Courts Block Trump's 39-Country Immigration Ban & $100K H-1B Fee in June 2026 Rulings

In two landmark rulings issued days apart, federal courts dealt significant blows to immigration restrictions imposed under the Trump administration. On June 5, 2026, a U.S. District Court in Rhode Island declared four USCIS policies unlawful that had collectively imposed holds and re-reviews on immigration benefits for nationals of 39 travel ban countries. The court found all four policies — including the global asylum hold, benefits hold, comprehensive re-review, and country-specific factors policy — violated the Administrative Procedure Act (APA) and ordered them fully vacated. As a result of the Rhode Island ruling, nationals of the 39 affected countries should no longer face adjudication holds on pending applications or re-reviews of previously approved USCIS benefits. Country of nationality may also no longer be weighed as a negative discretionary factor in USCIS adjudications. This is a meaningful development for EB-3 applicants from affected countries who had pending petitions or approved benefits placed under review. Separately, on June 8, 2026, a U.S. District Court in Massachusetts vacated the Presidential Proclamation that imposed a $100,000 fee on H-1B visa holders, ruling it constituted an unlawful tax. This fee, introduced in September 2025, had created significant burdens for employers sponsoring skilled workers. USCIS is expected to issue updated guidance in the coming days. However, practitioners are cautioning against overreading these victories. The courts' decisions apply only to USCIS benefit adjudications — the State Department's separate pause on immigrant visa issuance for applicants from 75 designated countries remains in force, as does the broader travel ban on foreign nationals from the 39 countries. EB-3 applicants who are nationals of affected countries should consult counsel to understand what these rulings mean for their specific stage in the immigration process. Both rulings may face government appeals or emergency stay requests. Immigration attorneys are closely monitoring for any DOJ response, and further developments are expected in the coming weeks.