The Trump administration has directed U.S. embassies and consulates worldwide to temporarily pause and reschedule immigrant visa interviews while consular officers undergo mandatory training on enhanced screening procedures, including the public charge ground of inadmissibility. This development represents a significant change for individuals pursuing U.S. permanent residence through consular processing and may result in delays for family-based, employment-based, and other immigrant visa applicants around the world.

The Pause Applies to Immigrant Visa Interviews

This pause should not be confused with a suspension of all U.S. visa interviews. Based on information currently available from the State Department, the directive applies to immigrant visa interviews – meaning, to family-sponsored and employment-based applicants seeking to obtain U.S. permanent residence through U.S. embassies and consulates. Nonimmigrant visa categories — including B-1/B-2 visitors, F-1 students, H-1B workers, L-1 intracompany transferees, and E-2 treaty investors — are not presently included in the worldwide interview pause. Applicants should nevertheless continue to monitor communications from the U.S. consular post or embassy handling their specific case, as appointment practices may vary by post.

New Training Focuses on Public Charge Review

The U.S. Department of State reportedly instituted a temporary immigrant visa interview pause to provide consular officers with additional training on screening immigrant visa applicants, with particular attention to the public charge ground of inadmissibility. Under Section 212(a)(4) of the Immigration and Nationality Act, certain applicants may be found inadmissible if the government determines that they are likely at any time to become a public charge.

Public charge determinations involve considering an applicant’s overall circumstances, including financial resources, age, health, education, skills, family circumstances, and other relevant factors, as applicable under governing law and policy. The emphasis on additional officer training might be related to the recent DHS announcement of a new final rule surrounding public charge determinations and suggests that immigrant visa applicants may encounter heightened scrutiny of financial circumstances and self-sufficiency once interviews resume.

Accordingly, the significance of the current development may extend beyond the temporary rescheduling of interviews. GT will continue to track this development, including any adjudication trends noted after consular officers complete the new training.

How Long Will the Pause Last?

The State Department has not announced a firm date by which immigrant visa interviews will resume normal operations. Reports indicate that applicants with affected appointments may have their interviews postponed or rescheduled and should receive further instructions regarding new interview dates. Some reporting suggests that the interruptions may continue into September, although applicants may not want to rely on a particular date unless confirmed by the U.S. consular post where their interview is scheduled. Individuals with upcoming immigrant visa appointments should carefully monitor their email, the relevant embassy or consulate website, and any communications received through the visa processing portal. Applicants might also avoid making non-refundable travel arrangements based solely on an existing interview date without confirming that the appointment remains scheduled. The State Department urges applicants to avoid securing U.S. travel arrangements until such time that their immigrant visa applications have been approved.

The Announcement Follows a Significant Federal Court Decision

The timing of the worldwide interview pause is particularly notable, as this directive follows closely after a federal court struck down a separate Trump administration policy that had suspended immigrant visa issuance for nationals of 75 countries. However, the two developments should not be conflated. The earlier policy imposed restrictions based on nationality, while the new interview pause is broader geographically and is being characterized as a temporary operational measure designed to allow the State Department to train consular officers on enhanced adjudication standards. Nevertheless, the developments collectively reflect the administration’s continuing effort to impose greater scrutiny on immigrant visa adjudications and legal immigration overall.

Considerations for Immigrant Visa Applicants

Applicants pursuing permanent residence through consular processing may wish to be particularly vigilant during this period.

Those applicants who previously received immigrant visa interview notifications may wish to confirm whether their appointments remain scheduled, as well as closely monitor communications from the relevant consular post. Applicants who receive notification of interview postponement should preserve all notices and follow the post’s rescheduling instructions. Applicants may also wish to use any additional time to review the financial and other documentation required in support of their applications. Given the administration’s increased focus on public charge inadmissibility, applicants should be prepared to address questions concerning their financial circumstances and ability to support themselves in the United States.

Employment-based applicants and their employers should also consider whether a prolonged consular delay might affect employment start dates, existing nonimmigrant status, international travel, or other immigration planning.

What Comes Next May Be More Important Than the Pause

While the immediate concern is the interruption of immigrant visa interviews, the longer-term significance of the announcement may be the adjudication environment applicants encounter when interviews resume. Mandatory worldwide training is an indication that the State Department expects consular officers to apply its screening policies more consistently — and potentially more rigorously — across U.S. consular posts. Applicants should consider preparing not only for a rescheduled interview, but potentially for a more demanding immigrant visa adjudication process once interviews resume. Given the rapidly evolving immigration environment, immigrant visa applicants should continue monitoring all State Department announcements and guidance from the U.S. embassy or consulate handling their cases.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.