Lawsuit Challenges Two USCIS Green Card Policies: What I-485 and EB-5 Applicants Should Know
On October 5, 2026, the American Association of University Professors (AAUP), labor unions, immigrant advocacy organizations and individual green card applicants filed a lawsuit in federal district court in Massachusetts challenging two U.S. Citizenship and Immigration Services (USCIS) policies.
The plaintiffs are seeking to block and overturn changes involving discretionary review of adjustment-of-status applications and the circumstances in which officers may deny a case without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The American Immigration Lawyers Association (AILA) announced the lawsuit on October 5.
Which Two USCIS Policies Are Being Challenged?
May 21, 2026: Adjustment of Status Discretion
The first policy concerns how USCIS weighs discretionary factors in Form I-485 adjustment-of-status applications. The plaintiffs argue that treating an applicant's decision to apply for permanent residence from within the United States as a negative factor would depart from established adjudication practices and disadvantage otherwise eligible applicants.
August 5, 2026: Evidence Requests and Denials
The second policy addresses when an officer may deny an application without first giving the applicant an opportunity to provide additional evidence through an RFE or NOID. It applies to certain newly filed and pending cases.
The plaintiffs contend that these changes alter long-standing procedures and can deprive applicants of a meaningful opportunity to address evidentiary concerns. Their claims include alleged violations of the Administrative Procedure Act.
Has the Lawsuit Changed I-485 Processing?
As of October 14, 2026, no publicly announced court order has suspended either policy. USCIS continues to adjudicate applications under its existing rules while the case proceeds.
The August policy does not eliminate RFEs or NOIDs. Officers may still request additional documentation where appropriate; the dispute concerns their authority to reach a denial without issuing one in certain circumstances. Applicants should continue preparing and filing their cases according to current requirements.
What Does This Mean for EB-5 Investors?
The lawsuit has not changed the underlying EB-5 Immigrant Investor Program or the ability of qualified investors to pursue concurrent filing.
An eligible investor already in the United States may still file Form I-526E and Form I-485 concurrently when a visa number is available and the applicable adjustment-of-status requirements are met. Investors with pending applications should continue following their case instructions and consult immigration counsel about supporting evidence.
iCross × ARCFE will continue monitoring the litigation and sharing material policy developments relevant to EB-5 investors and their families. Explore ARCFE's EB-5 program for additional information.
This article is for general information only and does not constitute legal, immigration, tax or investment advice. The litigation remains pending, and outcomes may change.
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