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USCIS 39-COUNTRY PAUSE RULING
Contributor
Tukki
Reading time
5 mins read
Date published
Jun 5, 2026
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.
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.
The ruling reaches the set of actions taken in late 2025 and early 2026:
With these vacated, USCIS is directed to resume processing the affected applications, including scheduling naturalization ceremonies that had been put on hold.
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.

“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
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.
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.
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.
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.
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.
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Find quick answers to frequent visa questions from our legal experts
What is evidence of approved I-129 status?
When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.
This approval notice serves as official evidence of the approved I-129 status.
The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.
Are immigration consultations free?
Some attorneys offer free initial consultations, especially for employment-based cases. Others charge $200 to $400 for a paid consultation. Either is normal. A paid consultation often goes deeper into your case than a free one.
With Tukki, your first consultation is free — you can schedule a call with our team to get started.
What happens if I am denied entry at the U.S. border?
If a Customs and Border Protection (CBP) officer denies you entry, you may be returned immediately to your country of origin.
In some cases, they may cancel your visa. This can have consequences for future applications, depending on the reason for denial.
What happens if the offered wage is below the prevailing wage?
DOL won't certify the LCA, and without a certified LCA the H-1B petition can't move forward. If a defective LCA somehow slipped through and you're already working below the prevailing wage, the employer is on the hook for back wages, civil penalties, and possibly debarment from future H-1B filings.
The DOL Wage and Hour Division handles these complaints, and beneficiaries can report violations directly.
Does the $100,000 proclamation fee apply to H-1B extensions?
No. The $100,000 fee introduced by Presidential Proclamation 10973 applies only to new H-1B petitions that require consular processing. It doesn't apply to extensions with the same employer or to change-of-status filings where the beneficiary is already in the U.S.
The fee is currently under legal challenge, with three lawsuits pending as of early 2026.
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