Policy & Processing Updates
The country-based hold policies described on this page were struck down by a federal court in June 2026. Here is what happened and where it stands now.
These hold policies are no longer in effect
On June 5, 2026, the U.S. District Court for the District of Rhode Island vacated USCIS policy memoranda PM-602-0192, PM-602-0194 and PA-2025-26 in Dorcas International Institute of Rhode Island v. USCIS. Final judgment was entered on June 11, 2026. USCIS states the vacatur applies agency-wide and that these policies “should be treated as if they are not in effect.”
USCIS appealed to the U.S. Court of Appeals for the First Circuit (No. 26-1703) on June 12, 2026. On July 15, 2026 the court denied a stay pending that appeal, so the vacatur stands and the memoranda remain unenforceable while the appeal proceeds. USCIS says it will issue updated instructions, so this may change again.
Separately, the court order did notstop USCIS’s broader screening and vetting changes. These continue:
- Shortened validity periods for certain Employment Authorization Documents
- Expanded social media and financial vetting, and community interviews
- Additional identity verification, including biometric checks when reusing fingerprints
- Department of State Consular Consolidated Database checks before final adjudication
What this page was: a detailed explanation of those hold policies while they were active. Now that they are vacated, that detail has been removed rather than left to mislead. What remains is what is still true.
Read the USCIS alert on the court order →While these memoranda were in force, USCIS applied internal guidance that affected how certain immigration benefit requests were processed, including employment-based petitions like Form I-140 (EB-1A and EB-2 NIW). In some cases USCIS continued processing a filing but paused issuing a final decision while additional screening and review took place. Following the June 2026 vacatur, that hold-and-review framework is no longer in effect.
What this means for applicants today
The country-based adjudicative holds are not currently being applied
Enhanced screening and vetting continues, so individual timelines can still vary
Eligibility requirements for EB-1A and EB-2 NIW have not changed, and were not changed by these memoranda
The appeal is pending, so check the USCIS alert above for the current position before relying on this page
Check your eligibility
Take our AI-powered diagnostic for a scored breakdown of your EB-1A or EB-2 NIW case against the statutory criteria.
Read the vacated memo
PM-602-0194, for reference. It was vacated by court order in June 11, 2026 and USCIS says it should be treated as not in effect.
Visit USCISNote: This page provides general information based on publicly available USCIS policy guidance and does not constitute legal advice. Exelita is not a law firm. Immigration policy changes, and this page may lag it — verify anything you rely on against USCIS or a licensed immigration attorney.
Last reviewed: July 31, 2026
How this affects EB-1A and EB-2 NIW cases
If you are pursuing EB-1A or EB-2 NIW, it's important to separate two things: whether you qualify under the law, and how USCIS processes your case. These memoranda never changed the legal standards — they changed the timeline and processing experience while they were in force.
What Stays the Same
The Law
The legal eligibility requirements for EB-1A and EB-2 NIW
The evidence-based nature of the petition
The need for strong documentation and credible supporting materials
USCIS's authority to request additional information when needed
What May Change
The Process
Final decisions may be delayed due to an adjudicative hold
Cases may receive additional screening and identity verification
Interviews may be required in situations that are otherwise uncommon
Directed re-review of certain approvals issued on or after Jan 20, 2021 (vacated)
Processing timelines may become less predictable
What this means for applicants using Exelita
If you are impacted by this policy, you may still be eligible and can still file a strong petition. However, you should plan for additional review steps. Exelita's goal is to help you stay organized and prepared across both eligibility and processing expectations.
What USCIS still prioritizes
The court order vacated the country-based holds. It did not touch USCIS’s wider screening and vetting work, which continues: enhanced checks focused on national security, public safety, and identity verification. This is the part still worth preparing for.
Security and screening indicators
Checks for records or indicators connected to national security screening systems that may require resolution.
National security-related inadmissibility
Review of concerns connected to prohibited activities or associations referenced in immigration law.
Criminal or public safety concerns
Review of information suggesting prior involvement in criminal activity or conduct presenting a public safety concern.
Identity verification
Verification of identity through reliable documentation, specifically addressing potential inconsistencies in civil records.
Why identity documentation can become a bigger factor
USCIS notes that for certain countries, civil documentation systems may present challenges such as limited birth registration or inconsistent records. For this reason, passports and civil documents may be reviewed more carefully.
What applicants can do (Practical Preparation)
Consistent identity information across all filings
Clear, legible civil documents and certified translations
A well-organized evidence package with traceable sources
A petition record that is coherent and easy to verify
Exelita helps structure your petition materials clearly so that your case is easier to review and validate.
What Exelita is doing differently
USCIS processing policies can change how cases move through review. Exelita is designed to help you stay prepared, organized, and informed so you can navigate the process with clarity.
Clear eligibility guidance
Exelita helps you evaluate your EB-1A or EB-2 NIW pathway by focusing on the requirements and evidence that matter.
Realistic expectations
Exelita’s Eligibility Diagnostic scores your case against the statutory criteria and shows where your evidence is strong or thin. It does not predict processing times — those depend on USCIS workload and policy we do not control.
Review-ready preparation
Exelita helps you organize achievements and evidence into a structured, credible petition record that is easier to review and validate.
For users who may be affected by additional review:
Exelita encourages an additional preparation layer focused on time-sensitive U.S. impact to support clearer case narratives:
- Why your work matters now.
- Who in the U.S. depends on your work.
- What happens if the work is delayed.
What this means for you
- Understand your likely pathway before investing heavily.
- Build a clearer evidence record.
- Reduce uncertainty by aligning preparation with current realities.
- Move forward with documentation readiness.
Important: Exelita provides structured guidance and preparation tools. It does not provide legal advice and is not a substitute for an immigration attorney.
Your next step
If you're pursuing EB-1A or EB-2 NIW, the best first step is clarity. Exelita's Eligibility Diagnostic helps you understand both your immigration pathway and what to expect in processing.
- A personalized EB-1A / EB-2 NIW eligibility score
- A criterion-by-criterion breakdown of your evidence
- A clearer view of what to prepare next, including evidence and narrative readiness
Takes 3–5 minutes. Clear guidance based on your profile.
Exelita helps you prepare and organize your case. It does not provide legal advice.