As a follow-up to our recent Vialto Alert regarding a federal court decision vacating the State Department’s 75-country immigrant visa policy, the Trump administration has reportedly begun rescheduling immigrant visa appointments at U.S. embassies and consulates worldwide. Reported disruptions appear to affect employment-based, family-based, and humanitarian immigrant visa applicants processing immigrant visas abroad, regardless of nationality. Applicants with scheduled interviews may receive notices that their appointments have been postponed or rescheduled. The Department of State has not announced when normal scheduling will resume. Nonimmigrant visa processing, including H-1B and L-1 visa applications, is not reported to be affected.
As discussed in our earlier Alert, the U.S. District Court for the Southern District of New York recently vacated the administration’s policy directing consular officers to suspend immigrant visa issuance to applicants from 75 designated countries. The court concluded that the policy exceeded the Secretary of State’s statutory authority and conflicted with provisions of the Immigration and Nationality Act governing immigrant visa adjudications. The court’s ruling focused on unlawful nationality-based restrictions and the statutory role of consular officers in visa decision-making. It did not invalidate the public charge ground of inadmissibility itself.
Shortly after that decision, the Department of State indicated that it had launched a “global training initiative” at U.S. embassies and consulates worldwide. According to a Department spokesperson as reported in the media and confirmed by individual immigration practitioners, immigrant visa appointments are being cancelled to accommodate the training, which is reportedly intended to ensure that consular officers evaluate applicants “comprehensively and consistently” and properly assess public charge issues under existing law.
Importantly, the Department has not publicly released a cable, policy memorandum, or formal notice identifying affected posts or explaining the operational details of the scheduling changes. Current information is derived principally from Department spokesperson statements as reported in the media and reports from practitioners whose clients’ interviews have reportedly been cancelled with no new rescheduled dates. Some applicants have apparently received communications advising that previously scheduled interviews are being rescheduled and that new appointment dates will be provided later.
Until additional guidance is provided, employers sponsoring foreign nationals through consular processing and applicants awaiting immigrant visa interviews should anticipate potential delays, monitor communications from the responsible embassy or consulate, and consider contingency planning where travel, onboarding, relocation, or family reunification timelines may be affected.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Angelo Paparelli
Partner, Vialto Law (US) LLP
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