USCIS Implements Nationwide Hold on Immigration Benefits Under New National Security Directive
At A Glance
On December 2, 2025, USCIS issued a policy memorandum, implementing an immediate hold on all pending immigration benefit requests and a review of previously-approved benefits for individuals who are citizens of, or were born in, one of the 19 "high-risk" countries listed in President Trump’s June 2025 travel ban. The 19 affected countries include Afghanistan, Myanmar (Burma), Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
The stated purpose of the new policy is to allow the USCIS to fully assess all national security and public safety threats to the United States.
Effective immediately, the USCIS will do the following:
Place an indefinite hold on all pending benefit requests for impacted individuals, 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, I-90 green card renewals, and Naturalization applications.
Conduct a comprehensive review of previously approved benefits for impacted individuals who entered the U.S. on or after January 20, 2021. These individuals may require re-interviews.
Place an indefinite hold on all pending asylum applications (Form I-589) for comprehensive review, regardless of nationality.
What This Means for Our Clients
Impact on Employment-Based Cases
All pending nonimmigrant petitions (H-1B, L-1, O-1, E-2, etc.) for beneficiaries from the 19 listed countries are on hold indefinitely. This includes premium processing cases—the 15-day processing guarantee does not override the mandatory hold. Employers should anticipate significant delays in new hires, transfers, and extensions for affected employees.
Pending I-140 immigrant petitions face the same hold, creating cascading delays throughout the green card process.
Adjustment of Status and Work Authorization Concerns
Pending I-485 applications for nationals of the 19 countries will not be adjudicated during the hold. The most immediate concern is work authorization: if EAD renewals are not processed due to this hold, employees may lose work authorization entirely despite having approvable green card applications. Employers should identify affected employees with EADs expiring in the next 90-180 days.
Re-Review of Previously-Approved Cases
The directive requires re-review of approved benefits for individuals from the 19 countries who entered the U.S. on or after January 20, 2021. It means employees with approved H-1Bs, L-1s, I-140s, or green cards may be subject to additional scrutiny and potential re-interviews.
While the memorandum doesn't explicitly state that USCIS will revoke approved benefits, the policy creates uncertainty about the finality of approvals. Employers should be aware that employees they considered to have stable status may receive notices for re-interviews.
Uncertainty for Dual Nationals
The policy announcement does not address whether a person who is a national of one of the 19 subject countries, in addition to a country that is not subject, would be impacted by the benefits hold.
Travel Considerations
International travel by affected employees carries significant risk. The intersection of this USCIS hold with Presidential Proclamation 10949 restrictions, consular processing procedures, and CBP admission policies creates uncertainty about whether employees will be able to return to the United States. Employees from the 19 countries should consult with our office before making any international travel plans, particularly if they have pending applications or may be subject to re-review.
Immediate Action Items
Identify affected employees: Review your foreign national workforce to identify employees from the 19 countries with pending applications, upcoming expirations, or who entered on/after January 20, 2021.
Monitor expiration dates: Track work authorization, travel document, and status expiration dates. Contact our office immediately for employees with documents expiring within 90 days.
Avoid international travel: Affected employees should not travel internationally without consulting our office, given the uncertainty around re-admissions.
Goeschl Law Corporation will perform a review of our clients' foreign national workforce and identify affected employees for whom we have immigration files. We are actively monitoring for USCIS guidance, legal challenges to this policy, and any changes in implementation.