39-Country Immigration Ban: Impact on I-485, EAD, and Motions to Reopen

Recent executive action suspending immigration benefit adjudication for nationals of 39 countries has created significant uncertainty for individuals with pending I-485 applications, including those in the EB-3 employment-based category. The suspension raises immediate questions about derivative benefits such as Employment Authorization Documents (EADs), which are tied to the underlying I-485 petition. A key concern involves EADs previously approved on Form I-765 in connection with a pending I-485. Generally, an EAD remains valid through its expiration date even while the underlying adjustment application is pending. However, if an I-485 is denied — even due to a clerical error — the associated EAD authorization is typically revoked, leaving the applicant without work authorization. For individuals who experienced I-485 denial due to administrative errors, such as a civil surgeon failing to date Form I-693 (the medical examination report), a Motion to Reopen (Form I-290B) is the standard remedy. If granted, the motion restores the I-485 to pending status, which could in turn reactivate or support renewal of the associated EAD. However, whether USCIS will adjudicate such motions for nationals of the 39 affected countries remains an open legal question under the current suspension. EB-3 applicants from affected countries should consult with an immigration attorney immediately to assess their specific situation. Those with approved EADs still within their validity period may be able to continue working, but should seek legal guidance before relying solely on that assumption given the fluid policy environment. No official USCIS guidance has been issued specifically addressing I-290B motions for affected nationals. Applicants are encouraged to monitor USCIS.gov and consult legal counsel for updates as the policy landscape continues to evolve.