Early 2026 brought several changes that must be separated by “layer”: consular issuance of immigrant visas (DOS), regulatory rules (DHS/USCIS), and USCIS adjudication practice (including a noticeable rise in RFEs). Confusion usually happens when an update from one layer is incorrectly applied to another.
Below is a practical breakdown for employment-based immigration (EB and adjacent processes): what actually slows timelines, who is affected, and how to prepare a case so you don’t lose months to avoidable follow-ups.
- DOS pause tied to “public benefits reliance” review affects issuance of immigrant visas abroad for nationals on the official list; interviews may still be scheduled, but issuance is paused.
- Interim Final Rule for R-1 removes the “1 year outside the U.S.” requirement after reaching the 5-year R-1 stay limit — important for religious organizations and EB-4 religious-worker pathways.
- More RFEs in 2026 reflect a compliance-focused adjudication posture: requests are more frequent and more granular, and timelines extend because the file often waits for your response.
- What changed and where it hits the processQuick map: DOS vs USCIS vs DHS
- Immigrant-visa issuance pause: who it impactsNationality, exceptions, risks for EB consular processing
- R-1 Interim Final Rule and the EB-4 connectionWhat exactly changed and why
- RFEs in 2026: why they’re tougher and how to respondEvidence pack, timelines, common triggers
What changed and where it “breaks” timelines
In 2026 it’s critical to separate visa issuance from petition adjudication, and to separate consular processing from adjustment of status. Even with an approved I-140, the outcome still depends on where you finish: inside the U.S. (I-485) or abroad (DS-260 + interview + immigrant-visa issuance).
Change map
| Change | Start / status | Who it impacts | What to check now |
|---|---|---|---|
| Pause on immigrant visa (IV) issuance for nationals of certain countries consular processing |
Effective 01/21/2026 (DOS update dated 02/02/2026) | Applicants completing via immigrant visa abroad, if their nationality is on the list; not about tourist/student visas. | Which passport is used in DS-260; any second citizenship; stage (NVC/interview/issuance); possible exceptions. |
| Interim Final Rule for R-1 8 CFR 214.2(r) |
Effective 01/16/2026; comments accepted until 03/17/2026 | R-1 (and R-2 dependents) after the 5-year stay cap; religious organizations; EB-4 pathways. | How to plan exit/return; which documents evidence the role/organization; how it aligns with EB-4 visa-number availability. |
| More / tougher RFEs adjudication practice |
2026 trend in practice: more requests, more compliance review | Broad: I-129, I-140, I-485 and supporting evidence packs (including business immigration) | How to “close” core elements before filing; consistency across evidence; logic “requirement → document → conclusion”. |
DOS immigrant-visa issuance pause: what it means in practice for EB
For employment-based immigration, the core point is simple: this is not “USCIS stopped approving petitions.” It is that consulates pause immigrant-visa issuance for applicants of certain nationalities. A case can stall at the very last step — the moment the visa would normally be placed into the passport.
The DOS notice states that as of 01/21/2026, immigrant-visa issuance is paused for applicants who are nationals of countries on the list; interviews may still be scheduled.
Common mistake: tying this to residence
The pause is tied to citizenship/nationality, not where you live or where you interview. You may reside in Ukraine/EU, but if you are processing under a passport from a listed country, you can be affected. Conversely, living in a listed country does not automatically place you in scope if your passport is different.
Who this is most critical for
- EB consular processing: approved petition followed by NVC + DS-260 + interview.
- Derivatives: if the principal or a family member’s nationality is on the list (depending on how the case is processed).
- Time-sensitive documentation: medical exam validity, police certificates, passport validity, employer relocation windows.
Who is usually not directly impacted
- Adjustment of Status (I-485) inside the U.S. — USCIS adjudication, not consular IV issuance (travel planning still needs care).
- Nonimmigrant visas (B-1/B-2, F-1, H-1B, etc.): the pause is about IV issuance.
Exceptions and practical scenarios
The DOS page references dual nationals (if processing is conducted using a passport from a country not on the list). In practice, this can materially change risk because it changes how nationality is reflected in DS-260 and related documentation.
| Scenario | Delay risk | What you can do | What to prepare |
|---|---|---|---|
| EB completion via consulate + nationality on the list | High: IV issuance may be paused | Rebuild the document timeline; plan time buffers; evaluate alternatives (only if there is a lawful basis) | Validity calendar (medical/police/passport); employment/relocation confirmations; relevant financial documents where applicable |
| Dual citizenship and a second passport not on the list | Medium → low (depending on which passport is used for processing) | Confirm legal feasibility to process under the “non-listed” passport; ensure DS-260/document consistency | Citizenship evidence; passport validity; consistent identifiers (name/dates/document numbers) |
| Ukrainian national (Ukraine passport) | Low for this specific pause basis, since Ukraine is not on the DOS list as of the update date | Monitor updates on travel.state.gov; manage interview/document logistics separately | A “what-if” plan; NVC/interview document checklist |
Country list (official English names, DOS list as of 02/02/2026)
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, Yemen.
Quick self-check (5 minutes)
- Passport/nationality in DS-260: which document is the baseline.
- Match against the DOS list (the page can be updated).
- Stage: NVC → interview → pending issuance.
- Second citizenship: whether processing under another passport is realistically possible.
- Document validity windows: medical/police/passport so the pause doesn’t invalidate your pack.
R-1 Interim Final Rule: what changed and why it matters
In January 2026, DHS/USCIS issued an Interim Final Rule that makes a targeted change to R-1 (religious workers). This is not an EB category, but it matters operationally because it reduces the risk of forced “status gaps” when an immigrant pathway (notably EB-4 for religious workers) is delayed by visa-number availability.
Core change: the rule removes the requirement that an R-1 worker, after reaching the 5-year stay limit, must spend 1 year outside the United States before being eligible to return in R-1 again. The IFR is effective 01/16/2026, with comments accepted until 03/17/2026.
Before vs after: how the “status gap” looked
- Before the IFR (simplified): 5 years in R-1 → depart → wait 1 year outside the U.S. → new petition/visa → return.
- After the IFR: 5 years in R-1 → depart → new petition/visa (if needed) → return without the 1-year waiting requirement (assuming other requirements are met).
- Key nuance: this removes the 1-year regulatory waiting period; it does not remove documentary requirements or compliance review.
Chart: where 2026 changes most often hit “bottlenecks”
Below is a practical 0–100 scale showing how strongly each change can delay a specific checkpoint. If Chart.js is available on the page, the canvas renders; if not, a visible fallback is shown.
RFEs in 2026: why they “consume” months and how to respond
An RFE (Request for Evidence) is not a denial. It signals that the officer needs more evidence on a specific requirement or needs inconsistencies resolved. In 2026, RFEs feel more frequent because compliance review is tighter: requests are more granular, and officers are less willing to “connect the dots” for the applicant.
USCIS expects you to prove eligibility with documents, not assertions. The best response is not a “dump” of PDFs, but a structured pack: claim → exhibit → conclusion, with fast navigation by exhibit labels.
Why RFEs happen most often in business immigration
- Inconsistencies: dates/roles/duties/pay are described differently across documents.
- Low verifiability: strong statements, but few independent confirmations or measurable metrics.
- Compliance details: employer control, worksite, reporting structure, and client relationships.
Common RFE triggers and what to include upfront
| Trigger | What is being tested | What to prepare upfront |
|---|---|---|
| Duties described in generic terms | Eligibility criteria fit, real job content, link between duties and qualifications | Detailed duty breakdown + project examples + org chart/supervision + proof of tools/methods |
| Compensation does not “match” | Reality of pay, sources, alignment with the role | Contracts/offer, payroll/invoices, bank confirmation, explanation of bonuses/options |
| Achievements lack independent corroboration | Independence of sources, impact, applicant’s contribution | Independent expert letters, publications/patents/awards, impact metrics, authorship proof |
| Employer–client model not explained | Employer control, worksite, supervision | Relationship diagram + SOW/contracts + control letters + addresses/work mode |
How to answer an RFE like a pro
- Short point-by-point executive response (1–3 paragraphs per item).
- Eligibility matrix: “question → document → exhibit → conclusion”.
- Exhibits organized by criterion, not by file-system order.
- Consistency control: unified dates, roles, amounts, signatures, translations, pagination.
FAQ
Is an RFE always bad?
No. It is a request for evidence/clarification. The critical part is meeting the deadline and answering exactly what was asked.
How much time do you get to respond to an RFE?
Your deadline is stated on the RFE notice. USCIS policy and regulations define an outer limit for RFE response time (often up to 12 weeks/84 days), but the controlling deadline is the one on your notice.
Can you send a “partial” response and then add more later?
USCIS generally treats your response as one complete submission. If you fail to address an item, denial risk rises sharply. In practice, build a full, structured response with an evidence matrix.
Does the DOS IV issuance pause affect I-485 inside the U.S.?
The pause is about consular immigrant-visa issuance. Adjustment of Status is a USCIS process. Any strategy changes or travel plans should still be evaluated for status and admissibility implications.
If I am a Ukrainian citizen, do I need to change anything?
The key factor is the nationality/passport used for processing. Ukraine is not on the DOS list as of the update date, but you should monitor the DOS page in case the list changes.
I have dual citizenship — can that help under the DOS pause?
Potentially yes, if the case is processed using a passport from a country not on the list. The data in DS-260 and supporting documents must be consistent.
Does the R-1 IFR mean travel is no longer needed?
No. The IFR removes the mandatory “one year outside the U.S.” waiting requirement after five years in R-1, but other status, petition/visa, and compliance requirements remain.
