Recent court decisions have resulted in the suspension of several immigration policy measures that affected immigration benefit adjudications and employment-based petitions. USCIS has confirmed that the affected policies should currently be treated as not in effect while further litigation and agency review continue.

Policies Currently on Hold:

• Enhanced Screening and Vetting Reviews (PM 602-0192)

This policy allowed USCIS to place certain immigration applications and petitions on hold while conducting additional screening, vetting, and security-related reviews. The District Court of Massachusetts vacated the policy, requiring USCIS to discontinue its implementation nationwide pending further legal developments.

• Adjudication and Case Processing Restrictions (PM 602-0194 and PA 2025-26)

These policy directives established procedures for holding or delaying the adjudication of certain immigration benefit requests associated with enhanced national security review measures. The Court ordered these directives vacated, meaning they can no longer be relied upon by USCIS officers and must be treated as though they are not in effect.

• $100,000 H-1B Petition Payment Requirement

On June 8, 2026, a U.S. District Court in Massachusetts struck down the Presidential Proclamation imposing a $100,000 fee on certain newly filed H-1B petitions, ruling that it operated as a tax beyond executive authority and violated the Administrative Procedure Act. However, on June 12, 2026, the Court temporarily stayed its own decision, allowing the fee requirement to remain in effect while the government seeks appellate review. This stay will remain effective only if the government files a stay request with the U.S. Court of Appeals for the First Circuit by June 18, 2026, as expected. Until then, USCIS may continue to require the $100,000 payment for affected H-1B petitions, with further litigation still pending.

Why Are These Policies on Hold?

The courts determined that the government exceeded its legal authority in implementing these measures and, in certain instances, failed to comply with required administrative procedures. As a result, the affected policies have been vacated and are currently unenforceable. USCIS has stated that updated guidance will be issued as litigation progresses, and stakeholders should continue monitoring agency announcements for further developments.

Explore More:

106 2026.06.08 Order on summary judgment_0.pdf | Mass.gov

Court Order on Hold Policies | USCIS