Federal Court Vacates USCIS Adjudication Pause: DHS Policy Reversal Affects 39 Countries 2026
A federal court has struck down a USCIS adjudication pause that had halted case processing for nationals of 39 countries, marking a significant DHS green card policy reversal in 2026.
A federal court has issued a ruling vacating a USCIS adjudication pause that had been affecting nationals from 39 countries, delivering a significant legal victory for thousands of immigration applicants whose cases had been placed on hold. The court determined that the pause lacked proper legal justification, ordering USCIS to resume normal adjudication procedures for the impacted nationalities.
The adjudication pause had created substantial backlogs and uncertainty for EB-3 and other employment-based applicants from the affected countries, many of whom had been waiting indefinitely without movement on their petitions. The court's decision to vacate the policy represents a reversal of the DHS green card processing restrictions that had drawn widespread criticism from immigration advocates and legal practitioners.
For EB-3 applicants from the 39 affected countries, this ruling means USCIS must now proceed with adjudicating pending applications that were suspended under the pause. Applicants who had cases stuck in limbo may see renewed movement on their petitions, including I-485 adjustment of status applications and consular processing cases.
Immigration attorneys recommend that affected applicants monitor their case status through the USCIS online portal and consult with legal counsel to understand how the court's ruling may impact their specific situation. Those with cases that were paused should not need to take additional action, as USCIS is expected to resume processing automatically in compliance with the court order.
This development underscores the ongoing legal scrutiny surrounding executive agency authority over immigration adjudications and may have broader implications for how DHS implements similar administrative pauses in the future.
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.