Are H-1B Visas Affected by the 75-Country Immigration Pause?

(UNITED STATES) — U.S. employers sponsoring foreign talent for H-1B visas in FY 2027 should separate two issues immediately: a new 75 countries-based immigrant visa processing pause, and the employer’s ongoing H-1B compliance duties under USCIS and DOL rules.

The State Department announced on January 14, 2026 an indefinite pause on certain immigrant visa cases for nationals of 75 countries, effective January 21, 2026. That pause targets permanent residence processing at consulates. It does not pause H-1B petitions filed with USCIS.

It also does not generally stop nonimmigrant visa categories, including H-1B, from being scheduled and issued. Employers still face H-1B-specific rules, including heightened vetting and a separate late-2025 supplemental fee policy that can affect visa issuance and entry planning.

📅 Key Date: The State Department’s immigrant-visa processing pause was announced Jan. 14, 2026 and becomes effective Jan. 21, 2026.

1) Overview: what the 75-country immigrant-visa pause covers, and what it does not

This policy is about immigrant visas, not H-1B petitions. Immigrant visas lead to lawful permanent residence after entry. They include family-based and employment-based immigrant visas processed at U.S. consulates.

For affected nationals, the practical impact is at the consular stage. Many posts will stop scheduling, interviewing, or issuing immigrant visas, if the case falls within the pause. That can disrupt start dates for hires awaiting immigrant visa issuance abroad.

Nonimmigrant visas are different. Nonimmigrant visas support temporary intent categories, including H-1B, L-1, O-1, F-1, J-1, and B-1/B-2. The announced immigrant-visa pause does not, by itself, shut down those categories.

Immediate employer action is triage. Confirm which pipeline your worker is in, and where the case is located.

• Consular immigrant visa processing: likely affected for certain nationals.
• USCIS-based petitions inside the U.S.: not the same system, and generally not impacted by a consular immigrant-visa pause.

2) H-1B status and related restrictions employers must still evaluate

The immigrant-visa halt does not directly pause H-1B cases. Employers should still expect more scrutiny at three separate points in the H-1B lifecycle.

• USCIS petition adjudication (Form I-129).
• Visa stamping at a consulate, if the worker travels.
• Admission at a port of entry, where CBP can ask detailed questions.

This matters for FY 2027 cap hiring. FY 2027 cap cases typically follow this pattern: registration in March 2026, filing from April through June 2026, and start dates on October 1, 2026.

The separate H-1B risk area is not the immigrant-visa pause. It is the combination of proclamations, vetting directives, and fee policies that can affect visa issuance and entry. One reported policy is a $100,000 supplemental fee, effective in late 2025, tied to certain H-1B petitions or entry scenarios. Employers should treat this as an advance budgeting and strategy issue.

Use a simple exposure check before you set onboarding dates.

• Is the worker inside the U.S. and eligible for change of status or extension with USCIS?
• Or will the worker need consular stamping abroad after approval?
• Is the case cap-subject, cap-exempt, or an amendment?
• Is the employer in any category that triggers special fees or attestations?

Employers should keep these records ready for the employee’s travel packet and compliance file.

• Certified LCA and the full LCA posting evidence.
• The H-1B petition copy and I-797 receipt or approval notice.
• Detailed offer letter, worksite address list, and reporting chain.
• Current and prior immigration documents, if the worker is already in the U.S.
• If consular: DS-160 confirmation, appointment confirmation, and prior visa history.

⚠️ Employer Alert: Do not promise an October 1 start based only on selection. Plan for RFEs, stamping delays, and travel limits after approval.

3) Affected countries: what “75 countries” means in practice

Employers are seeing headlines referencing 75 countries, often tied to internal cables or media reporting. The compliance move is to treat unofficial lists as nonfinal until a .gov publication or post-specific notice confirms scope.

Some reporting has named example countries. Examples mentioned in public reporting include Somalia, Haiti, Iran, and Eritrea, among others. Other reports list Afghanistan, Brazil, Colombia, Cuba, Egypt, Iraq, Nigeria, Pakistan, Russia, Thailand, and Yemen. These examples may change, and they may not be complete.

Nationality-based measures generally track passport nationality, not current residence. This creates real edge cases.

• Dual nationals may have options, but facts matter.
• Third-country processing may still be restricted by nationality rules.
• “Country of chargeability” concepts in immigrant visas do not always map to nonimmigrant issuance.

For employers, the safest workflow is confirmation at the post level. Check the U.S. embassy or consulate website where stamping is planned. Then confirm any restriction language in official State Department updates.

4) Operational impacts for employers and workers

The immediate operational consequence of an immigrant-visa pause is interview disruption. Consulates may cancel or stop scheduling immigrant visa interviews for affected nationals. Some cases will sit indefinitely.

For employers, that can cause long gaps between offer acceptance and work authorization. It also shifts more hiring pressure toward nonimmigrant options, including H-1B, L-1, and O-1, when eligible.

• Appointment backlogs can grow as posts reallocate capacity.
• Screening may take longer for certain applicants.
• Administrative processing can increase after interviews.

The stated rationale in public statements has referenced public benefits concerns. That posture can influence questioning and document requests across visa types.

Tourist and business travel is generally described as remaining open. Still, the practical constraint is appointment availability and screening pace. Employers planning business travel for foreign national staff should expect longer lead times.

5) Employer guide: step-by-step H-1B sponsorship for FY 2027

This is the core employer obligation: file a truthful case and then comply with the wage and worksite terms for the full H-1B period. Most H-1B failures are compliance failures, not lottery failures.

Step 1: Confirm the role qualifies as a specialty occupation

You need a role that normally requires a bachelor’s degree in a specific specialty. Your job description must match that reality.

Avoid broad, generic postings. Tie duties to tools, systems, and deliverables. Match the degree field to the duties.

Step 2: Set the worksite strategy and wage level early

Worksite drives wage. Remote and hybrid work requires careful address tracking. Each material worksite change may trigger a new LCA and an amended petition.

Use the DOL wage levels as a credibility check.

Level I cases have faced more USCIS questioning, especially for complex roles.

Step 3: File the Labor Condition Application (LCA)

The LCA is filed with DOL, not USCIS. It is the employer’s wage-and-conditions attestation.

LCA obligations include three areas.

• Prevailing wage and actual wage
  You must pay the higher of the prevailing wage for the SOC and area, or the actual wage paid to similar workers.
• Working conditions
  You must provide working conditions that will not adversely affect similarly employed U.S. workers.
• Posting and notice
  You must post notice at the worksite, or provide electronic notice, for the required period. Keep proof in the Public Access File.

Step 4: Register for the H-1B cap, then file the petition after selection

FY 2027 cap steps typically follow this timeline.

Selection allows filing. It does not grant work authorization.

Step 5: Build the petition package with role, wage, and worksite evidence

USCIS looks for internal consistency across the job description, SOC code, wage level, degree field, and work location.

Third-party placements require extra documentation. End-client letters and itineraries often drive RFEs.

Required documentation checklist

Employers should plan to gather these items early.

From the employer

• Offer letter with title, duties, salary, and worksite addresses.
• Detailed job description tied to specialty degree requirements.
• Certified LCA and posting proof for the Public Access File.
• Company support letter and organizational chart for the role.
• Evidence of business operations and ability to pay wage.

From the employee

• Passport biographic page and immigration history.
• Degree documents, transcripts, and evaluations if needed.
• Resume, prior experience letters, and relevant licenses.
• Current I-94 and status documents, if in the U.S.

H-1B fee breakdown employers must budget

A separate late-2025 policy has described a supplemental fee amount of $100,000 for certain cases. Treat it as a risk item for budgeting and travel planning.

Premium processing and realistic timelines

Premium processing can shorten the USCIS decision timeline, but it does not control consular appointment backlogs. It also does not guarantee visa issuance or entry speed.

Use premium when start dates are fixed, or when travel is unavoidable. Avoid premium as a substitute for weak job or wage alignment.

⏰ Deadline: For FY 2027 cap cases, most employers must be ready before March 2026 registration opens. LCA and role design should start in January.

6) Common H-1B compliance violations and penalties

Most employer exposure arises after approval.

• Underpaying the required wage, including after bonuses drop.
• Worksite changes without a new LCA or amended petition.
• Benching without pay in nonproductive status.
• Misstated job duties that do not match the filed position.
• Missing Public Access File items, including posting proof.

Penalties can include back wages, civil fines, debarment from programs, and petition revocations. Employees can also face status problems if employment ends or changes are mishandled.

Official sources to monitor for this developing policy environment

For the 75-country immigrant-visa processing pause, start with State Department consular updates and the specific embassy or consulate handling the case. Watch for official FAQs and appointment notices.

For H-1B, use USCIS pages for cap season announcements, forms, and filing addresses. Use DOL sources for LCA rules and wage data.

Use .gov pages to confirm any leaked list, cable summary, or social media quote. Treat post-specific notices as controlling for appointment operations.

Employers should take two actions this week. Inventory which hires rely on immigrant visa processing, and separate them from H-1B onboarding plans. Employees should confirm whether they need consular stamping, and keep a complete travel and petition document set ready by March 2026.

📋 Official Resources:

• H-1B Program: uscis.gov/h-1b-specialty-occupations
• Cap Season: uscis.gov/h-1b-cap-season
• Prevailing Wages: flcdatacenter.com