USCIS Government Policy Impact 2026: Consular Processing Cases Paused After $100K Fee Struck Down

Immigration attorneys are reporting that USCIS may have halted adjudication of consular processing cases in the wake of a court ruling that struck down a $100,000 fee requirement. The pause appears to be a precautionary measure as the agency awaits a decision from an appellate court. The development has raised concerns among applicants with pending consular processing cases, including those in EB-3 and other employment-based categories. A halt in adjudications — even temporary — can cause significant delays in cases that were already in progress. For EB-3 applicants pursuing consular processing rather than adjustment of status, this pause could mean extended waiting periods before their cases are reviewed or approved. Applicants are advised to monitor updates from USCIS and consult with their immigration attorneys regarding the status of their individual cases. No official statement from USCIS has been issued at this time. The situation remains fluid pending the appellate court's ruling, which will likely determine whether and how the agency proceeds with the affected case category.