I-485 Filing Open EB-3 2026: Federal Court Vacates USCIS 39-Country Adjudication Pause

A federal district court in Rhode Island issued a significant ruling on June 5, 2026, vacating four USCIS policies that had placed a hold on immigration benefit adjudications for nationals of 39 countries. The court found that USCIS exceeded its statutory authority and that the challenged policies violated the Administrative Procedure Act (APA). The vacated policies included pauses on adjustment of status, employment authorization, naturalization, and asylum-related adjudications, as well as re-review requirements for previously approved benefits. For EB-3 applicants from the 39 affected countries, the ruling could be consequential. Long-pending I-485 adjustment of status applications and associated Employment Authorization Documents (EADs) and Advance Parole travel documents may now be eligible to resume adjudication. The court also struck down a policy that directed officers to weigh country-specific factors as negative discretionary considerations—a provision that added uncertainty to case outcomes. However, practical relief remains uncertain. USCIS has not yet issued implementation guidance, and the government is widely expected to seek a stay of the ruling or file an appeal. Either action could delay or negate the decision's real-world impact for affected applicants and their employers. Employers sponsoring workers from the 39 designated countries should take immediate steps to monitor case developments closely. Maintaining Form I-9 compliance is essential, particularly for employees whose Employment Authorization Documents were affected by the adjudication pause. Workforce contingency planning should also be evaluated for roles where prolonged delays have created operational risk. This ruling represents a meaningful legal development for the EB-3 community, particularly for skilled and unskilled workers from countries included in the administration's expanded travel restrictions. Stakeholders should follow USCIS communications and court proceedings carefully as this situation continues to evolve.