Court Block Restrictions

Federal Court Blocks Certain USCIS Restrictions Affecting Nationals of Travel-Restricted Countries

Maggio Kattar

A federal court blocked several U.S. Citizenship and Immigration Services (USCIS) policies that had expanded the impact of the Trump Administration’s travel restrictions on foreign nationals from designated countries.  The decision will result in the resumption of processing for certain immigration benefit applications that had been delayed or subjected to additional review by USCIS. However, the ruling does NOT eliminate the underlying travel restrictions or visa issuance restrictions that continue to affect many foreign nationals abroad.

What Did USCIS Do?

USCIS implemented several policies that affected immigration benefits filed within the United States.

Among other things, USCIS:

  • Paused adjudication of certain immigration benefit applications and petitions;
  • Suspended adjudication of certain asylum-related applications;
  • Re-opened and re-reviewed previously approved immigration benefits;
  • Applied additional scrutiny to applicants from designated countries; and
  • Directed officers to consider country-specific concerns as a factor in discretionary adjudications.

As a result, some foreign nationals experienced lengthy delays in applications that had otherwise been properly filed and were awaiting adjudication.

What Did the Federal Court Decide?

In Dorcas v. USCIS, the federal court concluded that USCIS exceeded its authority when implementing these policies.

The court vacated four USCIS policies commonly referred to as:

  • The Benefits Hold Policy;
  • The Global Asylum Hold Policy;
  • The Comprehensive Re-Review Policy; and
  • The Country-Specific Factors Policy.

The court found that USCIS lacked legal authority for several of these actions and had failed to comply with requirements governing federal agency decision-making.  As a result, USCIS may no longer rely on these policies to delay, suspend, or subject applications to additional review solely because an applicant is from a country covered by the travel restriction proclamations.

What Does This Mean for Employers?

For employers, the most significant impact is that USCIS should resume adjudicating immigration benefit requests without applying the now-vacated policies.  This may affect a wide range of filings, including:

  • H-1B petitions and extensions;
  • L-1 petitions and extensions;
  • O-1 petitions;
  • Employment authorization applications;
  • Adjustment of Status applications; and
  • Other immigration benefits adjudicated by USCIS.

Employers with foreign national employees from affected countries should monitor pending cases that may have been delayed under the challenged policies and consult counsel regarding any case-specific impacts.

What Does This Mean for Foreign Nationals?

Foreign nationals from countries covered by the travel restriction proclamations may benefit from the court’s decision if they have pending applications with USCIS that were delayed or subjected to heightened review. The ruling may allow USCIS to move forward with adjudication of applications that had been paused under the challenged policies.  However, the decision does not guarantee approval of any application and does not eliminate other admissibility, eligibility, or security-related requirements.

What Has Not Changed?

The court’s decision is limited to certain USCIS policies.  The decision also does not affect the Department of State’s separate January 2026 visa issuance restrictions applicable to nationals of designated countries. Those restrictions are the subject of separate litigation.

As a result:

  • Visa issuance restrictions at U.S. consulates abroad may still apply;
  • Entry restrictions may still apply;
  • Consular processing may continue to be impacted; and
  • International travel remains a significant consideration for affected foreign nationals.

Individuals from impacted countries should continue to seek case-specific guidance before departing the United States or making international travel plans.

Key Takeaway

The court’s decision does not eliminate the travel restrictions currently affecting nationals of designated countries. Instead, it limits USCIS’s ability to expand those restrictions to immigration benefit applications filed within the United States.  For employers and foreign nationals with pending USCIS applications, the ruling may remove a significant source of delays and additional scrutiny. However, visa issuance and travel restrictions remain in effect and continue to require careful planning and individualized analysis.