A federal court has ordered U.S. Citizenship and Immigration Services (USCIS) to resume immigration cases it had frozen for nationals of 39 countries. The freeze had stalled Green Cards, work permits, asylum claims, and citizenship applications.
On June 5, 2026, Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island ruled that the USCIS policies behind the freeze were unlawful. The order, issued in Dorcas International Institute of Rhode Island v. USCIS, took effect immediately. Here is what the court decided and what it means if you are considering applying for a Green Card.
What the Federal Court Decided
Why EB-5 Remains a Dependable Path to a U.S. Green Card
How to Move Forward With Your EB-5 Investment
What the Federal Court Decided
USCIS had paused or slowed decisions on immigration benefits for people from the 39 countries on the expanded travel ban list. Those policies had been in place since late 2025, when the agency halted adjudications for affected nationals following an attack on National Guard members in Washington, D.C. For months, Green Cards, work permits, asylum cases, and naturalization applications went without any action.
Judge McConnell found that USCIS had acted unlawfully under the Administrative Procedure Act, the law that governs how federal agencies make and apply policy. The court held that the agency claimed authority Congress had never given it, put the policies in place without the reasoned explanation the law requires, disregarded the interests of people who had already filed under the existing rules, and leaned on national security justifications that the court found were not the real reason for the freeze.
The order requires USCIS to resume or begin processing these cases and to stop treating applicants differently based on nationality.
The ruling does not cancel the travel ban itself. It applies only to the USCIS processing freezes affecting people who are already in the United States. The government has roughly 60 days to appeal and may ask the court to pause the order while any appeal moves forward. For now, the immediate effect is clear: frozen cases can move again.
What the Ruling Means for EB-5 Investors
The most direct effect is for EB-5 investors from these countries who are already in the United States and adjusting their status. If an EB-5 petition or naturalization application was caught in the freeze, it can now return to active adjudication — and that covers both the investor and their family members.
The ruling matters beyond the affected nationals, too. It confirms that courts will step in when processing is held up without a sound legal basis, and that kind of oversight adds a measure of predictability to the program.
Two Deadlines Worth Watching
Two dates should shape the timing of any EB-5 decision.
The first is September 30, 2026. Under the grandfathering provisions of the EB-5 Reform and Integrity Act (RIA), an I-526E petition properly filed on or before that date stays protected in two important ways. It will continue to be adjudicated even if the regional center program lapses after its potential sunset on September 30, 2027, and it locks in the rules and investment amounts in effect at the time of filing. Investors who are close to ready should be aware of this date and raise it directly with their attorney.
The second is a widely expected increase in the minimum investment amount. EB-5 amounts are adjusted for inflation periodically, and an increase is projected for 2027. Investors who file before any adjustment takes effect remain subject to today’s amounts, while those who wait may face a higher minimum.
Why EB-5 Remains a Dependable Path to a U.S. Green Card
EB-5 gives investors and their families a route to permanent U.S. residence through a qualifying investment that creates American jobs. Its core benefits have held steady through a period of broader policy upheaval, and this ruling reinforces that applications must be handled fairly. For investors already in the country on another visa, concurrent filing allows them to apply for adjustment of status at the same time as their EB-5 petition, which can provide work and travel authorization relatively early. Rural investments also qualify for priority processing, which can shorten the wait for a decision.
How to Move Forward With Your EB-5 Investment
Interest in EB-5 continues to grow, and set-aside categories that are current today can face retrogression — longer waits that arise when demand exceeds the annual supply of visas — as more investors file. Acting sooner helps protect an earlier place in line, and the grandfathering protections reward investors who file ahead of the deadlines above.
The most important step is choosing an experienced regional center with a strong track record. More than 3,000 families from over 70 countries have selected EB-5 projects sponsored by EB5AN regional centers. Our expert team has more than a decade of experience and offers clients high-quality, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
If you would like to learn more about your EB-5 investment options, book a free call with our expert team today.
