What is a visa sponsorship? An employer's guide to employment-based sponsorship
11 mins read | Jun 9, 2026
USCIS 39-COUNTRY PAUSE RULING
Contributor
Tukki
Reading time
5 mins read
Date published
Jun 10, 2026
On June 5, 2026, U.S. District Judge John McConnell ruled in Dorcas International Institute of Rhode Island v. USCIS that the policies pausing immigration adjudications for nationals of 39 countries are unlawful, and vacated them. Because the court vacated and set the policies aside rather than limiting relief to the named plaintiffs, the ruling reaches affected applicants broadly, not just the parties to the case. This is developing news, and the government may seek a stay or appeal, so the points below reflect the ruling as issued.
The case was filed on March 5, 2026, by a group of nonprofit immigration-service organizations against USCIS, USCIS Director Joseph Edlow, and the Department of Homeland Security. Judge McConnell found that the challenged policies violated the Administrative Procedure Act, holding that USCIS does not have discretion to decline to adjudicate applications at all. An indefinite, blanket hold based solely on a person's country of origin was found to be categorical and arbitrary.
The ruling reaches the set of actions taken in late 2025 and early 2026:
With these vacated, USCIS is directed to resume processing the affected applications, including scheduling naturalization ceremonies that had been put on hold.
If you are a national of one of the 39 countries and your case was paused, the ruling restores processing of pending filings such as Form I-130, Form I-485, Form N-400, Form I-589, and Form I-765. The list of affected countries comes from the underlying travel-ban proclamation. Our guide to which countries are restricted from US visas in 2026 covers the full list and how the proclamation works.
A practical note on timing: a vacatur takes effect when the court orders it, but USCIS needs time to update internal guidance and restart adjudications. Expect movement to be gradual rather than immediate, and watch for any stay that could pause the ruling while the government appeals.

“Clients with pending green cards, work permits, adjustment of status applications, and naturalization petitions affected by these holds — this is the opening we have been waiting for. One important caveat: the government will very likely appeal this ruling to the First Circuit, and they will almost certainly seek a stay — meaning they may ask the court to pause enforcement of this decision while the appeal proceeds. That fight is coming, and we are watching it closely.”
Dobrina Ustun, Lead Immigration Attorney, Tukki
This article is news coverage, not legal advice. Court rulings of this kind can change quickly on appeal, so confirm your specific situation with a licensed immigration attorney before making a decision.
Tukki is a U.S. immigration provider with licensed immigration attorneys who handle green card, work visa, and naturalization cases, with direct attorney access and full case visibility from filing through approval.
Because the court vacated and set aside the policies rather than issuing relief limited to the named plaintiffs, the ruling reaches affected applicants broadly. That said, the government can ask a higher court for a stay, which would pause the effect of the ruling while an appeal is heard.
Not necessarily on day one. A vacatur is effective when ordered, but USCIS needs time to update internal guidance and restart adjudications, so resumed processing tends to be gradual. Checking your case status periodically is the best way to see when your file moves.
The pause applied to nationals of the 39 countries named in the underlying travel-ban proclamation. The list of restricted countries for 2026 has the full breakdown.
Yes. The government can appeal and can separately request a stay to pause the ruling during the appeal. This is why the situation is still developing, and why anyone with a paused case should confirm their current status before acting.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
How much does it cost to add a spouse or child?
Each H-4 dependent files Form I-539 with a $470 paper or $420 online fee. If a spouse qualifies for an H-4 EAD, that adds a $520 I-765 fee per renewal cycle.
Most H-4 filings are paid out of pocket by the family.
Does a criminal record automatically disqualify you from getting a visa?
No. The impact of a criminal record on your visa application depends on the type of offense, severity, and number of convictions. A single minor offense may fall under the petty offense exception, while controlled substance violations are treated much more strictly.
The consular officer will ask about arrests and convictions, so full disclosure is always the better strategy.
How many of the 8 O-1A visa criteria do I need to meet?
You need to meet at least 3 of the 8 criteria with well-documented evidence. Meeting more than 3 strengthens your petition, but 3 is the minimum.
The quality of your evidence matters as much as the number of criteria you satisfy. A strong petition with 3 well-supported criteria can be more persuasive than a weak case claiming 5.
What's the difference between an L-1A executive and a manager?
An L-1A manager either supervises professional or supervisory staff (personnel manager) or manages an essential function (function manager).
An L-1A executive directs the management of the organization or a major component, makes wide-latitude decisions with limited oversight, and establishes goals and policies.
The executive role requires broader authority and a higher position in the organizational hierarchy.
Are immigration consultations free?
Some attorneys offer free initial consultations, especially for employment-based cases. Others charge $200 to $400 for a paid consultation. Either is normal. A paid consultation often goes deeper into your case than a free one.
With Tukki, your first consultation is free — you can schedule a call with our team to get started.
Other blogs for every step of your visa journey
What is a visa sponsorship? An employer's guide to employment-based sponsorship
11 mins read | Jun 9, 2026
Types of U.S. work visas for immigrants - a guide to employment-based visas
9 mins read | Jun 8, 2026
USCIS case status - how to check, what each status means, and what to do next
9 mins read | Jun 7, 2026