Federal Courts Issue Significant Rulings Affecting Recent Immigration Policies

Two recent federal court decisions out of Rhode Island and Massachusetts have temporarily limited the implementation of several immigration-related policies adopted by the current Administration. While the decisions do not resolve the underlying legal disputes, they represent important developments for employers and foreign nationals with pending immigration matters.

Rhode Island Court Vacates USCIS Adjudication Pause

On June 5, 2026, the U.S. District Court for the District of Rhode Island issued a significant decision in Dorcas International Institute of Rhode Island v. USCIS, holding that USCIS exceeded its statutory authority when it implemented policies that effectively halted adjudication of immigration benefit applications for nationals of designated “travel ban” countries. The court found that the policies violated both the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).

The court vacated four USCIS policies that:

• Suspended adjudication of many immigration benefit applications filed by nationals of designated countries;
• Paused certain asylum-related adjudications;
• Required re-review of previously approved immigration benefits; and
• Directed adjudicators to treat an applicant’s country of origin as a significant negative discretionary factor.

As a result of the ruling, USCIS may resume adjudicating affected applications, including adjustment of status applications, employment authorization requests, naturalization applications, and certain asylum-related benefits. The decision does not require USCIS to approve any application, but it does require the agency to adjudicate cases under existing immigration law rather than pursuant to the vacated policies.

The Department of Justice is expected to appeal the decision, and employers should anticipate the possibility of further litigation or requests to stay the ruling while appellate review proceeds.

Massachusetts Court Strikes Down $100,000 H-1B Fee

In a separate and equally significant development, on June 8, 2026, the U.S. District Court for the District of Massachusetts ruled that the Administration’s $100,000 supplemental fee on certain H-1B petitions is unlawful. The court concluded that the fee functioned as a tax rather than a permissible regulatory fee and therefore could not be imposed by the Executive Branch without authorization from Congress. As a result, the court vacated the fee requirement nationwide.

The ruling is particularly important for employers considering H-1B filings that had previously been subject to the $100,000 payment requirement, including petitions approved for consular notification. Unless the decision is stayed or reversed on appeal, USCIS and the Department of State lack authority to require payment of the supplemental fee before adjudicating or issuing qualifying H-1B visas.

While this decision provides immediate relief to many employers, it is unlikely to be the final word. The Department of Justice is expected to appeal and may seek a stay of the district court’s order while appellate proceedings are pending. The Department of State and USCIS have not yet issued implementation guidance and thus employers should continue to monitor developments closely before making filing decisions based solely on the ruling.

Kristen Heckman