USCIS Adjudication Hold Policies Ruled Unlawful: EB-3 Processing Update 2026
A federal court has ruled that USCIS adjudication hold policies are unlawful, a decision that could directly affect EB-3 processing times and pending applications in 2026.
A federal court has ruled that USCIS adjudication hold policies are unlawful, a decision that could directly affect EB-3 processing times and pending applications in 2026.
A June 8, 2026 court decision vacated the $100,000 H1B fee requirement. DHS announced compliance with the order, allowing employers to file H1B petitions without the additional fee while future steps are considered.
DHS issued an Interim Final Rule effective July 10, 2026, strictly enforcing wet-ink signature requirements for USCIS filings. Invalid signatures—including DocuSign and typed names—may result in denial with no refund or chance to refile.
The U.S. government has withdrawn its Eighth Circuit appeal in the Mukherji case, a victory for EB-1A applicants challenging USCIS's 'final merits' determination approach. The broader legal challenge continues in other courts.