A federal judge ruled on June 5, 2026, that USCIS unlawfully froze immigration applications for nationals of 39 countries. Here is what the ruling means for African and Filipino professionals with pending petitions, and what still remains restricted.
For six months, thousands of African and Filipino professionals watched their immigration applications sit frozen. Petitions that had been properly filed, fees paid, biometrics completed. Then, on June 5, 2026, a federal court ended the freeze.
Chief U.S. District Judge John J. McConnell Jr. of the District of Rhode Island issued a 135-page ruling in Dorcas International Institute of Rhode Island v. USCIS, vacating four USCIS policies that had locked immigration benefit processing for nationals of 39 countries since late 2025. The court found that USCIS had exceeded its legal authority, failed to provide adequate justification for the freeze, and violated the Administrative Procedure Act by imposing sweeping restrictions without proper congressional authorisation.
For Nigerian professionals, Ghanaian engineers, Senegalese researchers, Filipino healthcare workers, and every other professional from the 39 affected countries who had a petition sitting in the USCIS queue, this ruling matters. But it does not end all restrictions. Understanding exactly what changed on June 5 and what did not is essential before drawing any conclusions about your own case.
This article is for informational purposes only and does not constitute legal advice. Immigration policy in this area is actively evolving. Verify current USCIS guidance before taking action on your petition.
How we got here: the travel ban and the USCIS freeze
The chain of events began in June 2025, when President Trump issued Presidential Proclamation 10949, restricting entry for nationals of 19 countries on national security grounds. In December 2025, Proclamation 10998 expanded the list to 39 countries, effective January 1, 2026. The ban divided affected countries into two tiers: 19 countries subject to a full suspension of all visa categories, and 20 countries subject to partial restrictions covering immigrant visas, tourist visas, student visas, and exchange visitor visas.
Several African countries relevant to AgoraVisa’s audience appear on the partial restriction list, including Nigeria and Senegal, where entry on certain visa categories remained restricted but work visa categories including O-1 and H-1B were not suspended under the proclamation itself.
What made the situation significantly worse for professionals already in the immigration pipeline was what USCIS did next. In December 2025 and January 2026, USCIS issued two internal policy memoranda, PM-602-0192 and PM-602-0194, that imposed an indefinite hold on adjudicating immigration benefit applications for all 39 affected countries. This meant that professionals who had already filed I-140 or I-129 petitions, paid fees, cleared biometrics, and sometimes already attended interviews, found their cases placed in a queue with no movement and no timeline for resolution. Work authorisation renewals lapsed. Green card timelines collapsed. Petition approvals that should have arrived in weeks sat dormant for months.
What the court actually ruled on June 5
Judge McConnell’s ruling vacated all four of the USCIS policies challenged in the case. In plain terms, vacatur means the policies are struck down and set aside, not merely paused or limited to individual plaintiffs. The scope of the remedy is broader than a preliminary injunction, which would have provided relief only to named parties in the lawsuit.
The four policies the court struck down were:
• The Global Asylum Hold: USCIS had halted all asylum adjudications regardless of the applicant’s country of origin. The court found this lacked legal authority and ordered asylum processing to resume.
• The Immigration Benefits Hold: The indefinite freeze on pending applications for green cards, work permits, employment authorisation documents, and naturalisation for nationals of the 39 countries was declared unlawful.
• The Comprehensive Review Policy: USCIS had begun reviewing already-decided cases for nationals of the 39 countries, potentially reopening settled approvals. The court struck this down.
• The Country-Specific Elevated Risk Policy: USCIS had instructed adjudicators to treat applications from certain nationalities as carrying elevated risk, effectively building a nationality-based bias into the adjudication process. The court found this violated federal immigration and administrative law.
The court’s language was direct. Judge McConnell wrote that USCIS had violated the very immigration laws that Congress charged it with administering. He noted that applicants had done everything right: filed lawfully, paid fees, completed the process as required. The freeze punished people for doing things correctly.
What the ruling means if you have a pending USCIS petition
If you are a national of one of the 39 countries and had an I-140, I-129, I-485, or employment authorisation application frozen under the USCIS hold, the ruling orders USCIS to resume adjudicating those cases on their merits. Processing should restart, though the government may appeal and the practical speed of resumption will depend on USCIS operational decisions in the weeks ahead.
Key implications for AgoraVisa clients and prospective applicants:
• O-1A and EB-1A petitions that were pending for nationals of partially restricted countries, including Nigeria, should now move forward toward adjudication
• EB-2 NIW I-140 petitions placed on administrative hold should resume processing
• Employment authorisation renewals that lapsed or stalled during the freeze period should be re-evaluated
• The ruling does not automatically approve any petition. USCIS must now adjudicate each case on its individual merits. Meeting eligibility requirements is still required
• Applicants whose petitions were frozen should check their USCIS online account for case status updates in the coming weeks
What the ruling did not change: the travel ban remains in force
This is the most important distinction to understand clearly. The June 5 ruling addressed USCIS adjudication policies. It did not invalidate Presidential Proclamation 10998, the travel ban itself.
What this means in practice:
• Nationals of the 19 fully banned countries (including Burkina Faso, Mali, Niger, Sierra Leone, and South Sudan, among others) still cannot obtain any new US visa through consular processing abroad
• Nationals of the 20 partially restricted countries, including Nigeria, still face restrictions on obtaining new immigrant visas, tourist visas, student visas, and exchange visitor visas through consular channels
• The O-1 and H-1B work visa categories were not suspended under the proclamation’s partial ban, meaning new O-1 and H-1B applications through consular processing remain available to Nigerian nationals
• Consular visa processing at US Embassies abroad remains subject to the proclamation’s restrictions. The court ruling does not restore consular visa issuance for banned categories
• The ruling addresses only USCIS operations inside the United States. The State Department’s consular operations are governed separately by the proclamation
For African professionals currently in the United States with pending adjustment of status applications, this ruling is significant relief. For professionals outside the US trying to obtain new immigrant visas through a US Embassy, the proclamation’s consular restrictions still apply.
What happens next: the government may appeal
The Trump administration has signalled it may appeal the ruling to the First Circuit Court of Appeals. An appeal does not automatically reinstate the struck-down policies, but the administration could seek a stay of the ruling while the appeal proceeds. If a stay is granted, the processing freeze could resume pending appellate review.
The court also left open a pathway for USCIS to attempt a revised policy: if the agency builds a more developed administrative record, provides a genuinely reasoned explanation, and follows proper notice-and-comment rulemaking, it could theoretically re-impose restrictions on a more defensible legal foundation. The ruling does not permanently prohibit USCIS from implementing nationality-sensitive review; it prohibits doing so without lawful authority and adequate justification.
Additionally, the 75-country immigrant visa freeze, a separate State Department policy pausing consular immigrant visa issuance for nationals of 75 countries including Nigeria, remains in effect and is subject to separate ongoing litigation. The June 5 ruling does not address that freeze.
What this means specifically for O-1A and EB-1A applicants from Africa
For the professionals Agoravisa serves most directly, the picture is more positive than the broader headlines suggest. Here is why.
O-1 visa applicants from Nigeria and partially restricted countries
The O-1 work visa category was not suspended under Proclamation 10998’s partial ban. This means that Nigerian professionals and others from partially restricted countries can still pursue and obtain O-1 visas through both USCIS petition approval and consular processing. The June 5 ruling additionally removes the USCIS processing freeze that had stalled I-129 petitions for these nationalities. In combination, this represents a meaningful restoration of the O-1 pathway for Nigerian applicants.
EB-1A applicants from Nigeria and other African countries
The EB-1A extraordinary ability green card sits in the EB-1 immigrant visa category. For applicants already in the United States pursuing adjustment of status through Form I-485, the ruling orders USCIS to resume processing those frozen applications. For applicants outside the United States seeking immigrant visas through consular channels, the 75-country immigrant visa freeze and the Proclamation 10998 partial ban on immigrant visas still apply to Nigerian nationals and others on both lists. The EB-1A is an immigrant visa category, which means consular processing from Nigeria remains restricted under both policies.
Applicants from fully banned countries
For professionals from the 19 countries subject to the full ban, including Burkina Faso, Mali, Niger, Sierra Leone, and South Sudan, the proclamation still prohibits all new visa issuance through consular channels. The June 5 ruling helps those who already had petitions pending inside the US immigration system, but new applications from abroad remain blocked under the proclamation itself.
What African professionals should do right now
• If you have a petition currently frozen at USCIS: Check your case status on the USCIS online portal. You should begin to see movement as the agency resumes adjudication. If your case remains stagnant several weeks after the ruling and no appeal stay has been granted, consult an immigration adviser about next steps.
• If you had an employment authorisation document lapse during the freeze: Gather your original application records and filing receipts. The ruling orders USCIS to resume processing, but you may need to follow up on the status of your specific application. Seek professional guidance if your work authorisation status is unclear.
• If you are planning a new O-1A petition from Nigeria: The O-1 category remains available under both the proclamation and the post-ruling USCIS processing environment. This is a good time to move forward if your credentials are strong. A case assessment will tell you where you stand.
• If you are planning a new EB-1A application and are based outside the US: The immigrant visa consular processing restriction under Proclamation 10998 still applies to Nigerian nationals. If you are already in the United States on a valid visa status, adjustment of status through I-485 is a more accessible path in the current environment. Discuss this with a qualified adviser.
• Monitor developments actively: The government may appeal and seek a stay of the ruling. Immigration policy in this area is moving quickly. Sign up for updates from AgoraVisa and check USCIS announcements regularly.
The broader picture for African professionals pursuing US immigration
The June 5 ruling is a meaningful legal victory, and it is worth acknowledging what it represents. A federal court reviewed USCIS’s decision to freeze applications for hundreds of thousands of people based solely on their nationality, found it arbitrary and unlawful, and ordered it stopped. The court wrote that applicants had done things the right way, and that the law entitled them to have their cases decided.
At the same time, the broader immigration environment remains complex and shifting for professionals from Africa and Southeast Asia. The travel ban proclamation remains in force. The 75-country immigrant visa freeze remains in effect. Appeals and new administrative actions are possible. Navigating this environment requires staying informed, understanding which policies apply to your specific situation, and working with advisers who understand both the legal landscape and the specific credential and documentary context of African professionals.
What has not changed is the fundamental case for talented African professionals pursuing extraordinary ability visas. The O-1A and EB-1A pathways were not suspended by the proclamation’s partial ban. USCIS must now process them. For Nigerian engineers, Kenyan researchers, Ghanaian physicians, and professionals across the continent who have the credentials and have been waiting for clarity, the path forward is now clearer than it has been since January.
Frequently asked questions
Does the June 5 ruling mean the travel ban is over?
No. The ruling struck down four USCIS internal processing policies that had frozen immigration benefit adjudications. It did not invalidate Presidential Proclamation 10998, the travel ban itself. The ban’s restrictions on visa issuance through US Embassies abroad remain in force. The ruling restores USCIS processing inside the United States for people who already had petitions in the system.
I am a Nigerian professional with a pending I-140 that was frozen. What should I do?
Check your case status on the USCIS website. The ruling orders USCIS to resume adjudicating frozen petitions. You should begin to see movement within weeks. If your case remains stagnant and no appeal stay has been granted, contact your service provider or immigration adviser. Do not assume your petition is approved simply because the freeze has been lifted; USCIS must still evaluate your case on its merits.
Can I now file a new O-1A petition from Nigeria?
Yes. The O-1 visa category was not suspended under the partial ban applicable to Nigerian nationals, and the June 5 ruling removes the USCIS adjudication freeze. Filing a new O-1A petition and pursuing consular processing at the US Embassy remains a viable route for Nigerian professionals. This is one of the strongest available pathways in the current environment for professionals who qualify.
What about the 75-country immigrant visa freeze? Is that affected by this ruling?
No. The 75-country immigrant visa freeze is a separate State Department policy and was not addressed in the June 5 ruling. It remains in place. Nigerian nationals and others affected by both policies still face the immigrant visa consular processing restriction under this separate freeze, even where the USCIS processing hold has been lifted.
Should I wait to see if the government appeals before taking action?
It depends on your situation. If you have a petition already in the USCIS queue, the ruling restores your right to have it adjudicated and you should monitor it actively. If you are planning a new filing, the ruling is a positive development and current conditions support moving forward, particularly for O-1A applications. Waiting indefinitely for legal certainty in a shifting policy environment carries its own risks. A case assessment will help you understand the best course of action for your specific profile and nationality.
Understand exactly where you stand in the current environment
The immigration landscape is shifting quickly. Agoravisa is tracking these developments in real time and helping African and Filipino professionals understand which pathways are open, which are restricted, and what the right next step is for their specific profile and nationality. Start with a case assessment and get clear answers tailored to your situation.
Start your assessment at agoravisa.com
Agoravisa is not a law firm and does not provide legal advice. This article is for informational purposes only. Immigration policy in this area is actively evolving; verify current guidance at uscis.gov and travel.state.gov before taking action.
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