In early 2026, the United States implemented two sweeping immigration measures that significantly restrict access to lawful migration pathways for nationals of dozens of countries. These policies have immediate and serious consequences for individuals, families, employers, and students navigating the U.S. immigration system.

 

Overview of the New Measures

Two major visa bans were issued within the past 2 months:

 

  1. A visa issuance and entry ban affecting nationals of 39 countries, effective January 1, 2026;
    1. Previous exception categories have been removed, namely immigrant visas for family members in the US.
    2. A national interest exemption does remain, at the discretion of the Attorney General, Secretary of State or Secretary of Homeland Security.
  2. An administrative suspension of immigrant visa (IV) processing for nationals of 75 countries, announced and implemented through the U.S. Department of State.
    1. Consular posts have been instructed to continue scheduled interviews but to ultimately deny IVs on the basis of INA 221(g).
    2. The rationale behind this “pause” is a propensity for nationals of the covered countries to become public charges (dependent on government assistance), although no data or evidence has been cited for this claim.

 

Although distinct in legal form, both measures exemplify a trend toward broad, nationality-based assumptions and restrictions rather than relying on long-standing individualized adjudication, resulting in delayed or denied visas, prolonged family separation, and increased uncertainty for those seeking to enter or reunite with families in the United States lawfully.

 

Why These Policies Matter

For many applicants, this means:

  • Family-based immigrant visas placed on indefinite hold
  • Inability to access humanitarian protection pathways
  • Disrupted employment, education, and travel plans
  • Limited transparency and few procedural safeguards

These policies also raise serious concerns under international human rights standards related to non-discrimination, family unity, and access to protection.

 

What Affected Individuals Can Do

If you or a family member may be impacted by these measures, timely legal advice is critical. Options may include:

  • Assessing eligibility for exemptions, waivers, or alternative visa categories
  • Preserving priority dates and documentation during processing suspensions
  • Strategically canceling or going forward with interviews in anticipation of administrative processing
  • Exploring humanitarian, employment-based, or third-country strategies
  • Preparing for potential litigation or policy changes

 

Each case is fact-specific, and outcomes can vary based on nationality, visa type, and individual circumstances.

 

Our Firm’s Approach

At Gray Whale Law we closely monitor policy developments and their legal implications. We work with individuals, families, and organizations to:

  • Provide clear, up-to-date guidance
  • Identify viable legal pathways despite restrictions
  • Advocate for clients affected by sudden policy shifts

Speak With an Immigration Attorney

If you are concerned about how the 2026 visa restrictions may affect you or your loved ones, we encourage you to seek legal counsel as soon as possible. Early planning can make a meaningful difference in protecting your rights and future options.