USCIS First Issued a Policy Alert on Considering Country-Specific Facts When Adjudicating Benefit Requests; Days Later It Paused All Decisions for Nationals of Travel Ban Countries
In the wake of the November 26, 2025, shooting of national guard members in Washington, DC, USCIS updated its Policy Manual to permit officers “to consider relevant country specific factors for applicants from 19 countries listed in Presidential Proclamation (PP) 10949.” The 19 countries, also known as the travel ban countries, include: Afghanistan, Myanmar (Burma), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. The updated Policy Manual states that “with certain exceptions, USCIS considers any relevant country-specific factors such as those specified in PP 10949 as significant negative factors in the adjudication of discretionary benefits requests.” “Country-specific factors,” the Policy Manual continues, include “insufficient vetting and screening information that limits USCIS’ ability to assess the risks posed by aliens” from one of the 19 countries.
On December 2, 2025, USCIS issued internal guidance that pauses final adjudications of all cases for individuals from the 19 travel ban countries. The pause is in effect until USCIS issues guidance on additional vetting of these nationals. It applies to approvals and denials of all form types, as well as naturalization oath ceremonies for individuals from the travel ban countries. Immigration attorneys have reported sudden cancellations of naturalization ceremonies for nationals of Venezuela, Iran, and Afghanistan, as well as cancellations of adjustment of status interviews and an inability to issue final decisions specifically for Venezuelan nationals.
The End of the 540-day Automatic Extension for Work Permit Renewals Began on October 30
On October 30, 2025, DHS published an interim final rule eliminating the 540-day automatic extension for employment authorization document (EAD) renewals filed in a timely manner. The change affects numerous categories of work authorization. The American Immigration Lawyers Association (AILA) recently released a helpful chart (copied from the USCIS website) that identifies impacted categories: hyper link here to chart. With EAD processing times often exceeding six months, the rescission of the automatic extension period is expected to result in increased employment disruptions.
It's important to note that the rule should not impact the 180-day automatic extension for individuals applying for STEM OPT, as this automatic extension is authorized under the separate regulation of 8 CFR 274a.12(b)(6)(iv). We will continue to monitor this and send an update as soon as we have confirmation as to whether STEM extensions are included.
To mitigate a gap in employment authorization, employees in the affected categories need to plan appropriately. They should file the EAD extensions as soon as they are statutorily able, which is 180 days prior to the current EAD expiration.
Contact us with questions about EAD extensions.
USCIS Proposes Changes to Collection and Use of Biometrics
On November 3, 2025, USCIS published a notice of proposed rulemaking in the Federal Register that would amend its regulations on the collection and use of biometrics (usually fingerprints). Under the proposal, all applicants for immigration benefits would be required to submit biometrics. Currently biometrics are mandatory only for certain benefit requests.
The proposed rule would vastly broaden the scope of the agency’s authorities, opening up biometrics collections to “U.S. citizens, U.S. nationals and lawful permanent residents,” regardless of age, “unless DHS otherwise exempts the requirement.” Immigrant benefit applicants may also be required to submit to DNA testing to confirm eligibility.
Comments on the proposed rule are due by January 2, 2026. We will provide updates on the proposed rule as it moves through rulemaking.
DOS Issues a Cable on Public Charge Permitting Consideration of Certain Medical Conditions
Recent press reports have described a Department of State (DOS) cable issued on or about November 6, 2025, describing the terms under which consular officers should apply the INA 212(a)(4) public charge ineligibility ground to immigrant visa applications. According to the reports, the cable expands the use of certain applicant characteristics (e.g. health conditions, education, and financial circumstances) as a basis for refusal.
Noting that health conditions can require significant financial resources, the cable directs officers to review the medical report for any indication of a chronic medical condition (physical or mental), including Class B medical conditions (i.e. less serious conditions that are not otherwise grounds for refusal) that could prompt a need for ongoing or significant care. This requires consular officers to demand from the panel physician an opinion as to the likely need for extensive medical care. The inclusion of “obesity” in this list has been widely reported. The cable suggests that obesity increases risk of high blood pressure, type 2 diabetes, breathing problems, asthma, sleep apnea, joint problems, osteoarthritis, gallstones, gallbladder disease, and mental illness such as depression and anxiety.
We will continue to monitor this situation and provide updates as we learn more.
USCIS Proposes Changes to Public Charge Regulations
On November 19, 2025, USCIS published a notice of proposed rulemaking (NPRM) to rescind the 2022 public charge regulations, giving DHS officers “broader discretion” when evaluating applicant’s likelihood of becoming a public charge. An individual who is deemed to be likely of becoming a public charge is “inadmissible” or ineligible for lawful permanent residence. Comments on the proposed rule are due 30 days after publication.
We will continue to monitor this situation and provide updates as the situation develops.
DHS Notices of Termination of Temporary Protected Status for Haiti and Burma (Myanmar); a Federal District Judge Blocked Termination of TPS for Syria
In two notices separated by only four days, DHS terminated TPS for Haiti, effective February 3, 2026, and for Burma (Myanmar), effective 1January 26, 2026. On the respective dates, those who have been granted TPS will no longer have TPS status or related benefits such as EADs. In both cases, the Secretary of Homeland Security determined that the conditions in each country no longer met the TPS statutory requirements.
On November 19, 2025, the federal court in the Southern District of New York blocked the termination of TPS for Syria, which was set to end on November 21, 2025. Accordingly, TPS for Syria will continue for now, although the administration has indicated its intent to appeal the order.
Contact us with questions about TPS.
DOS Pauses Issuance of Nonimmigrant Visas for Afghan Nationals
On November 28, 2025, by announcement made on X, the Department of State (DOS) paused visa issuance for individuals traveling on Afghan passports. No official press release or policy guidance has been provided to date.
An unofficial copy of guidance provided to consular officers instructs them to continue interview appointments with Afghan nationals, but to refuse immigrant and nonimmigrant visas for all eligible Afghan visa applicants using an Afghan passport. The visas may also be refused on additional grounds. If a visa has already been printed, the case will be reopened and the applicant will be placed in administrative processing. The DOS has stated that the refusals are to allow for additional vetting and screening.
USCIS Announced FY26 Inflationary Adjustments to Certain Fees Required by H.R. 1.
On November 21, 2025, USCIS published a notice of FY2026 increases to certain immigration-related fees required by H.R. 1, including fees related to asylum, parole, Temporary Protected Status (TPS), and Special Immigrant Juvenile (SIJ) cases, as well as related employment authorization applications and renewals. The updated USCIS fee amounts must accompany any benefit requests postmarked on or after January 1, 2026. The fee increases are modest, ranging from $5 to $10.
Contact us with any questions about USCIS filing fees.
PartnerAbigail Walsh has over 20 years’ experience in a wide range of immigration matters. She represents multinational and domestic corporations, their employees and private individuals in business immigration matters before U.S ...
PartnerVictoria Donoghue has an extensive background in immigration law, advising clients on the full range of issues related to employment-based immigrant and nonimmigrant visas. Her experience includes handling complex Requests for ...