USCIS Processing Times Update: Court Orders Resume for Restricted Country Applicants 2026

A federal court has issued an order directing USCIS to resume processing applications for certain applicants from countries previously designated as 'restricted,' marking a significant development for employment-based immigration in 2026. The ruling could provide relief to thousands of EB-3 and other employment-based applicants whose cases had been stalled due to country-specific processing restrictions. The Klasko Law firm reported on this court-mandated directive, which compels USCIS to move forward with adjudicating cases that had been paused or deprioritized for nationals of affected countries. This type of judicial intervention reflects ongoing legal challenges to administrative policies that create disparate processing timelines based on an applicant's country of birth. For EB-3 applicants from oversubscribed countries such as India, China, Mexico, and the Philippines, any court-ordered resumption of processing could have meaningful downstream effects. These applicants often face the longest backlogs due to per-country annual limits, making any change in USCIS's processing posture particularly impactful. Immigration attorneys are advising affected applicants to monitor their case status closely and consult with legal counsel to determine whether this ruling applies to their specific situation. Those with pending applications at USCIS should ensure their contact information and attorney of record are current to receive any updates. This development underscores the role of federal litigation in shaping USCIS operational policy. Applicants and practitioners should follow further reporting from sources like Klasko Law as the full scope and implementation of the court order becomes clearer.