigrant visas. Partial suspension, instead, covers immigrant visas, B-1/B-2 visitor visas, and F, M, and J student and exchange visas. In addition, it reduces the validity of other nonimmigrant visa categories.

What If My Country Is on Both the 75-Country List and the 39-Country List?

The 75-country pause can no longer be used against you. But if your country is also on the 39-country Proclamation 10998 list, that separate restriction still applies. It applies according to whichever category fits your case.

Does an Approved Petition or an Interview Appointment Guarantee I Will Get the Visa?

No. An approved petition or a scheduled interview does not guarantee visa issuance. Every case is reviewed individually, and the consular officer keeps the final authority to grant or deny it.

Should I Cancel a Planned Trip If My Country Is on One of These Lists?

That depends entirely on your specific situation: which visa you hold, when it was issued, and under which category you are traveling. For that reason, this is exactly the kind of decision worth reviewing in a consultation. Do that before you buy a ticket or leave the country.

Where Can I Verify This Information?

Always with official sources. At the end of this article, we link the State Department notice and the original court order. That way, you can confirm it yourself.

Conclusion on Visa Restrictions

We understand that news like the August 21, 2026 ruling brings real hope. In fact, it is genuinely good news for many families whose case was affected by the 75-country pause. But confusing it with the end of all visa restrictions can lead to the wrong travel decisions. What matters most today is understanding which of the two restrictions, if either, actually applies to you.

Do you have questions about how this affects your case? Contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.

Related: you can also read about the earlier travel restriction for Venezuelans and Cubans. You can also see how this policy started in our article on the travel restrictions announced for Haiti. And, in addition, the public charge rule that also affects immigrant visas.

See also our frequently asked questions, our services for business visitors, and the rest of our updates on our blog.

U.S. Visa Restrictions: What Changed on August 21, 2026?