Federal Court Strikes Down USCIS Adjudication Hold for Travel Ban Countries
Overview
On June 5th, a federal district court in Rhode Island struck down the US Citizenship and Immigration Services’ (USCIS) policy of suspending adjudications of immigration benefit requests for foreign nationals from the 39 countries subject to the current travel ban. The court found the policies unlawful under the Administrative Procedure Act, ruling that federal law requires the USCIS to adjudicate applications in regular order and that nationality alone cannot be used as grounds to indefinitely suspend processing. The court also vacated related policies requiring adjudicators to treat travel ban nationality as a negative factor in discretionary decisions, and requiring re-review of benefits approved on or after January 20, 2021. The ruling applies nationally.
Background
The policies have been in place since late 2025 and were expanded in January 2026 when the travel ban was broadened to its current scope. They impacted nearly all USCIS benefit categories, including H-1B, L-1, O-1, and other nonimmigrant petitions, I-140 immigrant petitions, adjustment of status, EAD, and advance parole applications. Affected foreign nationals include those born in or nationals of the following 39 countries:
Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, Republic of Congo, Cote d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.
The ruling also applies to foreign nationals traveling on Palestinian Authority issued or endorsed travel documents.
What Happens Next
The Trump Administration is expected to appeal promptly and may request an emergency stay. If a stay is granted, the USCIS could reinstate the hold during the appeals process with little notice. We are monitoring developments closely and will update you as the situation evolves.
What This Means for Our Clients
As a result of this ruling, the USCIS should resume normal adjudication of pending benefit requests for foreign nationals from travel ban countries, and nationality alone should no longer be treated as a negative factor in discretionary decisions. Employees whose petitions or applications were on hold may see movement on their cases. Please contact our office with any questions about how this may affect your employees.