A federal judge has ordered U.S. Citizenship and Immigration Services (USCIS) to continue processing work permit applications for individuals from “high-risk” countries. According to Courthouse News Service, Magistrate Judge Virginia DeMarchi in San Jose, California partially granted a preliminary injunction requiring USCIS to resume adjudicating Form I-765 applications for foreign nationals from 15 of the affected countries, including Afghanistan, Iran, Nigeria, and Venezuela. The plaintiffs, 137 foreign nationals, argued that timely adjudication of their I-765 applications is essential to their ability to work, maintain their non-immigrant status, and sustain their livelihood in the U.S.
USCIS paused processing for nationals of 39 countries deemed “high-risk,” effective January 1, 2026, under Presidential Proclamations 10949 and 10998. The pause covered both employment-based and non-employment-based immigration processing. The affected country list traces back to restrictions first announced in June 2025 under the travel ban proclamation.
Work authorization under Form I-765 serves several important functions: it allows international students to bridge from F-1 to H-1B status, and it’s a primary pathway for asylum seekers, green card applicants, and spouses of U.S. citizens to obtain employment authorization and legally work in the U.S.
This ruling follows a broader decision last month in which Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island vacated four separate USCIS policies. These include holds on asylum, work permits, green cards, and naturalization processing for nationals of the same 39 countries. Together, the rulings put pressure on USCIS to resume adjudicating a substantial backlog of paused cases. However, the processing resuming doesn’t guarantee approval. RFEs or denials are possible too.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.