Frequently Asked Questions about the “Pause” Litigation
May 18, 2026
1. What is this lawsuit for?
For anyone who has been facing delays with their USCIS adjudication due to being from one of the 39 countries whose cases are on pause, this lawsuit aims to challenge the policies to hold adjudication for people from the 39 countries and attempts to use nationality as a negative discretionary factor in deciding their applications.
2. How would this lawsuit benefit me?
These policies have had detrimental effects on people ranging from their status expiring, losing employment, and having uncertainty about their status in this country.
We are filing this lawsuit to fight against these discriminatory policies and hopefully get an order for USCIS to make decisions in these cases and to challenge the underlying policies.
3. Should my employer file or should I?
The plaintiffs will be the noncitizens affected by the government pause and negative discretionary factors policy. This means individuals affected will apply and not the employers/sponsors. Your employer may file the legal fee for the litigation on your behalf, but you as an individual will be the plaintiff in the case.
4. What is the overall process and specific steps involved?
The first step is to prepare the case and complaint. We are working on that now and expect to file in late May. Once the complaint is filed, the government typically has 60 days to file a response and then we would either have to respond to a motion to dismiss that the government would file or we would agree to a schedule to file motions for summary judgment based on a record in the case.
While this is the typical litigation process, in this case we will very likely file a motion for a preliminary injunction (“PI”), asking the court for an initial ruling to approve the benefit requests (Change of Status, OPT, H1B, EADs, Green Card) because of time constraints and a need to get an answer for many people seeking a change in status. That briefing is usually faster than the 60-day response time the government normally gets to file its initial response but depends on the federal judge or magistrate judge who is assigned to the case. The judge would set a schedule in response to the filing of the preliminary injunction.
5. If I have dual citizenship and one of the countries is not subjected to the ban, am I still affected by these government policies?
Yes, you are still affected by the pause and negative discretionary factors policies and are thus eligible to join our lawsuit.
6. What is the expected timeline for each stage?
After we file the complaint, we will evaluate the group of plaintiffs and decide whether to file a motion for a preliminary injunction. If we file, the government will most likely have a few weeks to respond and then we would have time to file a reply before the judge issues a ruling. This schedule, and particularly the length of time it takes the judge to issue a decision, will vary depending on the judge’s discretion. We estimate it could take between a few weeks up to three or four months to get an order.
If we do not file a preliminary injunction and instead wait the 60 days for the government’s response (which the government may seek to extend) there will likely be additional filings and rulings by the judge that can last a month or two beyond this deadline.
7. What will be required from my side throughout the process?
We will ask for facts and some documentation up front, and that you keep us up to date with any changes while the litigation is pending.
8. How long is the process expected to take in total?
This can be hard to predict because judges vary in their scheduling and how quickly they handle pending cases. The preliminary injunction (PI) can be issued within a few weeks or a month if we are successful. Please be aware that the government can appeal a PI. The entire case in chief regarding the underlying policies would likely last at least a year from start to finish. If the case is dismissed upon the government’s motion after 60 days, the case would wrap up within a few months. We are optimistic that this outcome is unlikely but again, a lot of the timing and outcome in the case revolves around which judge is assigned to the case.
9. How many cases are typically filed together?
Our group of plaintiffs will be between 15 and 25 plaintiffs. We are capping our group of plaintiffs at 25 to provide a more personalized service and to increase the chances of the case moving more quickly. A smaller group also reduces the complexity of the case which is created when large groups file together.
10. How much do I pay for the lawsuit?
$5,000 per plaintiff. This allows us to file smaller groups and keep the case more personalized to seek faster resolution.
11. How many cases are currently being prepared?
We are filing one small group case at a time, and will consider onboarding for the next case after the first case is filed.