Takeaways
- A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
- The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
- The government is expected to consider appellate options, and employers should continue to monitor developments.
A federal district court in Rhode Island has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries who were subject to the administration’s expanded travel restrictions.
USCIS implemented the adjudication pause in late 2025 as part of broader screening and vetting measures affecting nationals of the 39 designated countries. The policies placed a hold on a wide range of immigration benefit requests, including certain applications for adjustment of status, employment authorization, naturalization, and asylum-related benefits. In some cases, the agency’s actions also affected previously approved benefits and discretionary adjudications.
In its June 5 decision, the court concluded that USCIS lacked statutory authority to implement the challenged policies and found them unlawful under the Administrative Procedure Act. The court vacated the following four USCIS policies:
- Pausing adjudication of immigration benefit requests filed by nationals of the affected countries;
- Pausing asylum and withholding adjudications;
- Requiring re-review of certain previously approved immigration benefits; and
- Directing officers to treat certain country-specific factors as significant negative discretionary considerations in adjudications.
The court also issued declaratory relief in favor of the plaintiffs but declined to enter a permanent injunction.
For employers, the practical impact of the court decision will depend largely on how USCIS responds. If implemented, the court’s ruling could allow long-pending employment-based adjustment of status applications and related employment authorization requests to resume adjudication. The decision may also eliminate additional discretionary scrutiny tied to the country-specific factors policy.
USCIS has yet to issue guidance regarding implementation, case processing priorities, or the treatment of applications previously subject to the pause. However, the government is expected to seek a stay of the court’s decision or pursue an appeal, either of which could delay or alter the practical impact of the ruling.
For now, employers with affected employees should:
- Continue to monitor case developments closely;
- Maintain compliance with Form I-9 and work authorization requirements; and
- Evaluate contingency planning where prolonged adjudication delays have affected workforce planning.
Jackson Lewis attorneys will continue monitoring developments, including any government appeals or USCIS implementation guidance.