Chief Judge John J. McConnell Jr. granted summary judgment against USCIS, declaring four recent agency policies unlawful and vacating them nationwide, marking a major court-ordered DHS policy reversal in 2026.
A federal court has dealt a significant blow to recent U.S. Citizenship and Immigration Services (USCIS) policy changes. Chief Judge John J. McConnell Jr. granted summary judgment in favor of the plaintiffs in Dorcas International Institute of Rhode Island v. United States Citizenship and Immigration Services (1:26-cv-00132), vacating multiple USCIS memos as unlawful.
The court struck down four specific policies: the Global Asylum Hold Policy, the Benefits Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy. All four were declared unlawful and vacated on a nationwide basis, meaning they cannot be enforced anywhere in the United States.
This ruling carries broad implications for immigration applicants across all visa categories, including EB-3 employment-based applicants. Policies like the Benefits Hold and Comprehensive Re-Review Policy had the potential to delay or complicate the adjudication of pending green card petitions and adjustment of status applications.
Applicants who may have experienced delays or adverse actions under these now-vacated policies should consult with an immigration attorney to assess whether they are entitled to reconsideration or expedited processing. USCIS will be required to comply with the court's nationwide injunction.
This development represents one of the most significant judicial checks on USCIS administrative authority in recent years. EB-3 applicants and their sponsors should monitor official USCIS announcements for guidance on how the agency will implement the court's order going forward.
USCIS implemented a policy on August 5, 2026 that reduces the time applicants have to respond to Requests for Evidence (RFEs) in EB-1A and EB-2 NIW cases, adding pressure to already complex petitions.
USCIS updated Form I-864 (effective Aug 31, 2026) to allow access to sponsors' credit reports. This tightens financial scrutiny for green card petitions, particularly marriage-based cases.
USCIS has released a new edition of Form I-864 (Affidavit of Support) that is effective immediately. Green card applicants and sponsors must use the updated version for all pending and new filings.