Immigrant Visa Pause Tests Employers, but Some Doors Remain Open

The US government has paused immigrant visa processing for nationals from 75 countries, effective Jan. 21, presenting significant challenges for employers that rely on global talent.

Companies that proactively assess how the pause may affect their workforce will be better positioned to manage risk and reduce disruption. At this moment, there is no defined timeline for when processing will resume.

Scope of Pause

• The pause applies only to immigrant visas that require a consular interview at a US embassy or consulate abroad and only to individuals whose sole citizenship is in one of the 75 listed countries.
• For affected individuals pursuing consular processing, the pause is broad. Even cases where the interview has occurred (but the visa hasn’t yet been issued) must be refused under current guidance.
• The pause doesn’t impact employees completing permanent residence from within the US through adjustment of status, nor does it affect temporary work visas such as H-1B, L-1, or O-1. Individuals who hold dual citizenship, including a passport from a non-listed country, also aren’t subject to the pause.

There is no announced timeline. Employers should plan as if this change will last for the foreseeable future and build that assumption into workforce planning. Treat this as a long-term shift rather than a brief delay.

Immediate Next Steps

Identify who is affected. Employers should make a list of all employees who are sole citizens of the listed countries and review where each of their immigration cases stand today. Note whether an I-140 is approved, whether the case is at the National Visa Center, or whether an interview has already taken place.

Triage pending consular cases. Employers should evaluate whether affected employees whose cases are on hold—including those awaiting interviews or pending visa issuance after interview—can transition to adjustment of status to a permanent resident in the US or extend their current nonimmigrant status to maintain work authorization.

Revisit sponsorship strategy for employees not yet in the green card process. Because consular processing isn’t available for those covered by the pause, future green card cases likely will need to proceed via adjustment of status, which requires the employee to maintain valid nonimmigrant status and remain in the US.

Seek Alternative Paths

If an employee is already in the US in a valid nonimmigrant status, employers may be able to file an adjustment of status even if the prior I-140 asked for consular processing. This avoids the suspended consular interview step altogether, though eligibility varies by person.

If an employee can only complete a green card through consular processing, they will face indefinite delays. In these cases, employers should prioritize timely extensions of H-1B, L-1, or other nonimmigrant status to keep them working. Start early—US Citizenship and Immigration Services processing times can be long, and filing in advance is necessary to preserve continuity.

For H-1B employees nearing their six-year limit, an approved I-140 can allow extensions beyond that cap, but only if the green card process was started early enough to qualify.

Create Redundancy

Employers should avoid relying on a single visa category. They should check whether employees in H-1B status could qualify for O-1 “extraordinary ability.” O-1 doesn’t have an annual cap or a fixed maximum stay, and it can bridge time if H-1B years are running out while green card options are delayed. It’s recommended that employers review evidence now to see who may qualify.

Employers also may consider starting or accelerating permanent labor certification, or PERM, for employees who haven’t begun the green card process. Although completing PERM won’t yield an immediate green card, it allows employers file an I-140 and—with an approved I-140 and a priority date—extend H-1B status beyond the six-year limit. This will buy time until the pause lifts or an adjustment of status becomes available.

For multinationals, L-1 intracompany transfers can provide a parallel track. Employees who worked abroad for a related company for at least one year may qualify for L-1A or L-1B, even if they first came to the US in H-1B status. L-1 status isn’t capped annually, and L-1A managers may be eligible for EB-1C green cards, which historically have had shorter backlogs. This can be especially helpful for those running out of time in their current status.

Communicate With Employees

Companies are encouraged to have an open dialog with their employees regarding their sponsorship plans and steps the company is taking to protect each employee’s status. By opening the lines of communication, employers will help alleviate anxiety and ideally improve overall performance and retention.

Outlook

Companies that treat immigration as a strategic part of workforce planning—by acting early, documenting carefully, and pursuing alternative legal paths—will be better positioned to maintain continuity in this uncertain environment.

Those who wait may unfortunately lose valued employees before exhausting all options.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Rachel Magaziner is an associate with Munsch Hardt and provides strategic counsel on all aspects of US employment-based immigration law.

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