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 has officially reached the fiscal year 2027 H-1B cap. This milestone affects employment-based immigration pipelines, with implications for workers who may pivot to EB-3 pathways.
USCIS has reached both the 65,000 H1B regular cap and 20,000 master's cap for FY2027, closing the lottery path for most cap-subject candidates until the next registration cycle.
USCIS announced on July 17, 2026 that both the 65,000 regular H-1B cap and 20,000 master's cap allocations for FY 2027 have been met, closing the filing window with no additional lottery rounds planned.