USCIS Processing Time Update June 2026: Court Vacates Key Adjudication Policies

In June 2026, two major federal court decisions introduced significant changes and ongoing uncertainty for employers sponsoring foreign national employees. The first ruling, issued on June 5, 2026 by the U.S. District Court for the District of Rhode Island, vacated three USCIS policy issuances—PM 602-0192, PM 602-0194, and PA 2025-26—after finding they violated the Administrative Procedure Act by implementing substantive adjudication changes without proper rulemaking procedures. These now-vacated policies had contributed to longer processing times across employment-based immigration categories, including EB-3 petitions, by imposing adjudication holds, additional re-review of pending cases, and increased discretionary scrutiny. With the policies vacated, USCIS officers must now adjudicate cases under pre-existing statutory authority and regulations. Employers with cases delayed or placed on hold under these policies may see those matters resume normal processing. In a separate but equally impactful development, a Massachusetts federal court initially ruled that the $100,000 H-1B proclamation fee was an unlawful tax exceeding executive authority. However, after the government appealed, the same court paused its vacatur order, allowing USCIS to continue collecting the fee during the appeal. The U.S. Court of Appeals for the First Circuit will now determine whether the fee remains enforceable while litigation proceeds. For EB-3 and broader employment-based immigration sponsors, both decisions carry immediate operational implications. Employers should promptly audit pending cases that may have been affected by the now-vacated USCIS policies and coordinate with immigration counsel to request resumption of active adjudication where appropriate. USCIS has stated it disagrees with the Rhode Island ruling but will comply while considering next steps, making proactive monitoring essential. Given the rapid pace of litigation developments, employers and foreign nationals alike should closely track upcoming agency announcements and court orders. Filing strategies, travel plans, and budget assumptions—particularly regarding the H-1B fee—should be reviewed with counsel to account for evolving legal requirements.