U.S. judge lifts visa restrictions: What it means for Kazakhstanis

On Aug. 21, a New York district court lifted the suspension of immigrant visas for citizens of 75 countries, restoring case-by-case consideration to the visa process. Angelina Kim, a PR specialist and project manager at UPROAD Agency who works with highly skilled professionals applying under the EB-1, EB-2 NIW, and O-1 categories, explained how the ruling could affect Kazakhstani applicants and what applicants should prepare for now.

What’s next?

Even though the court’s decision has effectively lifted the restrictions, applicants should not expect immediate changes to consular operations, Kim said.

At the same time, applicants can and should continue to pursue immigrant visas, including IR, CR, and EB categories. Even while the restrictions were in place, applicants could complete the initial stages of the petition process. The main difficulties arose at the final stage, when U.S. consulates issued visas.

Since the ruling was issued late last week, the State Department and the U.S. Embassy in Kazakhstan have not yet updated the guidance on their websites. A transition period is currently underway. The court also overturned denials issued solely on the basis of the Jan. 21 restrictions. However, it remains unclear whether consulates will automatically reconsider those cases or whether applicants will need to reapply.

Lifting the ban and a possible appeal

The court’s ruling does not preclude further action by the U.S. administration. The government has the right to appeal the decision within two months.

«An appeal is possible, and the decision could be suspended or upheld during the appeals process. The overall logic of the U.S. authorities is clear: to assess the financial self-sufficiency of those entering the country. It is possible that attempts to restrict visas will continue, but in the form of stricter individual financial assessments of applicants. Therefore, it is now critically important to monitor official State Department announcements and consult specialized lawyers rather than rely on rumors on social media,» Kim emphasized.

The lifting of the restrictions applies to people seeking immigrant visas through U.S. consulates abroad. The restrictions did not directly affect the Adjustment of Status process for applicants already in the U.S., which USCIS handles.

What was wrong with the ban?

The restrictions, imposed by the U.S. State Department on Jan. 21, were justified by concerns that immigrants could become a financial burden on the government. In practice, however, the policy operated as an automatic filter based on applicants’ nationality.

«The main contradiction was that it was not the individual who was assessed, but their citizenship. Even if an applicant had a high income, savings and proven professional achievements, they could be denied simply because of their country of origin. This was particularly controversial for professional categories (EB-1, EB-2 NIW) and investors (EB-5), who are coming to benefit the U.S. economy by definition. The court overturned this approach, confirming that each case must be considered individually,» Kim added.

Kazakhstan and the U.S.

Last year, President Donald Trump said the U.S. had long neglected Central Asian countries but that his administration intended to change that.