The U.S. Department of State has issued updated guidance expanding visa suspension exemptions under Presidential Proclamation 10998, newly confirming that children being adopted by U.S. citizens may qualify for a National Interest Exception (NIE) on a case-by-case basis. The policy adjustment applies to both visa suspension frameworks currently in effect—covering nationals from 39 countries and a separate group of 75 “high-risk” countries.
In its February 2 notice, the Department reaffirmed that the adoption provision now extends to all eligible cases under the proclamation. This means that children being adopted by Americans can qualify for an exception, including an NIE pursuant to Presidential Proclamation 10998, if applicable.
These American families are instructed to continue the normal adoption process, including submitting visa applications and attending consular interviews. They do not need to take any additional steps to be considered for a case-by-case review under the National Interest Exception.
The new guidance modifies earlier decisions that had excluded adoption-related visas. The January 14, 2026 notice on immigrant visa processing for 75 “high-risk” nationalities has also been revised to add this same exception, expanding the eligible group beyond previously recognized dual nationals. These updates collectively restore a pathway for U.S. families whose intercountry adoptions were delayed by the global visa pauses.
Under both frameworks, consular officers will evaluate each adoption case individually to determine whether issuing the visa serves the national interest. Meanwhile, the broader suspensions remain active. Under the 39-country policy, 19 nations—including Afghanistan, Burma, Haiti, and Syria—face full visa issuance suspensions, while another 19, along with Turkmenistan, are subject to partial restrictions. The 75-country suspension, effective January 21, 2026, continues to apply to immigrant visa applicants from countries identified as high-risk for public benefit reliance.
The Department clarified that previously issued visas remain valid and unaffected, and nonimmigrant categories such as tourism or business visas are not impacted. Officials emphasized that the updated policy aligns with ongoing efforts to maintain strict security and financial screening standards while supporting American families engaged in international adoptions.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
