USCIS AOS 2026 Update: Court Overturns Hold on Cases from Affected Countries
A court ruled that USCIS's hold on Adjustment of Status cases from certain affected countries was illegal. Applicants are now wondering how soon USCIS will resume processing their cases and whether further appeals could cause additional delays.
A recent court ruling determined that USCIS's suspension of Adjustment of Status (AOS) processing for applicants from specific affected countries was unlawful, ordering that cases be allowed to move forward. The decision has brought cautious relief to thousands of applicants who had been left in limbo waiting for movement on their green card applications.
However, the practical timeline for USCIS to resume normal processing remains uncertain. Government agencies typically require days to weeks to implement court orders operationally, as staff must be briefed, systems updated, and case queues reorganized. Applicants should not expect immediate overnight movement but may begin seeing interview scheduling or case status updates within weeks of the ruling.
For EB-3 applicants from the affected countries, this ruling could be particularly significant. Those who had priority dates become current during the hold period may now be eligible for expedited adjudication depending on USCIS's internal prioritization policies.
There remains a legal risk of further delay. The government may appeal the ruling or seek a stay, which could temporarily pause resumption of processing again. Applicants are advised to monitor official USCIS announcements and consult with their immigration attorneys about next steps.
In the meantime, applicants should ensure their biometrics are current, medical exams are not expired, and any outstanding RFE responses have been submitted. Being fully prepared will help avoid administrative delays once USCIS begins actively working through the backlog of held cases.
USCIS has officially reached the fiscal year 2027 H-1B cap. This milestone affects employment-based immigration pipelines, with implications for workers who may pivot to EB-3 pathways.
USCIS has reached both the 65,000 H1B regular cap and 20,000 master's cap for FY2027, closing the lottery path for most cap-subject candidates until the next registration cycle.
USCIS announced on July 17, 2026 that both the 65,000 regular H-1B cap and 20,000 master's cap allocations for FY 2027 have been met, closing the filing window with no additional lottery rounds planned.