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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On June 5, the U.S. District Court for the District of Rhode Island issued a significant <a href="https://www.bloomberglaw.com/public/desktop/document/DorcasInternationalInstituteofRhodeIslandetalvUnitedStatesCitizen/2?doc_id=X1VPC8LP8V396AA577MQEI50QFS" target="_blank" rel="noreferrer noopener">ruling</a> vacating four USCIS policies that had indefinitely <a href="https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf" target="_blank" rel="noreferrer noopener">suspended the adjudication of immigration benefit requests</a> for individuals from 39 countries designated under the presidential travel ban. This ruling could allow affected benefits requests, including green card, employment authorization, and other types of applications before the Department of Homeland Security, to proceed. We expect the government to appeal the ruling and provide further guidance in coming days and weeks.

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President Trump issued two proclamations restricting entry into the United States for individuals from <a href="https://www.cnn.com/2025/12/16/politics/travel-ban-trump-expands-countries" target="_blank" rel="noreferrer noopener">39 countries</a> whose vetting and screening practices were deemed deficient. USCIS subsequently implemented a series of sweeping internal policy changes in November and December 2025 citing the proclamations and suspending processing and implementing additional review in cases involving those 39 countries.

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In a federal lawsuit, a coalition of nonprofit organizations and labor unions challenged the policies, which are summarized below:

Global asylum hold policy. USCIS halted all adjudications of requests for asylum and withholding of removal, regardless of the applicant’s country of origin.

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Benefits hold policy. USCIS placed a hold on all pending benefit requests – including applications for adjustment of status, employment authorization, and naturalization – for individuals from the travel ban countries. This included applications for professionals, including physicians, researchers, and other critical workers.

Comprehensive re-review policy. USCIS directed its personnel to conduct a comprehensive re-review of all previously approved benefit requests for individuals from travel ban countries who entered the United States on or after January 20, 2021.

Country-specific factors policy. USCIS amended its policy manual to instruct adjudicators to consider “country-specific factors such as those specified in [the travel ban] as significant negative factors in the adjudication of discretionary benefit requests.”

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The court granted the plaintiffs vacatur of all four challenged policies in their entirety, as well as a declaratory judgment that the policies are unlawful.

Possible Impact for Employers and Stakeholders

Immediate impact on pending applications. The vacatur of the challenged policies means that USCIS’s holds on adjudications of immigration benefit applications for nationals of the 39 travel ban countries, as well as the global asylum hold, should no longer be in effect. Employers and applicants with pending cases should monitor USCIS for updated processing guidance in light of this ruling.

Implications for the comprehensive re-review policy. The decision removes USCIS’s authority to conduct blanket re-reviews of previously approved benefits on the basis of an applicant’s country of origin. Individuals who have already obtained green cards, work permits, or other benefits should not be subject to the mass reconsideration program going forward.

Reinforcement of anti-discrimination protections. The court’s holding that 8 U.S.C. § 1152(a)(1)(A) bars nationality-based discrimination in the processing of adjustment of status and employment authorization applications provides an important check on future attempts to use country of origin as a basis for differential treatment in domestic benefits processing.

The ultimate effect of this significant decision is unclear, as additional litigation and further guidance are likely. Employers, immigration practitioners, and affected individuals should consult with counsel regarding the status of pending applications and the practical implications of this decision as implementation unfolds.

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This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

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https://admin.thompsonhine.com/wp-content/uploads/2026/06/Immigration-Update-Court-Vacates-USCIS-Policies-Affecting-Nationals-of-39-Countries.pdf

Court Vacates USCIS Policies Affecting Nationals of 39 Countries

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