A federal court has blocked a Trump administration policy that paused the processing of nonimmigrant benefits for individuals from 40 countries and territories. The ruling affects Optional Practical Training (OPT) applications—Form I-765 requests filed by F-1 international students—that had been frozen since January 2026. Processing for some Optional Practical Training applications had been on hold for seven months when a judge ruled the policy unlawful.
What changed
USCIS has been ordered to resume evaluating these applications; in a statement on its website, the agency wrote, “USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.” The decision came from federal judge John J. McConnell Jr. in Rhode Island, who issued a 135-page ruling finding the pause unlawful on multiple grounds.
Individuals in all other disciplines remained in limbo during the pause—meaning most non-STEM OPT applicants were unable to obtain work authorization, while STEM OPT extensions (which qualified under the pause) had continued processing in limited instances.
Why it matters
For your clients, this ruling means OPT applications can move forward again. However, implementation is not automatic. It’s unclear how long it will take for the agency—which already had a substantial backlog—to catch up. USCIS was already processing OPT applications more slowly than historical norms before the pause; now it must clear seven months of accumulated Form I-765 filings.
A press relations representative for Press Unpause, a grassroots group that has been advocating for USCIS to end the hold on application processing, told Inside Higher Ed the organization hasn’t heard about any applications being processed since the ruling, nor about any issued refunds. This means the court order is very recent, and the agency may take additional time to operationalize the direction.
For F-1 students planning to work post-graduation, the uncertainty persists: even though the pause is lifted legally, they should not assume rapid adjudication or immediate employment authorization issuance.
Way forward
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Review pending OPT cases: If you have Form I-765 applications pending for nationals of the 40 affected countries, check USCIS receipt dates and verify the notice date of the court order (June 16, 2026) against your client’s filing date.
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Manage client expectations: Explain that the legal pause is lifted, but processing backlogs mean applications may not be adjudicated for weeks or months. Advise clients not to change employment or travel status until they receive notice of OPT approval.
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Monitor for agency guidance: Watch USCIS’s website and myUSCIS for any procedural notices on how the agency will prioritize and track the backlog. Some agencies have published public processing order statements in the past.
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Document refund requests: If a client paid the Form I-765 filing fee and did not receive a refund during the pause, prepare documentation of the payment for potential reimbursement once USCIS publishes refund procedures.
Disclaimer
This article is prepared by a software company for informational purposes only and does not constitute legal advice. Immigration law is complex and frequently changes. Always consult a licensed immigration attorney, accredited representative, or your designated school official (DSO) before making filing decisions or relying on this summary. Verify all facts and procedures against the official court order and current USCIS policy announcements at https://www.uscis.gov.