Following an internal review, USCIS concluded that prior vetting measures were inadequate and determined that applications were approved and individuals naturalized who should not have been. The agency cited this as creating national security and public safety risks that undermine the integrity of the immigration system.

To carry out these increased security measures, USCIS issued three policy memoranda placing holds on the following benefit categories: - PM-602-0192: Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries; - PM-602-0193: Hold and Review of Pending USCIS Adjustment of Status Applications Filed by Aliens Under the Diversity Immigrant Visa Program - PM-602-0194: Hold and Review of USCIS Benefit Application Filed by Aliens from Additional High-Risk Countries

I. Enhanced Screening and Vetting Practices: USCIS has taken the following actions to enhance screening and vetting practices:

• Shortened validity periods for certain Employment Authorization Documents to require more frequent security checks;

• Updated photograph reuse policies including biometric identity verification when reusing fingerprints;

• Increased social media, financial vetting, and community interviews;

• Launched Operation PARRIS to conduct additional background checks, re-interviews, and merit reviews of refugee claims;

• Developed system connectivity for automatic notifications of biometric matches and new criminal information; and

• Required final arrest encounter reviews and Department of State Consular Consolidated Database checks before final adjudication.

II. Categories with Lifted Holds: USCIS has established an internal review process to lift holds on induvial and group cased. However, USCIS has not published further information regarding the process details. Holds have been lifted for the following individuals:

• Foreign nationals vetted through Operation PARRIS;

• Certain petitions filed by U.S. citizens;

• Intercountry adoption forms;

• Certain rescheduled oath ceremonies;

• Statutory and regulatory decision issuance;

• Refugee registrations for South African citizens/nationals;

• Certain special immigrant visa petitions;

• Certain employment authorization documents; and

• Asylum applications from non-high-risk countries.

USCIS is conducting a country specific risk analysis with the Department of State to recommend further “improvements” to existing screening practices. The agency is also developing a vetting plan including classified and unclassified information, expanded criminal history checks, identity verification, and ad hoc security checks. Furthermore, USCIS is developing guidance for adjudicators to align interview resources for country specific risks including document reliability and designated Foreign Terrorist Organizations.

Additional holds may be lifted on a rolling individual or group basis. We will continue to monitor USCIS guidance and provide updates as this situation evolves.

For more information, please visit the following link: FY 2027 H-1B Initial Registration Selection Process Completed | USCIS

If you have any questions, please do not hesitate to contact Law Office of Adrienne J. Vaughan, LLC.

Under this program, designated applicants applying for B-1/B-2 visitor visas will be required to post a “Maintenance of Status and Departure Bond” in the amount of $5,000, $10,000, or $15,000, at the discretion of the Consular Officer. This bond must be paid before the visa can be issued. The visa bond will be returned to the applicant if the visa holder substantially complies with the terms and conditions of their visa, including timely departure and maintaining proper status during their stay in the United States.

 For a list of all countries subject to the visa bond program, please visit: Countries Subject to Visa Bonds

If you have questions about how this program may affect your visa application or international travel plans, please contact our office.

Learn more about what to expect during the upcoming H-1B lottery season and how these changes could affect your application: FY2027 H-1B Lottery

If you are interested in filing an H-1B, please contact us at contact@ajvimmigrationlaw.com or 617-840-8515.

Importantly, this pause appears to apply only to immigrant visa processing at U.S. embassies and consulates abroad and does not affect individuals applying for adjustment of status from within the United States. The announcement further indicates that nonimmigrant visa processing (such as tourist, business, student, and work visas) will not be suspended. These visa categories remain unaffected.

According to recently released guidance from the Department of State:

• Immigrant visa applicants who are nationals of affected countries may continue to submit applications and proceed through the National Visa Center (NVC).

• Immigrant visa interviews may continue to be scheduled and conducted at U.S. embassies and consulates.

• However, no immigrant visas will be issued during the pause, even if an applicant attends an interview and the case is otherwise approvable.

The Department has stated that this pause is part of a broader review focused on ensuring that immigrants are financially self-sufficient and not likely to become a public charge. The full announcement and related guidance can be found on the U.S. Department of State’s website: Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage

Countries Affected

The suspension reportedly applies to individuals from the following countries:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen 

Key Takeaways

• Immigrant visa processing at U.S. consulates from these countries will be temporarily paused starting January 21, 2026.

• This suspension does not appear to affect applicants seeking adjustment of status within the United States.

• Non-immigrant visas, including tourist and business visas, do not appear to be affected.

• Applicants should be prepared for increased scrutiny regarding finances, skills, and prior use of public benefits.

If you have any questions about how these changes may affect you, or about other immigration matters, please do not hesitate to contact the Law Office of Adrienne J. Vaughan. Our office can be reached by email at contact@ajvimmigrationlaw.com or by phone at 617-840-8515.

The 18-month limit now applies to foreign nationals:

• Admitted as refugees or granted asylum

• Granted withholding of deportation or removal

• With pending applications for asylum or withholding of removal

• With pending applications for adjustment of status under INA 245

• With pending applications for suspension of deportation or cancellation of removal.

Additionally, under the Big Beautiful Bill (H.R. 1), the maximum validity period for initial and renewal EADs in certain categories is capped at one year. Alternatively, the limit is the end date of the authorized parole period or the duration of Temporary Protected Status (TPS), whichever comes first. This change will affect foreign nationals:

• Paroled as refugees

• Granted parole or TPS

• With pending TPS applicants

This change comes after USCIS eliminated automatic EAD extensions in October 2025, increasing the higher risk of work authorization gaps. It will also cause more frequent renewal applications and higher cumulative filing fees and legal costs.

USCIS allows EAD holders to file renewal applications 180 days before their EADs expire. If you currently hold an EAD, carefully track your expiration date to ensure timely filing of an EAD renewal application.

Should you have any questions regarding your Employment Authorization Document, please do not hesitate to contact the Law Office of Adrienne Vaughan.

Without automatic extensions, workers may lose their employment authorization due to processing delays—even when they've filed on time and remain eligible to work. The policy eliminates automatic extensions for 18 categories of workers, including: humanitarian cases, family-based immigration, work visas for derivatives, long-term residents, and special categories.

Workers in these categories must monitor their applications closely and plan for potential gaps in employment authorization.

For additional information and the list of categories that will no longer have access to the 540-day automatic extension: Categories Previously Eligible for Automatic Extensions

Attorney Adrienne Vaughan discusses these developments in this client update: Updated Guidance on H-1B Proclamation

If you have any questions about how these changes may affect you, or other immigration matters, please do not hesitate to reach out to the Law Office of Adrienne J. Vaughan by email at contact@ajvimmigrationlaw.com or by phone at 617-840-8515.

Key Points:

• Embassies & Consulates Remain Open for national security reasons.

• Visa Processing Continues for both immigrant and nonimmigrant cases

• Fee-Based Operations Continue, non-immigrant and immigrant visa services are not reliant on government appropriations therefore services will remain available as long as there are sufficient fees

• Delays Possible depending on staffing or broader shutdown effects.

If you have a visa application or appointment, expect services to proceed, but stay alert for possible delays or resource constraints.

To view and download the flyer, please use the following link: AILA | Government Shutdown

The proclamation indicates that it restricts the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. 

The Proclamation left many questions unanswered. This included whether it applied to only new H-1B workers or also existing H1B workers, and whether current H1B holders would have to pay the fee if they were outside the US when the proclamation went into effect.  As a result, most major corporations and law firms advised already approved H-1B workers outside the US to scramble and re-enter before Sunday evening. This caused considerable chaos for many over the weekend.

As of this writing on Monday, September 22, 2025, no proper clarification of the terms of this Proclamation have been issued.  What we do have:

• A one-page USCIS memo dated 9/20/2025.

• A one-page CBP memo dated 9/20/2025.

• A Tweet from US Press Secretary Karoline Leavitt on 9/20/2025.

• Public statements from Secretary of Commerce Howard Lutnick.

• H-1B FAQs released on the USCIS website on 9/21/2025.

These brief memos and FAQs provide scant information.  However, a few important points were confirmed/clarified:

• The proclamation applies only to prospective petitions filed after the enactment date.

• The Proclamation does not prevent any holder of a current H-1B visa from travelling in and out of the United States.

• The CBP indicates that they USCIS and DOS have been instructed to begin implementing the new monetary requirements for employers submitting petitions on behalf of “aliens outside the United States for new H-1B petitions only”.

• While Secretary Lutnick said the fee was an annual one, Secretary Leavitt tweeted that it was a “one time” fee.

• The Leavitt tweet indicates “this applies only to new visas, not renewals, and not current visa holders.”

•    The Leavitt tweet states explicitly “It will first apply in the next upcoming lottery cycle.”

For those petitions which will fall under coverage of this new Proclamation:

• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.

• Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S.

• The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

Takeaways:  

• It appears that extensions of stay including for employees transferring employers, should not fall under the payment terms of this Proclamation.

• It appears at present that H-1B workers with current H1B visas can re-enter the US and engage in further international travel.  However, we urge caution that this may change without advance notice.

• For the foreseeable future, we advise all employers to be aware of any international travel of their H-1B employees and be ready to convey changes (which often come on weekends). 

• Employers planning to file H-1B petitions that have not been receipted before 9/21/2025 should speak to counsel about impacts. 

If you have any questions about how these changes may affect you, or other immigration matters, please do not hesitate to reach out to the Law Office of Adrienne J. Vaughan by email at contact@ajvimmgirationlaw.com or by phone at 617-840-8515.

Under the new testing format, USCIS will administer an oral exam in which applicants must answer 12 questions correctly out of a list of 20 questions.  USCIS will derive these questions from a list of 128 questions covering US history, government, and civic principles: Civic Questions and Answers for the Naturalization Test - 2025 Version.   This is an increase from the current test (2008 version) which requires 6 questions accurately answered out of 10.  Special consideration will continue to be given to applicants who are age 65 or older and have been lawful permanent residents for at least 20 years. 

Applicants who have already filed their Naturalization Petition or who plan to file before October 20, 2025, will continue to take the current (2008 version) of the Naturalization exam.  

For more information and to prepare for the civics test, applicants are encouraged to review the appropriate set of questions based on their filing date and eligibility.

This month’s bulletin shows significant movement for both family-based and employment-based categories, most notably in the employment-based EB2 category. If the priority date listed on your I-797 Receipt Notice is earlier than or equal to the date listed in the chart for your category and country of chargeability, you may now be eligible to file Form I-485.

To review the October 2025 Visa Bulletin please visit:  When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: October 2025 | USCIS

If your priority date is current or may soon be, and you would like assistance with filing your Adjustment of Status application, please feel free to contact the Law Office of Adrienne J. Vaughan LLC by email at contact@ajvimmigrationlaw.com or by phone at (617) 840-8515.

• Sustained community involvement and contributions

• Family caregiving responsibilities and ties to the United States

• Educational achievements

• Stable employment history and professional accomplishments

• Length of lawful residence in the United States

• Compliance with tax obligations and financial responsibility

While greater emphasis will be placed on the significance of foreign national’s positive attributes, USCIS will also broaden and increase scrutiny towards disqualifying factors. In the past, USCIS focused on permanent bars such as murder, aggravated felony, and crimes of violence. Disqualifying factors will include the following:

• Conditional bars such as multiple DUI convictions, unlawful voting, or drug offenses

• Actions that, while technically legal, may be “inconsistent with civic responsibility,” such as repeated traffic violations, harassment, or aggressive solicitation

• Behavior that doesn’t align with the “average behavior” of citizens in the applicant’s community

Additionally, applicants with prior issues must demonstrate efforts toward genuine rehabilitation such as:

• Compliance with probation or court-ordered conditions

• Payment of overdue taxes or child support

• Community testimony from credible sources

• Evidence of mentoring others with similar past challenges

On August 22nd, USCIS has reinstated conducting neighborhood checks on case-to-case basis. The decision to conduct these checks is left to the discretion of the officer and anticipated generally where there are gaps or concerns in an application.

USCIS has not provided specific criteria for when these checks will be triggered, raising concerns that two similar cases could receive different levels of scrutiny. This added discretion, combined with limited USCIS staffing, may cause processing delays for some applicants. Employers should also be aware that they might be contacted by USCIS to confirm basic employment information or comment on the applicant’s character.

To learn more information, please review the policy memorandums issued by USCIS:

• Policy Memorandum: Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization

• Policy Memorandum: Resumption of Personal Investigations of Aliens Applying for Naturalization

If you have any questions about how this policy change may affect your application, please feel free to contact the Law Office of Adrienne J. Vaughan LLC by email at contact@ajvimmigrationlaw.com or by phone at (617) 840-8515.

Under this program, designated applicants will be required to post a “Maintenance of Status and Departure Bond” in the amount of $5,000, $10,000, or $15,000, at the discretion of the Consular Officer. This bond must be paid before the visa can be issued. The visa bond will be returned to the applicant if the visa holder substantially complies with the terms and conditions of their visa, including timely departure and maintaining proper status during their stay in the United States.

The Department of State has not yet released full guidance on how the program will be administered. Key questions remain, including the procedures for posting the bond, timelines for return or forfeiture, and the complete list of countries that may be included.

For further information, please visit: Federal Register : Visas: Visa Bond Pilot Program

Our office is closely monitoring this development and will provide updates as further guidance becomes available. If you have questions about how this program may affect your visa application or international travel plans, please contact our office.

Read the full guide here: Know Your Rights: What to Do if You are Detained at a Port of Entry (for Lawful Permanent Residents)

If you have any questions or concerns, please do not hesitate to reach out to the Law Office of Adrienne J. Vaughan for more information.

Applicants should be prepared for increased wait times, as these changes are expected to lead to longer visa appointment backlogs and delays at many U.S. embassies and consulates. Applicants are strongly encouraged to check the website of the specific U.S. embassy or consulate where they intend to apply for up-to-date procedures and requirements.

For more information, please visit: Interview Waiver Update July 25, 2025

If you have any questions about how this policy change may affect your visa application, please feel free to contact the Law Office of Adrienne J. Vaughan LLC by email at contact@ajvimmigrationlaw.com or by phone at (617) 840-8515.

This is very disappointing news to many.  If your company has an H-1B applicant that was not selected this year, there may be alternative immigration options. Our law office would be happy to schedule some time to explore these with you.  Otherwise, we regret that based on this update we will be closing all other H-1B preregistration cases, and no further action will be taken.

Should you wish to discuss potential alternatives for your employee, or if you need any further assistance, please feel free to reach out Law Office of Adrienne Vaughan LLC.

Consequently, Haiti’s TPS designation remains valid through February 3, 2026, and the legitimacy of the July 1, 2025, termination notice is now in question.

We will continue to monitor the status of TPS and provide updates as we receive them.