In a rebuke of recent USCIS immigration policies, a federal district court in Rhode Island vacated four agency policies that effectively suspended adjudication of thousands of immigration benefit requests. The June 5, 2026, decision in Dorcas International Institute of Rhode Island v. USCIS found that the policies exceeded USCIS’s statutory authority and violated the Administrative Procedure Act (APA). As a result, USCIS may no longer rely on these policies to halt adjudications of asylum applications, adjustment of status applications, employment authorization requests, naturalization applications, and other immigration benefits.

The ruling represents a judicial setback to the administration’s recent immigration enforcement initiatives and may serve as a reminder that, by law, immigration agencies cannot fundamentally alter congressionally created immigration processes through internal policy memoranda alone.

Which Policies Did the Court Strike Down?

The court invalidated four separate USCIS policies implemented in late 2025 and early 2026.

1. Benefits Hold Policy

This policy directed USCIS officers to suspend adjudication of immigration benefits filed by nationals of countries subject to the administration’s travel restrictions. Affected benefits reportedly included adjustment of status applications, employment authorization documents (EADs), naturalization applications, travel documents, and other immigration benefits. The policy had notable consequences for nationals of countries that had been designated under the administration’s travel and visa restrictions. While the list evolved over time, impacted countries included Afghanistan, Myanmar (Burma), Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen, among others. For some individuals from these countries, the impact extended well beyond international travel. Immigration benefits that often serve as a pathway to long-term stability in the United States — including adjustment of status, employment authorization, asylum, and naturalization — were effectively placed in limbo, creating uncertainty for families, employers, universities, healthcare institutions, and communities nationwide.

2. Global Asylum Hold Policy

USCIS also imposed a nationwide pause on adjudication of asylum and withholding applications, regardless of the applicant’s nationality.

3. Comprehensive Re-Review Policy

The agency instructed officers to revisit and re-review certain previously approved immigration benefits involving nationals of designated countries, creating uncertainty even for individuals who had already received favorable decisions.

4. Country-Specific Factors Policy

USCIS amended its guidance to instruct adjudicators to treat country-specific concerns associated with certain nationalities as a negative factor in discretionary immigration decisions.

The court concluded that all four policies were contrary to law and arbitrary and capricious under the APA.

Why This Decision Matters

Though the decision directly affects applicants from the countries targeted by the travel restrictions, its importance extends beyond those individuals. At its core, the case addresses a fundamental question: Can USCIS simply stop adjudicating immigration benefits that Congress has authorized? The court ruled that the answer is no.

Immigration statutes generally require USCIS to adjudicate applications and petitions filed under the immigration laws. While the agency has broad authority to approve or deny cases based on eligibility requirements, it does not have unlimited authority to place entire categories of applications into indefinite limbo based solely on an applicant’s nationality, country of birth, or generalized policy concerns. The court emphasized that applicants had followed the legal processes established by Congress and USCIS itself yet were left waiting indefinitely for decisions based on factors unrelated to their individual eligibility. In doing so, the decision reinforced a fundamental principle of administrative law: agencies must exercise the authority Congress granted them, but they may not create new barriers or suspend statutory processes absent clear legal authorization.

Implications for Employers

For employers, the practical consequences of these policies were notable. Foreign nationals whose adjustment applications, EAD renewals, or other immigration benefits were placed on hold often faced uncertainty regarding work authorization, international travel, onboarding, promotions, and long-term workforce planning. Universities, healthcare organizations, research institutions, technology companies, and multinational employers were impacted because many employees, researchers, physicians, and students originated from countries subject to the restrictions. If the court’s ruling remains in place, employers may begin to see movement on long-stalled applications and employment authorization requests. This could provide more predictability for workforce planning and immigration compliance.

At the same time, employers should remain cautious. USCIS has not yet issued comprehensive guidance regarding implementation of the decision, and the government may seek a stay pending appeal. As with many major immigration rulings, the litigation may continue even after the district court’s decision.

An Important Limitation: The Decision Does Not Eliminate Travel Restrictions or Guarantee Visa Issuance Abroad

It is important to understand what the decision does — and does not — do.

The policies the court vacated were USCIS adjudication policies. They governed how USCIS processed applications and petitions within its jurisdiction, including adjustment of status applications, employment authorization requests, naturalization applications, asylum applications, and other immigration benefits. The decision does not invalidate the underlying travel restrictions themselves, nor does it directly affect visa issuance decisions made by the U.S. Department of State at consulates and embassies abroad. As a result, individuals pursuing adjustment of status in the United States may see the most immediate benefit from the ruling, as USCIS should now resume adjudicating applications that may have been placed on hold under the challenged policies.

For individuals pursuing immigrant visa processing abroad, the impact may be more limited. If USCIS had delayed adjudication of an underlying petition because the beneficiary was from one of the affected countries, that obstacle should now be removed. However, once a case reaches the National Visa Center and a U.S. consulate, applicants may still encounter travel restrictions, enhanced vetting requirements, administrative processing, or other visa issuance limitations arising from separate presidential actions or Department of State policies. In other words, the court’s decision restores USCIS’s obligation to adjudicate immigration benefits, but it does not guarantee that a visa will be issued overseas or eliminate other restrictions that may apply to nationals of designated countries.

What Happens Next?

The decision vacated the policies themselves rather than merely prohibiting their enforcement against specific plaintiffs. That distinction is important. Vacatur under the APA generally means the challenged agency actions are set aside and may no longer be relied upon while the decision remains in effect. As a result, affected applications should return to normal adjudication processes unless a higher court intervenes.

However, litigation may not be over. The government may appeal the decision and seek a stay that would temporarily restore the policies while appellate review proceeds. USCIS may also explore alternative approaches to implementing its national security objectives that attempt to address the legal deficiencies identified by the court.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.