• Insights

United States: Appeals Court Allows USCIS to Re-Review Certain Approved Immigration Benefits While Litigation Continues

August 17, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The First Circuit Court of Appeals has issued an order that permits U.S. Citizenship and Immigration Services to resume a policy of re-reviewing approved immigration benefits for foreign nationals from travel ban countries who entered the United States on or after January 20, 2021, while litigation challenging the policy continues.
  • The appeal decision follows a June federal district court decision that vacated a set of USCIS adjudication policies being applied to nationals from travel ban countries, but the other policies – including a benefit adjudication pause for foreign nationals from travel ban countries -- remain vacated.

The issue

The First Circuit Court of Appeals has partially stayed a June federal district court decision on USCIS adjudication policies, meaning U.S. Citizenship and Immigration Services is now permitted to resume re-reviewing approved immigration benefits for foreign nationals from a travel ban country if the foreign national entered the United States on or after January 20, 2021.

This policy had been introduced in late 2025, but was vacated as unlawful in June 2026 by a federal district court, along with a set of other USCIS adjudication policies. The government appealed the district court decision, and on August 14, the appeals court issued a partial stay of the lower court decision, ordering that USCIS can resume only the re-review policy while the appeal continues; the agency cannot resume implementing the other policies, which remain vacated. The appeals case is Dorcas Intl. Institute of Rhode Island v. USCIS, Docket No. 26-01703 (1st Cir., filed June 12, 2026).

Background

The full range of USCIS adjudication policies at issue were first implemented late last year and were expanded in January 2026, after the travel ban was expanded to its current scope. The specific policies implemented by USCIS were:

  • Re-review of approved immigration benefits for foreign nationals from travel ban jurisdictions if the benefit was either approved on or after January 20, 2021, or where the foreign national had entered the United States on or after January 20, 2021;
  • The suspension of adjudications of immigration benefits applications filed on behalf of foreign nationals from travel ban countries and areas;
  • Treating foreign nationals being from a travel ban country or area as a negative factor in the adjudication of discretionary benefit applications; and
  • Suspension of asylum application adjudications.

The First Circuit Court of Appeals decision allows USCIS to resume only the first-listed policy. The other three policies remain vacated.

The first three policies impacted almost all types of USCIS benefits requests and applied to foreign nationals with Palestinian Authority travel documents or who were born in or are nationals of the following 39 countries currently subject to a full or partial travel ban:

Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, Republic of Congo, Cote d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.

A coalition of nonprofit organizations and labor unions challenged the above USCIS policies in federal district court. On June 5, 2026, the U.S. District Court for the District of Rhode Island issued an order declaring the policies unlawful under the Administrative Procedure Act and setting them aside on that basis. The district court case is Dorcas Intl. Institute of Rhode Island v. USCIS, Case No. 1:26-cv-00132 (D.R.I., filed March 5, 2026). 

On June 12, the government filed an appeal of the district court decision with the First Circuit Court of Appeals, seeking a stay of the lower court ruling pending appeal. On August 14, the appeals court upheld the district court order as to all of the USCIS policies, except the policy permitting USCIS re-review of approved immigration benefits for a subset of foreign nationals from travel ban countries, as noted above. As a result of the August 14 order, USCIS will be permitted to resume that one policy while the appeal process continues. The agency continues to be barred from resuming the other vacated policies – including the suspension of adjudications for foreign nationals from travel ban countries and the treating of being from a travel ban country as a negative factor in discretionary adjudications.

What the court ruling means

As a result of the First Circuit’s partial stay, foreign nationals from travel ban countries who entered the United States on or after January 20, 2021 (and possibly those who entered before that date but who have had an immigration benefit approved on or after that date) may be subject to a re-review of their benefit approval. Foreign nationals who receive correspondence from USCIS that appears to relate to a re-review should consult with immigration counsel.

Fragomen will continue to monitor litigation surrounding these policies and provide updates as warranted.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
November 6, 2026 | Saudi ArabiaSaudi Arabia: Temporary Regularization Initiative for Certain Yemeni Nationals
November 6, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 6, 2026 | CanadaCanada: Longer Employment Duration and Expanded Access Under Temporary Foreign Worker Program Low-Wage Stream
November 6, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 6, 2026 | Saudi ArabiaSaudi Arabia: Pre-Travel Registration Now Possible for Land Border Arrivals, with Process to Become Mandatory in 2027
November 6, 2026 | Saudi ArabiaSaudi Arabia: Temporary Regularization Initiative for Certain Yemeni Nationals
November 6, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 6, 2026 | CanadaCanada: Longer Employment Duration and Expanded Access Under Temporary Foreign Worker Program Low-Wage Stream
November 6, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 6, 2026 | Saudi ArabiaSaudi Arabia: Pre-Travel Registration Now Possible for Land Border Arrivals, with Process to Become Mandatory in 2027
November 6, 2026 | Saudi ArabiaSaudi Arabia: Temporary Regularization Initiative for Certain Yemeni Nationals
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.