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US ends 75-country immigrant visa pause after court order — India was never listed

State Dept says its January pause on immigrant visas for 75 countries ended on 21 August after a court vacated it. India was never on the list.

By Sergei PolinPublished Updated

Sergei Polin traces every visa fee to the official source and dates it.

The US State Department confirmed on 28 August 2026 that its January pause on immigrant visa issuance for nationals of 75 countries ended on 21 August, after a federal court vacated it in CLINIC v. Rubio. India was never on the 75-country list, and tourist visas were never covered by the measure.

In this guide4 sections

What exactly did the State Department confirm?#

Its visas-news page, last updated 28 August 2026, now opens with a single line: "As of August 21, 2026, in accordance with the Court's order in CLINIC et al. v. Rubio, et al., the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect." The pause took effect on 21 January 2026 and ran seven months. The same page says the department is still "undergoing a full review of all screening and vetting policies" on public-charge grounds, so the policy driving the pause has not gone away — only this particular blanket version of it.

Is India on the 75-country list?#

No. The published list runs from Afghanistan to Yemen across 75 entries and does not include India. It does name several countries in India's immediate region — Afghanistan, Bangladesh, Bhutan, Burma, Nepal and Pakistan — plus Thailand. That distinction matters for mixed-nationality families in India: a spouse or parent holding one of those passports was affected, an Indian passport holder was not. Dual nationals applying on a passport from an unlisted country were exempt throughout.

Does this change anything for Indian tourist visa applicants?#

Nothing at all, and it never did. The department's own FAQ states plainly that "this pause is specifically for immigrant visa applicants. Tourist visas are nonimmigrant visas and are not affected." Indians queueing for B1/B2 interviews were outside its scope. The categories where India faces real pressure are the employment- and family-based queues, where per-country limits — not this ban — drive the September 2026 Visa Bulletin cut-offs.

How does this relate to the worldwide interview pause?#

The two are being argued as one thing in court. On 26 August 2026 the plaintiffs filed an emergency motion asking Judge Vargas to enforce her order, contending that the globally reported pause on immigrant visa appointments is the struck-down ban operating under a training-programme label. We rechecked travel.state.gov, state.gov press releases and the Federal Register on 30 August 2026: there is still no official notice about that wider pause, and no resumption date.

VisaGyan is an independent journal, not affiliated with the US government. Facts here are taken from the State Department's own visas-news page as published on 28 August 2026 and from court filings — verify your own case status at ustraveldocs.com before making travel plans.

Frequently asked questions

Was India ever on the 75-country immigrant visa pause list?
No. The State Department publishes the full list on its own visas-news page, and it runs alphabetically from Afghanistan to Yemen without India. Several countries in India's immediate region were on it — Afghanistan, Bangladesh, Bhutan, Burma, Nepal and Pakistan — along with Thailand, which matters for Indian families with relatives holding those passports.
Does this affect Indians applying for a US tourist or business visa?
No. The State Department answers this directly in its own FAQ on the page: the pause applied specifically to immigrant visa applicants, and tourist visas are nonimmigrant visas that were never affected. B1/B2 applicants in India were outside the scope of this measure from the start.
What exactly did the court decide, and when?
On 21 August 2026 Judge Jeannette A. Vargas of the US District Court for the Southern District of New York vacated the policy in CLINIC v. Rubio, case number 1:26-cv-00858, finding that a blanket nationality-based suspension exceeded the Secretary of State's statutory authority and conflicted with the Immigration and Nationality Act. The State Department was ordered to resume issuance and reconsider refusals based solely on the ban.
Is this the same thing as the worldwide interview pause reported in late August?
They are separate measures, but the litigants say they are connected. On 26 August 2026 the plaintiffs filed an emergency motion asking the court to enforce its order, arguing that the reported global pause on immigrant visa appointments is the vacated ban continuing under a different name. The State Department has not published a notice about that wider pause.