Federal Court Blocks USCIS’s Hold on Immigration Benefits for Some Applicants from 39-Country List — What You Need to Know

On April 30, 2026, a federal judge in Massachusetts issued a significant ruling that may affect anyone with a pending immigration benefit application in the United States. In Akmurat O. Doe et al. v. Donald J. Trump et al., Judge Julia E. Kobick found that two sweeping USCIS policies — one placing an indefinite hold on benefit applications from nationals of 39 countries and all asylum seekers (set forth in PM 602-0192 and PM 602-0194), and another treating an applicant’s nationality as a “significant negative factor” in discretionary decisions (announced in PA 2025-26) — are likely unlawful. The court ordered USCIS to immediately lift the adjudicative hold for 22 individual applicants who demonstrated concrete harm, and to stop applying the nationality-based negative factor to their adjustment of status and work authorization applications.

The court’s reasoning is just as important as the immediate result. The court concluded that the adjudicative hold violates federal statutes and USCIS’s own regulations, which require the agency to decide applications for naturalization, asylum, adjustment of status, and work authorization within the frameworks Congress established. It also found that USCIS failed to provide a reasoned explanation for the policy and failed to consider the reliance interests of thousands of applicants whose lives have been placed on indefinite hold. And it held that treating nationality as a negative factor in adjustment of status and work authorization cases violates the Immigration and Nationality Act’s prohibition on nationality-based discrimination in visa issuance.

Continue reading “Federal Court Blocks USCIS’s Hold on Immigration Benefits for Some Applicants from 39-Country List — What You Need to Know”

USCIS Provides Update on Adjudication Holds: What Foreign Nationals and Employers Need to Know

On March 30, 2026, U.S. Citizenship and Immigration Services (USCIS) published an alert providing an important update on the status of adjudication holds that have affected hundreds of thousands of pending immigration applications. If you or your employees have been waiting on a case decision, here is what you need to know.

What Happened?

Over the past year, USCIS placed holds on the processing of several categories of immigration applications as part of a broader effort to strengthen screening and vetting procedures. These holds were implemented through a series of internal policy memoranda — including PM-602-0192 and PM-602-0194 — and affected asylum applications, benefit requests from individuals born in designated high-risk countries, and diversity visa adjustment of status cases. The holds meant that many applicants — and their sponsoring employers — experienced significant delays with no clear timeline for resolution.

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What’s Changing?

The good news is that USCIS has begun selectively lifting holds on certain categories of cases. According to the March 30 alert, holds have been lifted for several groups, including petitions filed by U.S. citizens, intercountry adoption filings, certain special immigrant visa petitions, certain employment authorization document (EAD) applications, and asylum applications from individuals who are not from designated high-risk countries. USCIS also noted that cases reviewed through its enhanced background check program, known as Operation PARRIS, are being cleared for adjudication.

However, this is not a blanket resumption of processing. USCIS emphasized that it is reviewing cases on both an individual and group basis and will continue lifting holds as it deems appropriate. Many cases — particularly those involving applicants from the 39 countries identified under Executive Order 14161 as having inadequate screening and vetting standards — may remain on hold for the foreseeable future.

A Note for Asylum Applicants

While USCIS has lifted holds on asylum applications filed by individuals from non-high-risk countries, asylum applicants who are nationals of the 39 countries covered by Presidential Proclamations 10949 and 10998 should be aware that the travel ban and associated adjudication holds remain firmly in effect. These 39 countries are divided into two categories. The 19 countries subject to a full suspension of entry — meaning both immigrant and nonimmigrant visa entry is barred — are: Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Individuals traveling on Palestinian Authority-issued documents are also subject to the full suspension. The 20 countries subject to a partial suspension — barring immigrant visa entry and certain nonimmigrant visa categories — are: Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe. If you are an asylum applicant from any of these countries, your case likely remains on hold, and you should consult with an immigration attorney to understand your options.

What Should You Do?

For foreign nationals and employers with pending applications, the key takeaway is to stay informed and monitor your case status through the USCIS Case Status Online portal. If you have a pending EAD application and are experiencing delays that affect your ability to work, consult with your immigration attorney about whether your case falls within one of the categories where holds have been lifted. Employers should likewise coordinate with counsel to understand the potential impact on their workforce and to plan accordingly for continued processing delays.

We will continue to monitor developments from USCIS and provide updates as more information becomes available.

J-Visa Program Changes Now In Effect

The J-Visa International Exchange Visitor Program is designed to foster international exchange between the United States and the world. The program has categories for scholars, trainees, college interns, camp counselors, au pairs and many others. In spite of its original intentions, the program has gotten increasingly complex, expensive and difficult to use for employers and international visitors. This is due to stricter requirements and scrutiny now required of and by J-Visa program sponsors. The latest changes to go into effect now include the following: Continue reading “J-Visa Program Changes Now In Effect”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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