USCIS Adjudication Hold Policies Ruled Unlawful: EB-3 Processing Update 2026

A federal court has issued a significant ruling finding that USCIS adjudication hold policies are unlawful, according to a report from Berry Appleman & Leiden (BAL), a leading immigration law firm. The decision targets policies under which USCIS had been delaying or suspending adjudication of certain immigration benefit requests. Adjudication holds have been a point of contention for many employment-based applicants, including those in the EB-3 category, as these policies have contributed to prolonged processing backlogs. By placing cases on hold without clear statutory authority, USCIS effectively denied applicants timely decisions on their petitions. The court's ruling has direct implications for EB-3 applicants whose cases may have been subject to such holds. If USCIS is required to resume adjudication on previously paused cases, this could lead to a surge in decisions — either approvals or requests for further evidence — in the near term. Immigration attorneys are advising affected applicants to monitor their case statuses closely and consult with counsel to determine whether this ruling applies to their pending petitions. Cases that were unlawfully delayed may now be subject to expedited review. This development adds to ongoing legal scrutiny of USCIS administrative practices in 2026, reinforcing the importance of staying informed about policy and court decisions that can materially impact green card timelines.