Updated USCIS Guidance on Adjudicative Hold and Review of Immigration Benefit Requests for Nationals from the 39 Countries Subject to Travel Ban
On January 1, 2026, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum providing updated guidance on its December 2, 2025 adjudicative hold and review of benefit requests policy, and expanding it to cover all 39 “high risk” countries subject to the Administration’s most recent travel ban.
Who is Impacted by the Adjudicative Hold and Review Policy?
On December 16, 2025, the Administration issued a Proclamation expanding its June 2025 travel ban to include 39 countries, effective January 1, 2026. Under the expanded travel ban, countries subject to full suspension of visa issuance for all nonimmigrant and immigrant visa categories and entry include Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. In addition, individuals traveling on any travel documents issued or endorsed by the Palestinian Authority are subject to full suspension and entry. Countries subject to partial suspension for B-1/B-2 visitor, F, M, J student and exchange visitor visas, and all immigrant visas and entry include Angola, Antigua and Barbuda, Benin, Burundi, Cote D’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe.
Persons who were born in, or are citizens of, the 39 countries listed in the recent travel ban are subject to the USCIS adjudicative hold and review policy. In addition, all persons who have a pending asylum application are subject to the hold, regardless of nationality or citizenship.
How will the Adjudicative Hold and Review Policy Impact My Pending Petition / Application?
The USCIS adjudicative hold impacts all asylum applications, and most USCIS benefit requests including H-1B, L-1, O-1, and other nonimmigrant petitions, I-140 immigrant petitions, I-485 adjustment of status applications, I-765 work authorization applications and renewals, I-131 travel documents, and Naturalization applications. This hold means that pending petitions / applications may continue to be processed, but no final decisions will be issued during the hold period, unless a specific exception applies.
How will the Adjudicative Hold and Review Policy Impact My Approved Petition / Application?
The USCIS policy requires a comprehensive re-review of benefits that were already approved for individuals from the 39 countries. Prior USCIS guidance stated that the re-review applied to persons who entered the United States on or after January 20, 2021. However, the updated guidance broadens the scope of the re-review by applying it to petitions/applications approved on or after January 20, 2021, regardless of when the person entered the United States.
The re-review could, in some cases, lead to further action, such as requests for interviews or re-interviews, if concerns are identified.
What are the Factors to be Considered in the Review and Re-Review?
The purpose of the USCIS adjudicative hold and review policy is primarily for national security and public safety vetting. The USCIS will conduct a thorough review on a case-by-case basis to assess benefit eligibility including whether the person is listed on the Terrorist Screen Dataset as a known or suspected terrorist, or is connected to terrorist organizations or espionage activities. Additionally, the USCIS may consider any criminal activity and/or convictions, physical and mental disorders that may pose, or has posed, a threat to the property, safety, or welfare of the person or others, as well as whether the person is unable to establish their identity.
What are the Exceptions to the Adjudicative Hold and Review Policy?
The updated USCIS guidance provides limited exceptions to the adjudicative hold and review policy including Form N-565, Application for Replacement Naturalization/Citizenship Document; Form N-600, Application for Certificate of Citizenship (Except for Yemen and Somalia); Form I-765 for initial asylum EAD requests; certain I-765 humanitarian parole recipients who are assisting law enforment, benefit requests for athletes or members of athletic team for a major sporting event, and National interest Exemption (i.e. person will provide significant benefit to the United States).
Additionally, the USCIS clarified that the Form I-90 application for green card renewals and replacements is exempt from the adjudicative hold and review policy. This is a departure from the December 2nd USCIS announcement which stated that I-90 applications were subject to the hold. Per the updated guidance, the USCIS stated that lawful permanent residents are entitled to evidence of status in the United States.
How Long will the Adjudicative Hold and Review Policy Last?
The USCIS adjudicative hold and review policy will be in place indefinitely until the USCIS completes its national security and public safety vetting. Per the USCIS updated guidance, the USCIS will prioritize a list for review, interview, re-interview, and referral to ICE and other law enforcement agencies as appropriate, and, in consultation with the Office of Policy and Strategy and the Fraud Detection and National Security Directorate, issue operational guidance within 90 days of January 1, 2026.
What this Means for Our Clients
Employers and employees who are impacted by the USCIS adjudicative hold and review policy should be prepared for possible gaps in work authorization as all pending nonimmigrant petitions (H-1B, L-1, O-1, E-2, etc.) for beneficiaries from the 39 countries are on hold indefinitely, as well as certain I-765 EAD applications. Employers should identify affected employees with EADs expiring in the next 90-180 days. Additionally, employees with approved H-1Bs, L-1s, I-140s, or green cards may be subject to additional scrutiny and potential re-interviews. Further, the USCIS policy will likely result in an increase of Requests for Evidence for impacted employees with pending petitions and applications.