The U.S. Department of State (DOS) has updated its position on two major immigrant visa policies that were challenged in federal court in 2026: the Diversity Visa (DV) issuance pause announced in December 2025 and the immigrant visa issuance pause affecting nationals of 75 countries announced in January 2026.
DOS subsequently acknowledged that both pauses were no longer in effect following federal court orders. On September 10, 2026, DOS issued an official cable, 26 STATE 88862, instructing U.S. embassies and consulates to immediately resume processing and issuance of immigrant visas and Diversity Visas. The current situation therefore differs materially from the earlier period in which immigrant visa issuance and processing were broadly paused. Practitioners should nevertheless verify operational status with the relevant consular post because implementation of updated instructions can vary by location.
Diversity Visa Pause and Court-Ordered Developments
On December 23, 2025, DOS announced that it had stopped issuing Diversity Visas to DV applicants. Applicants could continue submitting applications and attending interviews under the guidance then in effect.
On August 28, 2026, the U.S. District Court order in Medani v. Trump resulted in the termination of the December 2025 DV issuance pause. On August 31, DOS announced that, consistent with the court order, the prior pause was no longer in effect.
The subsequent September 10 DOS cable is particularly important because it instructed U.S. embassies and consulates to resume processing and issuance of both immigrant visas and Diversity Visas immediately.
Why DV-2026 Cases Remain Extremely Time-Sensitive
Although the DV issuance pause was lifted, DV-2026 cases remain subject to a statutory fiscal-year deadline. The Department of State’s September 2026 Visa Bulletin states that entitlement to DV-2026 immigrant status ends on September 30, 2026, and that DV-2026 visas cannot be issued after that date.
The Department of State’s DV-2026 guidance similarly states that selectees who do not receive a visa or adjustment of status by September 30, 2026, receive no further benefit from their DV-2026 registration. Derivative spouses and children are subject to the same fiscal-year limitation.
This makes the remaining days of September especially important for DV-2026 selectees whose cases are otherwise eligible for issuance. Applicants should continue completing any outstanding requirements and promptly respond to requests from the relevant embassy, consulate, or U.S. government agency.
75-Country Immigrant Visa Pause
On January 14, 2026, DOS announced that, beginning January 21, 2026, it would pause immigrant visa processing for nationals of 75 countries. The policy affected immigrant visa applicants seeking permanent residence through consular processing. Applicants could continue submitting applications and attending interviews, but immigrant visas generally would not be issued while the pause remained in effect.
The policy was subsequently challenged in federal court. On August 21, 2026, the U.S. District Court for the Southern District of New York issued a decision in Catholic Legal Immigration Network, Inc. v. Rubio, No. 26-CV-00858, vacating the 75-country policy. On August 28, DOS announced that, in compliance with the court order, the pause was no longer in effect as of August 21.
The legal end of the 75-country pause, however, was followed by operational disruption at consular posts. Reporting in early September described changes to immigrant visa appointments while DOS implemented updated training and screening procedures. Those developments occurred before the September 10 cable directing missions to resume immigrant visa processing and issuance.
September 10, 2026 DOS Cable: Resumption of Processing and Issuance
The most significant subsequent development is DOS cable 26 STATE 88862, issued September 10, 2026. According to the publicly available AILA summary of the cable, DOS instructed all U.S. embassies and consulates to immediately resume processing and issuance of immigrant visas and Diversity Visas.
This instruction provides important clarification following the court decisions. The earlier pauses are no longer the operative basis for stopping immigrant visa or Diversity Visa issuance. Cases should therefore be evaluated under the applicable immigration law, visa category requirements, current DOS guidance, and any other restrictions that independently apply.
Operational implementation may still require applicants and practitioners to communicate directly with the relevant consular post. Appointment scheduling, interview availability, document requests, administrative processing, and local procedures can differ by post.
What the Court Decisions and DOS Guidance Mean for Applicants
The end of the two pauses does not mean that every immigrant visa case will result in immediate issuance. Applicants must still satisfy the eligibility requirements for the applicable immigrant visa category and may remain subject to other grounds of visa ineligibility, inadmissibility, administrative processing, or security-related review.
For applicants whose cases were previously delayed under either policy, the next step may depend on the status of the case. Some applicants may need a previously postponed interview to be rescheduled, while others may already have an active case awaiting document review, interview completion, or a final adjudication.
Applicants should avoid assuming that the court rulings automatically complete any outstanding procedural step. Instead, they should confirm the current status of their case with the appropriate consular post and follow the latest instructions provided by DOS.
Practical Steps for Immigration Practitioners
Practitioners representing clients affected by either pause should consider the following steps:
- 1. Contact the relevant consular post. Use the embassy or consulate’s official inquiry channel, Navigator system, or other designated mechanism to request an update and confirm whether the case can proceed under the current DOS guidance. Keep copies of all inquiries and responses.
- 2. Confirm whether an interview must be rescheduled. If an interview was postponed during the period of global operational disruption, determine whether the post has automatically rescheduled it or whether the applicant must request a new appointment.
- 3. Prioritize DV-2026 cases. Because DV-2026 eligibility ends on September 30, 2026, selectees should address outstanding document, medical, interview, and eligibility requirements without delay.
- 4. Preserve the case history. Keep refusal notices, appointment cancellation or postponement notices, correspondence, and other records showing whether a case was affected by one of the now-vacated policies. This may help establish the procedural history if additional follow-up is necessary.
- 5. Consider congressional assistance when appropriate. For time-sensitive cases in which a consular post has not responded or a case appears to remain improperly delayed, practitioners may consider requesting assistance from the applicant’s or petitioner’s congressional representative. Congressional inquiries do not guarantee visa issuance but may help obtain case-status information.
- 6. Monitor official DOS updates. Consular procedures can change quickly. Practitioners should review current DOS guidance and confirm post-specific procedures before advising a client that an interview or visa issuance is assured.
Key Takeaways
- The December 2025 Diversity Visa issuance pause is no longer in effect following the Medani v. Trump litigation and DOS’s August 31, 2026 announcement.
- The January 2026 immigrant visa pause for nationals of 75 countries was vacated by a federal court, and DOS acknowledged on August 28 that the pause was no longer in effect.
- On September 10, 2026, DOS instructed U.S. embassies and consulates to immediately resume processing and issuance of immigrant visas and Diversity Visas.
- DV-2026 remains subject to the September 30, 2026 fiscal-year deadline. DV-2026 visas cannot be issued after that date.
- The lifting of the pauses does not eliminate other visa eligibility, inadmissibility, administrative-processing, or security requirements that may apply to an individual case.
- Applicants and practitioners should confirm case-specific procedures directly with the relevant U.S. embassy or consulate.
Conclusion
The legal and operational landscape surrounding U.S. immigrant visa processing has changed significantly since the Diversity Visa and 75-country immigrant visa pauses were introduced. Federal court decisions removed the legal basis for those two pauses, and DOS subsequently issued guidance acknowledging that they were no longer in effect.
The September 10, 2026 DOS cable provides the clearest current operational direction by instructing U.S. embassies and consulates to resume processing and issuance of immigrant visas and Diversity Visas. For DV-2026 selectees, the September 30 fiscal-year deadline makes immediate action particularly important.
At the same time, resumption of processing does not eliminate the normal requirements for visa eligibility or guarantee immediate issuance. Applicants should continue to monitor their cases, complete all outstanding requirements, and follow instructions from the relevant consular post.
Immigration Fleet Law Firm