A New York district court ruling on August 21 that lifted the suspension of immigrant visa issuance for citizens of 75 countries restores legal logic to the visa process. PR specialist and project manager at UPROAD Agency Angelina Kim, who handles cases of highly qualified professionals (EB-1, EB-2 NIW, O-1), told us how the verdict will affect Kazakhstanis and what applicants should prepare for right now... reports infohub.kz.
The court's decision took effect immediately and legally voided the restrictions. Nevertheless, the expert urges not to expect immediate changes in consulate operations.
Meanwhile, filing applications for immigrant visas (IR, CR, EB, etc.) is possible and necessary. Submitting initial petition approval stages was possible even during the ban — the main difficulties arose at the final stage of visa issuance at the consulate.
Since the verdict was issued late last week, the State Department and US embassies in Kazakhstan have not yet updated official instructions on their resources. A transition period is underway. The court itself annulled denials issued solely due to the January 21 ban. However, there is no clear regulation yet on whether the consulate will review cases automatically or require a new application.
The rights-affirming verdict does not preclude retaliatory steps by the US administration. The government has the right to appeal the court's decision within two months.
"An appeal is possible, and during the proceedings the decision may be either stayed or left in force. The general logic of US authorities is clear — to control the financial self-sufficiency of entrants. It is possible that restriction attempts will continue, but in the form of strict individual checks of each applicant's income. Therefore, it is now critical to follow official State Department announcements and consult with specialized lawyers, rather than rely on social media rumors," the expert summarizes.
The lifting of the ban applies to those obtaining immigrant visas through consular sections outside the US. The procedure for changing status (Adjustment of Status) within the country through USCIS was not directly affected by these restrictions initially.
The restriction, imposed by the US State Department on January 21, 2026, was justified by risks that migrants could become a financial burden on the state. However, in practice, the mechanism worked as an automatic filter based on passport nationality.
"The main contradiction was that they assessed not the person but their citizenship. Even if an applicant had high income, savings, and confirmed professional achievements, they could be denied solely because of their country of origin. This looked especially controversial for professional categories (EB-1, EB-2 NIW) and investors (EB-5), who by definition come to benefit the US economy. The court overturned this approach, confirming that each case must be considered individually," notes Angelina Kim.
Earlier, US President Donald Trump stated that Central Asian countries had long not received due attention from Washington, but now the situation will change.