EB-3 Weekly: Courts Reshape Immigration Rules (June 8–14, 2026)

Week in Review: June 8–14, 2026

This was one of the most consequential weeks for employment-based immigration in recent memory. Federal courts struck down or blocked multiple USCIS enforcement policies — including a freeze that had paralyzed green card and work permit processing for nationals of 39 countries — while a separate ruling dealt a blow to the $100,000 H-1B fee. At the same time, a critical new signature rule looms for July 10, and reports of systemic adjudication stalls continue to mount.

Policy & Legislative Updates

Four USCIS Policies Blocking 39 Countries Vacated

The single biggest development of the week came from a ruling issued June 5, 2026 — the ripple effects of which dominated immigration news through June 14. Chief Judge John J. McConnell Jr. of the U.S. District Court in Rhode Island, in Dorcas International Institute of Rhode Island v. USCIS, vacated four USCIS policies that had collectively frozen immigration benefit processing for nationals of approximately 39 countries designated as "high risk" by the administration.

The four struck-down policies were:

• Benefits Hold Policy: Paused green card and Employment Authorization Document (EAD) adjudication for travel ban nationals
• Global Asylum Hold Policy: Froze asylum adjudications regardless of applicant origin
• Comprehensive Re-Review Policy: Required re-examination of previously approved immigration benefits
• Country-Specific Factors Policy: Treated an applicant's country of birth as a "significant negative factor" in discretionary decisions

The court found all four violated the Administrative Procedure Act (APA) — they lacked reasoned explanation, ignored reliance interests of applicants who had already complied with all requirements, and used national security as a pretext for what the court called impermissible anti-immigrant bias.

What this means for EB-3 applicants from affected countries: Pending Forms I-485 (Application to Register Permanent Residence), I-765 (Employment Authorization Document), and immigrant petitions that were frozen may now resume adjudication. People who completed biometrics, attended interviews, and paid fees — only to be left waiting indefinitely — should see movement on their cases.

However, important caveats apply. The ruling does not eliminate the underlying travel restrictions or the Department of State's separate visa issuance restrictions at U.S. consulates abroad. Consular processing overseas remains subject to different legal and administrative frameworks. And the government is widely expected to appeal, so applicants should monitor whether a stay is sought.

On June 12, a separate federal court also struck down USCIS adjudication hold policies more broadly as unlawful, reinforcing the pattern of judicial pushback against USCIS's use of categorical holds without statutory authority.

$100K H-1B Fee: Struck Down, But Still Technically Active

On June 8, 2026, Massachusetts District Judge Leo T. Sorokin vacated the $100,000 fee that the Trump administration had imposed on new H-1B visa petitions via a proclamation issued September 19, 2025. The court ruled the fee constituted an unlawful tax — only Congress holds taxing authority under the Constitution — and found USCIS also violated the APA by skipping required notice-and-comment rulemaking.

Here is where it gets complicated: by June 12, Judge Sorokin denied a full stay of his own ruling but issued a temporary administrative stay to preserve the status quo while the First Circuit Court of Appeals reviews the government's emergency appeal. As of June 14, the $100,000 fee technically remains in effect due to this temporary administrative stay. A conflicting ruling from a D.C. federal court had previously upheld the President's authority to impose such fees, creating a potential circuit split.

For EB-3 applicants: This is primarily relevant for employers who also sponsor H-1B workers — the same companies that often run EB-3 sponsorship pipelines. If the fee is permanently struck down, it reduces the cost burden on sponsoring employers and may make them more willing to pursue or continue employment-based green card sponsorships. Do not assume the fee has been eliminated yet.

New Signature Rule Takes Effect July 10 — Act Now

A critical procedural change is 25 days away. On May 11, 2026, DHS published an Interim Final Rule on "Signatures on Immigration Benefit Requests" that takes effect July 10, 2026. The stakes could not be higher for anyone with filings in preparation.

Under the new rule:

• Valid: Handwritten ("wet ink") signatures; scanned or faxed copies of wet-ink signed forms
• Invalid: DocuSign, typed "/s/" signatures, copy-pasted signature images, signature stamps

The critical change is the elimination of any opportunity to cure a deficient signature. USCIS may now deny a petition outright — retaining the filing fee — without issuing a Request for Evidence (RFE) giving you a chance to correct it. Given that USCIS processing times run months to years, a signature defect may not surface until long after priority date windows or filing deadlines have closed.

For EB-3 applicants and sponsoring employers: if your law firm, HR department, or document workflow uses DocuSign for any USCIS filings (I-140, I-485, I-765, or supporting forms), that workflow must change before July 10. Audit your submission process now.

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USCIS Processing Times

Two distinct processing problems are generating significant community concern this week.

FBI Background Check Holds: A letter sent by Representative Krishnamoorthi and congressional colleagues to USCIS on June 3, 2026, raised alarm about widespread adjudication holds tied to enhanced FBI background check procedures. Applicants in the Adjustment of Status (AOS) process — including EB-3 — have reported unexplained stalls with no USCIS communication. Cases with current priority dates are sitting in background check queues rather than moving to approval. On June 8, Democratic senators escalated further with a formal demand letter, citing the adjudication pause as also driven by systematic re-reviews of Biden-era case approvals. Congress is actively monitoring this situation.

Post-Interview Stalls: A separate pattern has emerged over the past five to six months. Applicants with clean records are moving quickly through biometrics and interview stages — but then entering extended waits post-interview with no RFE, no correspondence, and no decision. This appears to affect both employment-based and family-based AOS cases. No official USCIS statement has confirmed the cause, with community speculation pointing to adjudicator workload changes or internal policy shifts.

If your case has shown no movement for 90 or more days after an interview, that is the threshold at which legal options — including mandamus actions to compel agency action — become worth researching.

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PERM Labor Certification

Updated PERM (Program Electronic Review Management) processing benchmarks from immigration law firms Berry Appleman & Leiden and Reddy Neumann Brown as of May/June 2026 show standard (non-audited) PERM applications taking 6 to 18 months, while audited cases can add 12 or more months on top of that. The DOL's (Department of Labor) Atlanta National Processing Center remains the single point of processing for all PERM filings.

For EB-3 applicants — particularly those from India and China who face multi-year backlogs after PERM approval — filing accurately the first time is critical. A PERM audit or denial resets the entire clock, including the priority date. Prevailing Wage Determination (PWD) delays upstream of PERM are an additional bottleneck that employers must factor into their sponsorship timelines.

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Visa Bulletin & Backlog Data

USCIS released its pending I-485 inventory data for February, March, and April 2026 in a batch this week, providing useful backlog indicators:

• India EB-2: Fell to 26,251 as of March 3, 2026 — a decline of 733 in one month, and the seventh consecutive monthly drop. Nearly all movement was concentrated in 2013 priority date holders (down from 9,233 to 8,594). The 2014 cohort at nearly 17,000 cases showed minimal movement, representing a significant upcoming bottleneck.
• India EB-3: Declined to 16,699 as of March 2026. The April data notably showed the first-ever appearance of 2015 priority dates in the inventory, signaling adjudication activity has now reached that cohort.

These inventory figures are inputs — not guarantees — for Department of State Visa Bulletin date movement. Shrinking inventory generally supports forward movement, but the DOS makes final cutoff decisions based on multiple factors including worldwide visa number demand.

What This Means for Your EB-3 Case

If you are from one of the 39 travel-restricted countries: Check your USCIS case status online. Cases that were frozen may begin moving. If your I-485 or EAD has shown no movement in months, this ruling provides a basis for following up with USCIS. Document all delays, as this record may matter if you need to assert rights in future proceedings.

If you have a filing in preparation: Make sure every form uses wet-ink signatures before July 10. This is not a minor procedural issue — a DocuSign on an I-485 after that date could result in an outright denial with no refund and no ability to correct it.

If you are post-interview: The stall pattern is real and widespread. Track your case status weekly. The 90-day post-interview mark is a meaningful threshold for escalating your approach.

If you are in early stages (PERM or pre-PERM): The courts are creating important protections for people further in the pipeline, but PERM timelines have not changed. File accurately, plan for audits, and preserve your priority date.

This post is generated from immigration news published during the week of June 8–14, 2026. Information is for reference only. Verify all details with official USCIS, DOL, and DOS sources.