As we previously reported, a federal court in late August ordered the U.S. Department of State (DOS) to resume processing immigrant visa cases that had been refused solely under the now-vacated immigrant visa pause affecting nationals of 75 countries. The court also directed DOS to provide additional information regarding how it would implement the ruling.

On September 8, DOS filed its status report with the court, providing the first details about how affected cases will move forward. According to the filing, more than 43,000 immigrant visa applications may be impacted by the court's order. However, DOS confirmed that there will not be a blanket reopening of all cases. Instead, each case will be reviewed individually by a consular officer.

As part of that review process, some applicants may be required to submit updated documentation, such as a new medical examination or police certificate, while others may be asked to attend a new visa interview. The government also stated that affected cases will be reviewed under current public charge guidance, including new adjudication tools and training procedures recently implemented worldwide.

Importantly, DOS did not provide a timeline for completing review of affected cases. The agency stated that cases will be processed on a rolling basis and that immigrant visa scheduling has been delayed at many posts through September while consulates implement new procedures and training requirements.

What Happens Next?

The parties are scheduled to submit a joint status letter to the court on September 11, 2026, outlining proposed next steps in the litigation. The government's latest filing may prompt additional scrutiny from the court because it provides limited information regarding how and when affected cases will actually be reconsidered.

While DOS has now confirmed that it can identify affected applicants and has begun developing procedures for reviewing their cases, the agency has not committed to a deadline for completing reviews or rescheduling interviews. As a result, many impacted immigrant visa applicants may continue to face uncertainty in the weeks and months ahead.

What Should Affected Applicants Do?

Individuals whose immigrant visa applications were refused solely because of the immigrant visa pause should closely monitor communications from the applicable U.S. embassy or consulate.
However, because DOS has indicated that each case will be reviewed individually and not committed to a specific timeline, applicants should wait for specific instructions before submitting updated documents.

MU will continue monitoring developments in this litigation and provide updates as additional information becomes available.