DOS “Freeze” on Immigrant Visa Issuance Starting Jan 21, 2026: What It Means for EB‑3 Applicants in Southeast Asia
- Richelle Mayor
- 17 hours ago
- 6 min read
A Department of State “freeze” headline can sound like immigration has stopped. In practice, these actions are usually narrower: they affect specific nationals, at specific stages, under specific rules—often on the consular (visa issuance) side.
Below is a plain-language breakdown of the reported Jan 21, 2026 DOS pause and a stage-by-stage planning framework for EB‑3 applicants in Southeast Asia.
Key takeaways
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What The Reported Dos Directive Says
The Department of State (DOS) has announced a directive that would freeze immigrant visa processing/issuance for nationals of 75 countries, citing concerns about applicants potentially becoming a public charge (i.e., needing government financial assistance after entry).
What this is (as described)
A consular directive instructing DOS consular officers to pause immigrant visa applications under existing laws.
The suspension is scheduled to start January 21, 2026.
It affects immigrant visas for nationals of listed countries.
What this is not (as described)
It does not affect nonimmigrant visas, including B-1/B-2, L-1, F/J, and E-1/E-2 categories.
It does not revoke immigrant visas already issued (the excerpt states none have been revoked as part of the guidance).
Important precision: It contains two statements that matter operationally: (1) interviews may still occur, and (2) no immigrant visas will be issued to affected nationals during the pause. That implies the “freeze” is functionally an issuance/approval hold at the consular end, even if the appointment machinery continues moving.
Why this matters for EB‑3: EB‑3 is not one system
EB‑3 is an employment-based immigrant category. For applicants outside the U.S., it commonly ends with consular processing—which is where DOS controls the final “visa issuance” outcome.
Two Lanes You Must Separate
Lane A — Petition lane (often DOL + USCIS):
Employer sponsorship setup
PERM Labor Certification (often Department of Labor)
I‑140 Immigrant Petition (USCIS)
Lane B — Visa issuance lane (DOS):
National Visa Center (NVC) processing
Embassy interview
Immigrant visa issuance (the actual visa placed in the passport)
A DOS pause described as “no immigrant visas will be issued” primarily impacts Lane B. It may not stop PERM or I‑140 work, but it can prevent the last step—getting the immigrant visa issued—for affected nationals during the pause.
Who Is Affected And Who Isn’t?
The excerpt lists 75 countries and explicitly notes the East/Southeast Asian countries included:
Cambodia
Laos
Thailand
If you are a national of one of these listed countries and you need consular issuance of an immigrant visa, the excerpt suggests you could be impacted.
Notably not included (as stated)
The excerpt calls out that several countries are not included, including:
Philippines
Indonesia
Vietnam
Taiwan
China
Planning implication: Many Southeast Asian EB‑3 applicants (e.g., Philippines, Vietnam, Indonesia) may not be directly impacted by nationality-based issuance pauses described here—assuming the final directive matches the excerpt and no later updates expand scope.
Dual nationality exemption
Dual nationals applying with a valid passport of a country not listed are exempt.
This is potentially significant, but it’s also an area where details matter (which passport is used, how nationality is evaluated in consular processing, and any procedural requirements). This should be confirmed with licensed counsel for your specific case.
The practical impact by EB‑3 stage (what changes, what doesn’t)
If you are pre‑PERM / pre‑I‑140 (early stage)
Likely impact: Indirect.
The reported pause is about DOS issuance; you are not there yet.
Your biggest risk is making fear-based decisions—choosing a questionable intermediary or paying for “guaranteed” outcomes.
What to do now:
Invest in document readiness and eligibility clarity.
Validate any claims about “freezes” against official updates as the date approaches.
If PERM / I‑140 is in progress
Likely impact: Moderate planning impact, not necessarily a stop.
You can usually still progress the petition lane.
But if you’re from an affected country, you should plan for potential delays at issuance later.
What to do now:
Keep filings and evidence clean to avoid rework.
Build a delayed-case scenario into your family and financial planning.
If you are at NVC / interview scheduled / post-interview
Likely impact: High, if you are a national of an affected country.It states:
Applicants may submit applications and attend interviews
DOS may continue scheduling appointments
But no immigrant visas will be issued during the pause
What to do now:
Avoid irreversible moves (resignations, school transfers, property sales) based on interview scheduling alone.
Track document validity: delays can force re-collection of police certificates and other time-sensitive items.
Plan for the possibility that an interview outcome does not translate into an issued visa until the pause ends or rules change.
What “Public Charge” Framing Usually Signals (And What Not To Assume)
It cites concern that citizens from affected countries might become a public charge.
Plain-language meaning
“Public charge” is a concept used in U.S. immigration policy relating to whether someone is likely to depend on certain forms of government assistance.
What you should not assume
Do not assume this automatically changes EB‑3 eligibility rules broadly.
Do not assume you can “pay more” to overcome it.
Do not assume a consultant can “fix” public charge concerns with shortcuts.
Operator approach: Treat it as a policy risk that could shape consular issuance decisions—then plan conservatively until official implementation details are fully clear.
Decision Guidance: When This Is The Right Move Vs. When To Avoid It
When continuing EB‑3 preparation can be the right move
You are not from a listed country, or your case is early and you can build readiness while monitoring updates.
You can tolerate timeline uncertainty and plan with buffers.
You’re working with a compliance-first process, not a “fast-track” pitch.
When you should pause major commitments
You are a national of a listed country and are near the consular issuance phase.
Your plan depends on a fixed date (school, caregiving, job resignation).
Someone is pressuring you to pay quickly to “beat the freeze,” especially close to the reported start date.
Anti-Scam Lens: What Gets Worse When Freezes Are Announced
This kind of announcement tends to create a predictable spike in manipulation.
Red flags to treat as stop signs
“We can guarantee issuance even during the pause.”
“We have embassy connections.”
“Pay now to secure your immigrant visa before Jan 21, 2026.”
“We’ll switch your nationality/paperwork” (without lawful basis and licensed guidance).
“No need for documents—just pay.”
What legitimate guidance sounds like
Clear separation of what DOS controls vs what USCIS/DOL controls
Scenario planning and written scope
No guarantees, no pressure tactics, and clear documentation standards
How InvestMigrate Can Help
InvestMigrate’s approach to policy disruption is decision-guiding and compliance-first—focused on helping families avoid costly mistakes when the environment becomes noisy.
How InvestMigrate handles situations like this
Stage-based interpretation: We map a reported DOS action to the exact EB‑3 gate it could affect (most often consular issuance), so clients don’t assume the entire process has stopped.
Risk-aware planning: We help families build best/expected/delayed scenarios and define “decision triggers” (e.g., when not to resign, when to refresh documents, when to reassess).
Anti-scam standards: We emphasize verifiable steps, written scope, and transparent roles because policy uncertainty is when unregulated intermediaries are most aggressive.
What InvestMigrate does—and does not do
We do: Provide structured advisory support focused on documentation readiness, process clarity, and risk reduction.
We do not: Guarantee approvals, promise timelines, claim special access, or promote shortcuts around regulated requirements.
How this protects clients in practice
Our standard is that major commitments should follow verified stage progress, not headlines. That discipline reduces both financial exposure and legal risk—especially for families making long-horizon decisions.
Conclusion
The reported DOS directive is not a blanket shutdown of U.S. immigration. It’s presented as a pause on immigrant visa issuance for nationals of specific countries beginning Jan 21, 2026, while allowing applications and interviews to continue. For EB‑3 applicants, the impact depends on two things: your nationality and where you are in the EB‑3 stage gates, particularly whether you’re approaching consular issuance.
Next step: If you want to understand your exposure and build a freeze-safe plan, request an eligibility and timeline review or ask for a step-by-step EB‑3 process overview aligned to your current stage.
Book a call with InvestMigrate