USCIS Adjusts How It Handles Applications from Countries Under Travel Restrictions

U.S. Citizenship and Immigration Services (USCIS) has issued new guidance that changes how it reviews immigration benefits for people from countries covered by current travel restrictions.

This USCIS policy guidance is effective immediately and applies to requests pending or filed on or after November 27, 2025. See the USCIS Policy Alert for additional information.

Which Countries are Affected

The guidance applies to people from countries listed in Presidential Proclamation 10949, which includes nations the U.S. has flagged for security or information‑sharing concerns.

USCIS will now treat nationality from these countries as a significant negative factor when reviewing many discretionary applications—including some green cards, status changes, extensions, waivers, and work permits.

Starting November 27, 2025, being from one of these countries won’t lead to an automatic denial, but it may result in extra scrutiny of your application.

Applications Most Likely to Face Heightened Scrutiny

The new approach affects several categories of immigration benefits:

• Green card applications (adjustment of status) - USCIS can use discretion in many family and employment-based cases
• Status changes and extensions - Including changes from student to work status or extending current status
• Waivers - Applications that ask USCIS to overlook certain grounds of inadmissibility
• Work authorization - Employment authorization documents (EADs) that involve discretionary decisions

Some categories remain excepted from this policy, but as of Monday, December 1, 2025, USCIS hasn't specified which ones. We will keep you updated.

How This Changes the Review Process

The proclamation focuses on nationality, which means it can apply not only to people born in the listed countries but also to individuals who later became nationals or citizens of those countries.

Under the new guidance, USCIS officers must weigh nationality as a significant negative factor alongside other case elements. As a result, applicants from affected countries may experience:

• More detailed questioning during interviews or in written requests for evidence
• Additional documentation requirements to overcome the negative presumption
• Longer processing times as officers conduct more thorough reviews
• Higher denial rates in cases where discretion plays a role

Importantly, this guidance applies to both pending applications and new filings.

What This Means for Employers

Companies sponsoring employees from affected countries should prepare for:

• Increased case complexity - Applications that were previously routine may now require additional legal strategy
• Longer timelines - Budget extra time for processing and potential appeals
• More RFEs and denials - Which could require appeals that will trigger associated fees
• Workforce planning challenges - Delays could affect project timelines and staffing decisions

Employers should flag upcoming filings for employees from travel ban countries and work with immigration counsel to review strategy and timing.

What This Means for Individual Applicants

If you're from an affected country, this means:

• Stronger applications are required - You'll need more compelling evidence to overcome the negative presumption
• Travel risks have increased - Leaving the U.S. while your case is pending could complicate your return
• Professional guidance is recommended - The added complexity makes legal representation more valuable
• Consider possible delays and timing - Filing strategies may need adjustment based on your specific circumstances

Talk with an immigration attorney before making any major decisions about travel or case timing.

Next Steps for Planning

Whether you're an employer or individual applicant, consider these immediate actions:

• Review pending cases - Identify which applications might be affected by this guidance
• Strengthen documentation - Gather additional evidence that supports your case
• Avoid discretionary travel - International travel while cases are pending carries increased risk
• Consult with counsel - Immigration attorneys can help assess your specific situation and adjust strategy
• Monitor for updates - USCIS may issue clarifications or modifications to this guidance

This policy represents a significant shift in how USCIS approaches cases involving certain countries. While it doesn't guarantee denials, it does require careful preparation and stronger cases to achieve successful outcomes.

For general visa application guidance, see U.S. Visa Applications, Explained.

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