Visa Rules Update

Global Visa & Immigration Updates – August 25, 2026

  • By Darshil Bhavsar
  • 04 Sep 2026
  • 88
  • 5 min read
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World Visa Academy – Daily Global Visa & Immigration Update

Date: 25/08/2026

Country Wise Summary

CountryUpdateApplicant ImpactStatus
United StatesCourt vacates State Department's 75-country immigrant visa banCase-by-case review restored; prior refusals may be reopenedBig Alert
United StatesDHS proposes new $103,265 fee on every cap-subject H-1B petitionMajor future cost for the 2027 cap season; not yet in effectBig Alert
United StatesSeptember 2026 Visa Bulletin holds Final Action Dates steadyFile now in EB-2, EB-1 India, or EB-5 unreserved before categories may closeUpdate
NamibiaNew 5-year Employment Permit to Conduct Business launches Sept 1NIPDB investor confirmation now a prerequisite for the longer permitUpcoming

 

United States

Big Alert – Immigrant Visa

What it means

US District Judge Jeannette Vargas of the Southern District of New York ruled on 21 August that the State Department's blanket suspension of immigrant visa issuance for nationals of 75 countries, in place since 21 January, was unlawful and exceeded the Secretary of State's authority. The judge vacated the policy outright under the Administrative Procedure Act rather than issuing a narrower injunction, meaning the ban is void nationwide, not just blocked for the plaintiffs in the case. The ruling also sets aside every immigrant visa refusal that rested solely on the 75-country policy and orders the State Department to restore lawful, individualized review of each application.

As of this week no appeal has been filed and the ruling is not stayed, though the State Department has not yet issued public guidance on how it will handle previously refused cases.

Impact

Consultants with clients from any of the 75 affected countries who had an immigrant visa refused since January purely because of their nationality should prepare to request re-adjudication once the State Department issues implementation guidance. Clients with pending immigrant visa cases from these countries should resume normal case preparation, since consular officers are expected to return to evaluating each application on its own merits rather than a blanket nationality bar.

United States

Big Alert – H-1B

What it means

DHS is publishing a proposed rule today, 25 August, that would add a new $103,265 fee to every H-1B petition subject to the annual lottery cap, including the 20,000 reserved for holders of US master's degrees or higher. This is a separate and additional charge from the $100,000 fee under last year's presidential proclamation, which remains tied up in litigation and is not currently in effect. The new fee would not apply to cap-exempt petitions, such as those from universities and affiliated nonprofits, or to H-1B transfers between employers.

This is only a proposed rule, not a final one. Public comments are open for 30 days after publication, expected to run through around 24 September, and DHS must review those comments before any final rule could take effect. The next H-1B cap season does not open until spring 2027.

Impact

Consultants advising employers on H-1B strategy should flag this proposal now as a major planning consideration for the 2027 cap season, even though nothing is owed today and the fee is not guaranteed to survive in its current form. Employers filing cap-exempt petitions, including university-affiliated roles, and workers already on H-1B transferring employers should be reassured this proposal does not apply to them.

United States

Update – Visa Bulletin

What it means

The State Department's September 2026 Visa Bulletin keeps Final Action Dates unchanged across EB-1, EB-2, EB-3, and EB-5 from August. However, the State Department is warning that the EB-2 category generally, EB-1 for India specifically, and the EB-5 unreserved category may become completely unavailable before the fiscal year ends on 30 September, with new numbers only opening again once the new fiscal year starts in October. USCIS confirmed it will continue accepting employment-based adjustment of status filings under the Final Action Dates chart for September.

Impact

Consultants with clients in EB-2, EB-1 India, or EB-5 unreserved categories who are eligible to file now should be encouraged to submit before the fiscal year closes, since a category becoming unavailable mid-month can delay a case until October at the earliest. Clients already filed and awaiting a decision are not affected by unavailability, but new filers in these specific categories should treat the next few weeks as a real deadline.

Namibia

Upcoming – Investor Permits

What it means

Namibia's Ministry of Home Affairs, Immigration, Safety and Security has introduced a new Employment Permit to Conduct Business, effective 1 September, that can be issued for up to five years instead of the usual two years given under a standard employment permit. The permit is reserved for investors and business owners whose status has been confirmed by the Namibia Investment Promotion and Development Board, which will conduct an economic evaluation of the proposed investment before the application moves to the immigration selection board. The permit also functions as work authorization on its own, so approved holders do not need a separate work permit.

Impact

Consultants with clients investing in or starting a business in Namibia should prepare NIPDB investor confirmation as an early step, since it is now a prerequisite for accessing the longer five-year permit. Clients who do not qualify as NIPDB-confirmed investors will continue using the standard two-year employment permit process, so confirm eligibility before promising a client the longer validity period.

No major new policy changes or big announcements reported from Europe, Asia, the Middle East, Oceania, or South America today.

Pro Tip for Immigration Consultants

When a court "vacates" a policy rather than issuing an injunction against it, the policy becomes void everywhere, not just for the people who sued. That distinction is exactly why today's 75-country ruling matters for every affected client, not only those involved in the original litigation.

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Darshil Bhavsar
Darshil Bhavsar

Trainer@worldvisaacademy

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