On June 5, 2026, a federal judge struck down the USCIS “39-country adjudication pause,” completely vacating the policy nationwide and restoring processing for impacted employees. In the highly anticipated decision, the court ruled that the government’s blanket freeze on processing applications based on an applicant’s nationality was unlawful. Because the judge issued a final order of vacatur, the underlying policies are completely nullified across the country, bringing immediate relief to thousands of foreign nationals and the employers who sponsor them. 

The court’s ruling dismantled four restrictive immigration directives that had heavily disrupted immigration benefit processing for individuals from the affected nations: The decision eliminates: 

• the “Benefits Hold” on green card (Form I-485), travel authorization (Form I-131) and work authorization (Form I-765) applications,  

• the “Global Asylum Hold,”  

• the rule requiring officers to weigh an applicant’s country of origin as a potentially “significant negative factor,” and  

• the mandate to retroactively audit previously approved cases.  

The court found that USCIS exceeded its congressional authority, noting that the policy caused severe, unjustifiable harm to local workforces, non-profits, and families. 

Action Items and Next Steps for People Ops Leaders 

• Audit Stalled Applications: Work with immigration counsel to identify all pending Forms I-485, I-131 or I-765 applications for employees originating from the 39 previously targeted nations. 

• Monitor Portals Closely: Advise impacted employees to check their USCIS online accounts regularly. Because the decision is effective immediately, employees should anticipate issuance of biometrics appointments, Requests for Evidence (RFEs), or interview notices as backlogged cases are re-activated. 

• Prepare for Potential Volatility: While the 39-country pause is now completely invalid, the Department of Homeland Security (DHS) may appeal and seek an emergency stay from a federal appeals court. A  government appeal could reinstate the processing pause with little notice. 

Meltzer Hellrung’s Perspective 

By striking down the nationality-based processing pause, the court has taken a major step toward restoring access to work/travel authorization and permanent residence for those affected by the policy. However, it is important to manage expectations regarding the speed of adjudication. Given the significant backlog generated by the administrative pause, USCIS field offices will likely experience delays as they integrate these files back into active processing queues.  

Additionally, because a DHS appeal remains a distinct possibility, employers should encourage all affected employees to move quickly on pending applications while the court decision is in effect.  

Meltzer Hellrung will continue to monitor developments on this issue and will provide updates as more information becomes available.