On August 14, 2026, the U.S. Court of Appeals for the First Circuit issued a partial stay in Dorcas Intl. Institute of Rhode Island v. USCIS (Docket No. 26-01703). The order permits U.S. Citizenship and Immigration Services (USCIS) to resume re-reviewing approved immigration benefits for specific foreign nationals while litigation continues.
Key Takeaways
- Re-Review Policy Resumes: USCIS may immediately resume re-reviewing previously approved immigration benefits for foreign nationals from travel ban jurisdictions who entered the U.S. on or after January 20, 2021 (or whose benefits were approved on or after that date).
- Other Restrictions Remain Prohibited: The court refused to reinstate three other challenged USCIS policies. The agency remains barred from suspending benefit adjudications, treating travel ban nationality as a negative factor, or freezing asylum decisions.
- Scope: The re-review policy applies to individuals holding Palestinian Authority travel documents and nationals or natives of 39 travel ban countries (including Cuba, Haiti, Iran, Nigeria, Syria, Venezuela, and others).
Next Steps
Foreign nationals who entered the U.S. on or after January 20, 2021, and hold approved benefits should carefully monitor all incoming correspondence. If a notice of re-review, Request for Evidence (RFE), or Notice of Intent to Revoke (NOIR) is received from USCIS, please contact INLG immediately for legal guidance.