US Court Orders USCIS to Resume Work Permit Processing for Ghanaians, Nigerians, 37 Others

US Court Orders USCIS to Resume Work Permit Processing for Ghanaians, Nigerians, 37 Others

  • A US federal judge has ordered USCIS to resume processing Form I-765 work permit applications for nationals from 39 countries, including Ghana
  • US Magistrate Judge Virginia DeMarchi issued the preliminary injunction on July 8, 2026, after a lawsuit filed by 137 foreign nationals from 15 countries
  • The ruling came after a Rhode Island federal judge separately vacated four USCIS policies halting immigration applications for citizens of these nations

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A US federal judge has ordered immigration authorities to resume processing work permit applications for nationals of 39 countries, including Ghana, Nigeria, and several other African nations, after those applications were placed on hold earlier this year.

USCIS work permit applications, Form I-765 processing, Judge Virginia DeMarchi's ruling, immigration applications resume, foreign nationals lawsuit, Ghana work permit, employment authorization, US, high risk countries immigration
A US federal judge orders USCIS to resume processing Form I-765 work permits for nationals from 39 countries, including Ghana and Nigeria. Credit: iStock/ mediaphotos, Courthouse News
Source: UGC

US Magistrate Judge Virginia DeMarchi of the Northern District of California signed the preliminary injunction on July 8, 2026, directing US Citizenship and Immigration Services (USCIS) to restart adjudication of Form I-765 employment authorisation applications.

The immigration processing freeze had affected individuals from countries designated as 'high risk' by the agency.

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137 individuals challenge US work permit freeze

The case was brought before the court by 137 foreign nationals representing 15 countries, among them Afghanistan, Iran, Nigeria, and Venezuela.

The plaintiffs argued that the prolonged suspension of their applications left them unable to work legally in the US, put their lawful immigration status at risk, and threatened their financial stability.

In the available full court document, Judge DeMarchi concluded that the plaintiffs were likely to prevail on their argument that the government had unlawfully stalled or unreasonably delayed the processing of their Form I-765 filings.

The court also rejected the government's position that internal USCIS policy memoranda were beyond the reach of judicial review under the Immigration and Nationality Act.

As a result of the order, the immigration service must now process the outstanding work permit applications for the plaintiffs while the broader lawsuit continues through the courts.

39 countries affected by US application freeze

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The ruling has implications for nationals of a wide range of countries spanning Africa, Asia, the Middle East, and Latin America.

The full list of affected nations includes:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d'Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

The California decision follows closely on the heels of a separate ruling handed down by a federal judge in Rhode Island last month.

In that case, the judge vacated four USCIS policies that had effectively blocked nationals from the same group of 39 countries from submitting or advancing asylum applications, work permits, green cards, and citizenship.

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The Instagram post below breaks down the court ruling ordering the US government to resume work permit processing for applicants from 39 countries.

West African countries with US entry bans

YEN.com.gh earlier reported that 11 West African nations are currently operating under United States travel restrictions in 2026.

Nationals across the region are facing either complete entry bans or tougher visa conditions when attempting to travel to the country.

The restriction has affected countries into two distinct categories, each carrying significant consequences for travellers to the US.

Proofreading by Bruce Douglas, copy editor at YEN.com.gh.

Source: YEN.com.gh

Authors:
Ruth Sekyi avatar

Ruth Sekyi (Entertainment Editor) Ruth Esi Amfua Sekyi is a Human Interest Editor at YEN.com.gh with 4+ years' experience across radio, print, TV, and digital media. She holds a B.A. in Communications (PR) from UNIMAC-IJ. Her media career began at Radio GIJ (campus radio), followed by Prime News Ghana. At InstinctWave, she worked on business content, playing major role in events organized by the company. She also worked with ABC News GH, updating their site, served as Production Assistant. In 2025, Ruth completed the ECOWAS, GIZ, and MFWA Information Integrity training. Email: ruth.sekyi@yen.com.gh