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USCIS 39-COUNTRY PAUSE RULING
Contributor
Tukki
Reading time
5 mins read
Date published
Jun 10, 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 the difference between the O-1A and O-1B visa?
The O-1A is for individuals with extraordinary ability in the sciences, education, business, or athletics.
The O-1B is for those with extraordinary ability in the arts, or extraordinary achievement in film and television.
While the two categories share similar criteria, the type of evidence required differs based on the field.
In some cases, applicants may qualify under both categories—for example, a marketing professional whose work combines both business and artistic elements.
What are the typical questions in the O-1 consular interview?
Questions vary, but the most common is: “Tell me why you are extraordinary?” Be ready with a concise summary of your accomplishments.
This is the time to confidently highlight your achievements, not to be modest.
You should also be prepared to explain the details of your U.S. job—your duties, employer, compensation, and location.
Can I stay 6 months in the USA on a tourist visa every time I visit?
Your I-94 determines your allowed stay, not a blanket rule. While six months is the maximum for B1/B2 visitors, CBP officers can and do grant shorter periods based on your travel purpose and history.
Repeatedly staying close to the maximum raises red flags and can lead to shorter admissions or entry denials on future trips.
What is the cheapest US work visa to apply for?
The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.
However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.
The cheapest overall cost depends on both the filing fees and the complexity of your particular case.
Can an employee switch from L-1B to L-1A status?
Yes. If a beneficiary's role evolves from specialized knowledge work into a managerial or executive position, the employer can file a new Form I-129 petition to change the classification from L-1B to L-1A.
USCIS will evaluate the new role on its own merits, so the petition must demonstrate that the position genuinely meets the managerial or executive standard.
A successful reclassification carries two benefits.
First, the maximum stay extends to seven years (minus any time already spent in L status).
Second, the employee gains access to the EB-1C green card category, which can reshape the entire permanent residence timeline.
For companies that promote intracompany transferees into leadership, this switch is worth building into workforce planning.
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