U.S. Citizenship and Immigration Services (USCIS) has resumed processing certain immigration benefit applications for nationals of 39 designated countries following a federal court order in Dorcas v. USCIS. The development comes after the court vacated several USCIS policy memoranda that had contributed to significant delays and heightened review for many pending immigration cases.
Although this ruling is an important development for affected applicants and employers, it is not a complete reversal of the underlying travel and visa restrictions. USCIS has appealed the decision, and several related restrictions remain in effect.
Background: What Happened?
In response to presidential proclamations restricting travel and visa issuance for nationals of certain countries, USCIS implemented several policies that expanded the impact of those restrictions to immigration benefit applications filed within the United States.
These policies led to delays in the processing of many applications, including green card applications, work permit applications, asylum-related filings, and certain employment based petitions. In some cases, USCIS paused adjudications, reopened previously approved cases for additional review, or applied heightened scrutiny based on an applicant’s country of nationality.
On June 12, 2026, USCIS issued an alert confirming that, pursuant to the court’s order and a subsequent compliance order, it would resume processing affected applications. That same day, USCIS filed an appeal of the court’s decision.
What Did the Court Decide?
In Dorcas v. USCIS, the federal court found that USCIS exceeded its authority when implementing several policies connected to the travel restriction proclamations.
The court vacated USCIS policies commonly referred to as the:
- Benefits Hold Policy
- Global Asylum Hold Policy
- Comprehensive Re-Review Policy
- Country-Specific Factors Policy.
As a result, USCIS may no longer rely on these policies to delay, suspend, reopen, or subject applications to additional review solely because the applicant is a national of a country covered by the travel restriction proclamations.
Importantly, the court’s order requires USCIS to process affected applications. It does not require USCIS to approve them. Applicants must still meet all eligibility requirements, and USCIS may still consider admissibility, security, discretionary, and case-specific factors where legally permitted.
What This Means for Employers
For employers, the ruling may help move forward immigration cases that were previously delayed under the now-vacated USCIS policies.
This may include, depending on the case:
- H-1B petitions and extensions
- L-1 petitions and extensions
- O-1 petitions
- Employment authorization applications
- Adjustment of status applications
- Other USCIS benefit requests.
Employers with foreign national employees from impacted countries should review pending cases that may have been delayed and consult immigration counsel regarding next steps. While processing may resume, timelines may still vary, and the government’s appeal could affect future developments.
What This Means for Foreign Nationals
Foreign nationals from designated countries may benefit from this ruling if they have pending applications with USCIS that were paused, delayed, reopened, or subjected to additional review under the challenged policies.
The ruling may allow USCIS to move forward with applications that had been stalled. However, it does not guarantee approval, and it does not eliminate other legal requirements. Applicants must still demonstrate that they qualify for the benefit requested.
Affected individuals should also be cautious about international travel. Travel restrictions, visa issuance limitations, and other related policies may still apply.
What Has Not Changed?
The court’s decision is limited to certain USCIS policies affecting applications filed or adjudicated within the United States.
The decision does not eliminate the underlying travel restrictions. It also does not resolve separate visa issuance restrictions that may apply at U.S. consulates abroad. As a result, foreign nationals may still face obstacles when applying for visas overseas or attempting to reenter the United States after international travel.
Consular processing may also continue to be affected by separate Department of State policies and related litigation.
Because of these ongoing restrictions, affected foreign nationals should seek individualized legal advice before leaving the United States or making international travel plans.
Key Takeaway
The Dorcas v. USCIS decision limits USCIS’s ability to use certain travel-ban-related policies to delay or heighten review of immigration benefit applications filed within the United States. This may remove a significant source of delay for many employers and foreign nationals with pending USCIS filings.
However, the decision does not eliminate travel bans, visa issuance restrictions, or other eligibility requirements. USCIS has also appealed the ruling, meaning the legal landscape may continue to change.
Employers and foreign nationals impacted by these developments should carefully monitor pending cases and consult immigration counsel for case-specific guidance.
