Does the employer have to pay for a laid-off H-1B employee's flight home?

Yes, when the dismissal comes before the end of the period of authorized admission. Under 8 CFR 214.2(h)(4)(iii)(E) the employer is liable for the reasonable costs of return transportation of the worker abroad.It does not cover dependents, and it does not apply when the worker resigns.

What’s the difference between “extraordinary ability” and “exceptional ability”?

Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.

Can an employer pass H-1B filing fees to the employee?

No. Federal regulations require the employer to pay the I-129 base filing fee, the ACWIA training fee, and the Fraud Prevention and Detection fee. The employer also can't deduct these amounts from the employee's salary.The employee may pay for premium processing if it's for their own benefit, but the core petition costs are the employer's legal responsibility.

How long does the consular interview take?

The consular interview itself is usually brief, often lasting around 10 to 15 minutes. The longer wait is typically scheduling the appointment. After approval, many applicants receive their passport with the visa stamp within a few business days, depending on the consulate.

How long does the O-1 visa to green card process take?

With EB-1A and premium processing, the I-140 can be decided in 15 business days. If your priority date is current and you file I-485 concurrently, total processing time typically runs 8 to 14 months.For applicants from India or China, priority date backlogs can add multiple years. EB-2 NIW follows a similar pattern but with longer I-140 premium processing (45 business days).

USCIS 39-country pause vacated

On June 5, 2026, U.S. District Judge John McConnell ruled in Dorcas International Institute of Rhode Island v. USCIS that the policies pausing immigration adjudications for nationals of 39 countries are unlawful, and vacated them. Because the court vacated and set the policies aside rather than limiting relief to the named plaintiffs, the ruling reaches affected applicants broadly, not just the parties to the case. This is developing news, and the government may seek a stay or appeal, so the points below reflect the ruling as issued.

What the court ruled

The case was filed on March 5, 2026, by a group of nonprofit immigration-service organizations against USCIS, USCIS Director Joseph Edlow, and the Department of Homeland Security. Judge McConnell found that the challenged policies violated the Administrative Procedure Act, holding that USCIS does not have discretion to decline to adjudicate applications at all. An indefinite, blanket hold based solely on a person's country of origin was found to be categorical and arbitrary.

Which policies were vacated

The ruling reaches the set of actions taken in late 2025 and early 2026:

The adjudication pause on immigration applications for nationals of the 39 listed countries, which had frozen green card, naturalization, and other benefit filings.
The asylum hold that halted processing of asylum claims.
The benefits re-review of immigration benefits previously granted to nationals of the 39 countries.

With these vacated, USCIS is directed to resume processing the affected applications, including scheduling naturalization ceremonies that had been put on hold.

Who this affects

If you are a national of one of the 39 countries and your case was paused, the ruling restores processing of pending filings such as Form I-130, Form I-485, Form N-400, Form I-589, and Form I-765. The list of affected countries comes from the underlying travel-ban proclamation. Our guide to which countries are restricted from US visas in 2026 covers the full list and how the proclamation works.

A practical note on timing: a vacatur takes effect when the court orders it, but USCIS needs time to update internal guidance and restart adjudications. Expect movement to be gradual rather than immediate, and watch for any stay that could pause the ruling while the government appeals.

Which visa is the best for you?Get matched with visa options based on your profile and current situation using our free tool.

Start visa match

A note from Tukki's lead immigration attorney, Dobrina Ustun

“Clients with pending green cards, work permits, adjustment of status applications, and naturalization petitions affected by these holds — this is the opening we have been waiting for. One important caveat: the government will very likely appeal this ruling to the First Circuit, and they will almost certainly seek a stay — meaning they may ask the court to pause enforcement of this decision while the appeal proceeds. That fight is coming, and we are watching it closely.”
Dobrina Ustun, Lead Immigration Attorney, Tukki

What to do if your case was paused

Check your case status. Look up your receipt number on the official USCIS Case Status Online tool to see whether USCIS has resumed movement on your file.
Confirm your filing is complete. When adjudications restart, cases that are fully documented move first. If you have an outstanding item, get it ready now.
Know your pathway. If your case involves adjustment of status, the what is Form I-485 guide and the consular processing vs. adjustment of status comparison explain the routes and where each one is processed.

This article is news coverage, not legal advice. Court rulings of this kind can change quickly on appeal, so confirm your specific situation with a licensed immigration attorney before making a decision.

Tukki is a U.S. immigration provider with licensed immigration attorneys who handle green card, work visa, and naturalization cases, with direct attorney access and full case visibility from filing through approval.

FAQs about the USCIS 39-country adjudication pause

Does the ruling apply to everyone, or only the people who sued?

Because the court vacated and set aside the policies rather than issuing relief limited to the named plaintiffs, the ruling reaches affected applicants broadly. That said, the government can ask a higher court for a stay, which would pause the effect of the ruling while an appeal is heard.

Will USCIS start processing my case right away?

Not necessarily on day one. A vacatur is effective when ordered, but USCIS needs time to update internal guidance and restart adjudications, so resumed processing tends to be gradual. Checking your case status periodically is the best way to see when your file moves.

Which countries were covered by the pause?

The pause applied to nationals of the 39 countries named in the underlying travel-ban proclamation. The list of restricted countries for 2026 has the full breakdown.

Can the government appeal this ruling?

Yes. The government can appeal and can separately request a stay to pause the ruling during the appeal. This is why the situation is still developing, and why anyone with a paused case should confirm their current status before acting.

Court vacates the USCIS 39-country adjudication pause - what the Dorcas ruling means