USCIS AOS Policy Change 2026: Court Blocks Travel Ban Freeze & $100K H-1B Fee

Two major federal court rulings issued in June 2026 significantly affect U.S. immigration adjudications. A Rhode Island federal judge struck down several USCIS policies that had frozen immigration benefit applications—including adjustment of status (AOS), employment authorization, travel documents, naturalization, and asylum cases—for nationals of approximately 39 countries subject to the Administration's travel restrictions. The court in Dorcas International Institute of Rhode Island v. USCIS found that USCIS exceeded its authority under the Administrative Procedure Act by imposing categorical holds based solely on nationality. For EB-3 applicants from affected countries, this ruling is particularly significant. Green card applications that had been placed on indefinite hold due to the travel ban adjudication freeze may now be able to move forward. The ruling invalidated the policy treating nationality from a designated country as a negative discretionary factor in adjudications—a provision that had directly impacted pending I-485 filings across multiple employment-based categories. Separately, a Massachusetts federal district court vacated the Administration's $100,000 H-1B proclamation fee, ruling it functioned as an unauthorized tax requiring congressional approval and was procedurally deficient under administrative law. The decision applies nationwide, providing immediate relief for employers sponsoring H-1B workers. However, no refunds have been addressed for fees already paid. Both rulings are expected to face government appeals, and emergency stays could be sought quickly. EB-3 applicants and sponsoring employers should monitor developments closely, as the current relief may be temporary. The State Department also announced a premium B-1/B-2 visa appointment pilot launching July 1, 2026, offering expedited interviews within 10 business days for a $750 supplemental fee at high-demand consular posts through December 31, 2026.