- A federal court vacated four USCIS policies that had paused benefits processing for nationals of 39 countries since late 2025.
- The ruling orders USCIS to resume processing work permits, green cards, and other frozen benefits, but USCIS has not publicly confirmed compliance.
- The court's ruling does not strike down the underlying travel bans. Hiring from those 39 countries via consular processing abroad remains restricted.
- The administration is expected to appeal and may seek an emergency stay, which could pause USCIS again even if it begins moving cases.
- Filing Premium Processing right now may not be worthwhile. Consult your immigration counsel before taking action on affected cases.
What happened
Last winter, USCIS issued four policies that effectively put immigration cases on hold for nationals of 39 countries covered by the Trump administration's travel bans. The freeze applied to work permits, green cards, naturalization, and other immigration benefits. It also included a global hold on asylum applications. For many employees in the US on work visas or with pending green card cases, this meant their applications simply stopped moving.
A group of nonprofits and unions sued in March 2026. On June 5, Judge John McConnell Jr. of the U.S. District Court for Rhode Island vacated all four policies, ruling that USCIS exceeded its authority and failed to provide legitimate justifications for the freeze.
Vacatur is more significant than an injunction. It does not just block the policies from being enforced. It wipes them out entirely, and the effect is nationwide.
What this means for your workforce
The ruling has different implications depending on whether your employee or candidate is already in the US or is trying to come in from abroad.
- The ruling covers work permit (EAD) renewals, I-485s, naturalization, DACA renewals, and cases under re-review
- USCIS is ordered to return these to normal adjudication, but has not confirmed it has done so
- An emergency stay from an appellate court could pause USCIS again even if it begins moving
- Hold off on Premium Processing until your immigration counsel confirms USCIS is actively adjudicating
- The ruling only covers USCIS benefit processing, not consular visa issuance
- The underlying travel bans remain in effect and were not struck down
- Nationals of the 39 countries still face entry restrictions at the visa application stage
- Approved USCIS petitions do not guarantee a visa will be issued at a US consulate abroad
Which countries are affected
The 39 countries span two categories under the travel ban framework. Nineteen countries are subject to a full suspension of entry, including Afghanistan, Iran, Libya, Somalia, Syria, and Yemen, among others. A further 20 countries are subject to a partial suspension. The complete list includes nations across Africa, the Middle East, and parts of Asia and the Caribbean.
For tech employers, the most commonly encountered nationality in this group has been Iran, where a significant number of engineers and researchers in the US have had cases affected by the freeze.
What the ruling does not change
The travel bans themselves are not affected by this ruling. The court specifically addressed USCIS's adjudication freeze, not the executive orders restricting entry. This matters most for employers trying to sponsor new hires who are still abroad and would need a visa to enter the US.
For those candidates, the visa application process at a US consulate abroad is still governed by the travel ban. A USCIS-approved petition does not override an entry restriction. Until the travel bans themselves are separately challenged or lifted, consular processing for nationals of these 39 countries remains uncertain.
Frequently asked questions
Not yet. USCIS has not confirmed it is resuming adjudications, and the administration is expected to appeal and seek a stay. Filing Premium Processing before USCIS is actively processing these cases means paying the fee with no guarantee of movement. Check with your immigration counsel on the current state of USCIS compliance before taking action.
Not straightforwardly. The ruling does not affect the travel ban, which restricts consular visa issuance. USCIS can now process a petition, but a visa stamp still needs to be issued at a US consulate, and that process is still subject to the ban. Involve immigration counsel before making any commitments to the candidate.
Yes, to the extent that H-1B change-of-status petitions or extensions that were frozen at USCIS should now resume. However, if an employee from one of these countries needs to travel abroad and apply for an H-1B visa stamp at a consulate, the travel ban still applies to that step.
No. District court decisions can be stayed or reversed on appeal. The ruling is significant and currently in effect, but treat it as a window of opportunity rather than a settled change. Keep close track of any appellate court developments.
Get actionable insights for workforce planning. Delivered once a week.
.svg)
