A federal judge ordered U.S. Citizenship and Immigration Services to resume processing I-765 employment authorizations for noncitizens after the federal government earlier this year had frozen all such applications for people who are from 39 “high risk” countries. U.S. Magistrate Judge Virginia DeMarchi in San Jose, California partially granted a request for a preliminary injunction in the lawsuit brought by 137 foreign nationals from 15 countries, including Afghanistan, Iran, Nigeria and Venezuela.
What changed
USCIS must now resume processing I-765 employment authorizations that were frozen earlier in 2026 for nationals from 39 designated “high risk” countries. The judge rejected the government’s arguments that the policy memoranda freezing the applications are shielded from judicial review under the Immigration and Nationality Act, finding that courts have jurisdiction to review USCIS’s failure to adjudicate applications within a reasonable period of time.
This partial preliminary injunction follows a decision last month by a Rhode Island federal judge who vacated four USCIS policies that had halted applications for asylum, work permits, green cards, and citizenship by nationals from the 39 countries in Africa, Asia, the Middle East and Latin America. The ruling in Dorcas International Institute of Rhode Island vs. USCIS effectively meant that the applications for I-765 are no longer frozen.
Why it matters
You should immediately inform clients with pending I-765 applications (nationals of the 39 affected countries) that USCIS must now resume adjudication. Applicants claim timely adjudication of their I-765 applications is essential to their ability to work, maintain their non-immigrant statuses and sustain their livelihood in the U.S.
The work authorizations in question are typically needed by foreign students at U.S. universities, asylum seekers, green card applicants and spouses of foreigners who have a visa to work in the U.S. The freeze had created months of delay for clients in these categories, disrupting employment, visa status, and financial stability. Processing resumption will allow stalled I-765 cases to move forward.
However, note that DeMarchi denied the government’s request to stay the litigation pending its appeal of the Rhode Island decision, meaning the government may pursue further appeals. Practitioners should monitor ongoing litigation closely and verify the current status of USCIS processing with clients’ cases before making definitive timeline predictions.
Way forward
- Contact USCIS on behalf of clients with stalled I-765 applications to confirm the case status and request expedited processing, particularly if the client’s EAD is expired or expiring soon.
- Review filing dates and interview schedules for clients from the 39 affected countries; prioritize cases at risk of expiration or status loss due to the freeze delays.
- Document the harm caused by the adjudication freeze—lost employment, visa status risks, financial hardship—for any clients who may need to pursue individual relief or negotiate fee reductions.
- Stay informed on government appeals in related cases by monitoring the USCIS pause tracker and consulting the Dorcas case and related federal court filings.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. We are a software company, not a law firm. Immigration law is complex and subject to rapid change. You should verify all details against the primary source linked above and consult a licensed immigration attorney about your specific situation. Policy may change without notice; always check the official USCIS website and current federal court orders before advising clients.