What changed on 28 August

The Department of State's official page now states that the January pause is no longer in effect following the court order in CLINIC v Rubio. Applicants may submit documents, attend interviews and receive a decision without that general nationality-based bar.

The update does not remove the ordinary admissibility, public-charge, documentary and category-specific requirements.

What this means for EB-1A and NIW

For EB-1A and EB-2 NIW applicants completing the process through a consulate, a distinct barrier at the final visa-issuance stage has been removed. I-140 approval, visa-number availability and the consular decision remain separate stages.

Before relying on a relocation date, applicants should confirm the interview location, available appointments and the operation of the selected consular post. A general Department of State announcement does not create the same timetable for every embassy or case.

The Samotsvet view

This is a material improvement for Russian applicants, but it does not mean that every part of the process has restarted automatically. We would not change category or rebuild an evidence record because of this news alone: the first step is to identify the stage of the particular matter and the barrier that remains.

Consular processing can again be treated as a working scenario for new matters, with time allowed for operational delay and a contingency where appropriate. For approved petitions, the priority is to check the NVC position, consular post and financial evidence.

Primary sources

Official documents for “The Department of State has lifted the general immigrant-visa pause for Russian nationals”

Check the publication date, the legal status of the document and the version in force on the relevant filing date.

Department of State - immigrant-visa issuance updateCLINIC v Rubio - case materialsDepartment of State - place of immigrant-visa interview