USCIS Expands Hold on Adjudication of Immigration Benefit Applications for Nationals of Certain High-Risk Countries

USCIS has issued additional policy guidance expanding its pause on adjudication of immigration benefit applications for foreign nationals of certain designated high-risk countries. This development significantly broadens the scope of prior USCIS action and has practical implications for employers, employees, and beneficiaries with pending immigration filings.

Background: Prior USCIS Expansion of Travel Restrictions and Action on Asylum Applications

As we previously reported, USCIS issued a policy memorandum dated December 2, 2025 directing officers to place an adjudicative hold on all pending asylum applications (Form I-589). That guidance also instructed officers to pause adjudication of certain other benefit applications involving nationals of designated high-risk countries. On December 16, the White House issued an additional Presidential Proclamation expanding the number of countries designated as high risk to 39.

New Development: Expansion of Hold on Adjudication of Immigration Benefit Applications Beyond Asylum Applications for High Risk Countries

In a subsequent policy memorandum dated January 1, 2026, USCIS expanded this guidance further. Under the January 1 memorandum, USCIS officers are instructed, effective immediately as of the date of the memorandum, to place an adjudicative hold on most pending immigration benefit applications filed by or on behalf of nationals of countries designated as high risk.

This expansion is in addition to, and does not replace, the earlier asylum-related hold. As a result, the scope of paused adjudications now extends well beyond asylum applications.

Scope of the Adjudicative Hold

Under the January 1 policy memorandum, the default rule is that pending immigration benefit applications involving nationals of affected countries are paused and not adjudicated while USCIS conducts enhanced screening and national security review.

USCIS has identified only limited, narrowly defined exceptions to this hold.

Exceptions to the Adjudicative Hold

The following table summarizes the scope of the hold and the exceptions expressly identified in USCIS guidance:

Category	Treatment Under USCIS Policy	Notes for Employers & Beneficiaries
Asylum Applications (Form I-589)	Subject to adjudicative hold	Covered under the December 2, 2025 memorandum and continues unchanged.
Most Other Pending Immigration Benefit Applications	Subject to adjudicative hold	January 1 memorandum expands the hold beyond asylum to most pending benefits for nationals of designated high-risk countries.
Form I-90 (Application to Replace Permanent Resident Card)	Exception – may continue to be adjudicated	Treated as a document replacement rather than a request for a new immigration benefit.
Form N-600 (Application for Certificate of Citizenship)	Exception – may continue to be adjudicated	Processing may proceed, subject to country-specific limitations and security review.
Certain Employment Authorization Applications	Limited exceptions	Applies only to narrowly defined EAD categories, generally where adjudication is required by statute or does not confer a new immigration status.
Law-Enforcement or Government-Related Relief	Exception on a case-by-case basis	Includes limited categories tied to cooperation with U.S. authorities or similar protected classifications.
Previously Approved Benefits (approved on or after January 20, 2021)	Subject to re-review	USCIS may conduct additional review and, where warranted, pursue revocation. This is separate from the hold on pending cases.

Practical Impact for Employers and Beneficiaries

• Delays should be expected for most pending immigration filings involving nationals of affected countries.
• The adjudicative hold applies across filing types — including employment-based, family-based, and humanitarian filings — unless a stated exception clearly applies.
• USCIS may require additional evidence, interviews, or security vetting before adjudication resumes.
• Employers should factor these delays into work authorization planning, onboarding timelines, and travel decisions for impacted employees.

Relationship to Travel Restrictions

These adjudicative holds are separate from, but related to, existing U.S. travel and entry restrictions announced in December 2025. Even where an individual is physically present in the United States, pending benefit applications may still be subject to pause under USCIS policy.

Key Takeaways

• USCIS has significantly expanded its adjudicative holds beyond asylum applications.
• The operative rule is now pause adjudication unless an exception applies.
• Exceptions are limited and narrowly defined.
• Employers and beneficiaries should expect uncertain timelines for affected cases.

Next Steps

Employers and beneficiaries with pending immigration applications involving nationals of affected countries should consult with immigration counsel to assess case-specific impacts, timing considerations, and contingency planning.

We will continue to monitor USCIS guidance and provide updates as additional clarification becomes available.