As background, USCIS has halted the adjudication of immigration petitions and applications for those born in, or citizens of, a list of 39 countries. This policy was developed in a series of USCIS memos.
One day after an Afghan national killed a National Guard member and critically injured another, on November 27, 2025, USCIS released a policy alert that adjudicators must immediately "consider relevant country-specific factors," namely whether an individual is from one of the countries identified in Presidential Proclamations restricting entry to the United States under 8 U.S.C. § 1182(f), as "significant negative factors when reviewing immigration requests." See, USCIS Policy Alert, Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits, PA-2025-26 (November 27, 2025).
USCIS issued a press release declaring that USCIS "issued new guidance allowing for negative, country-specific factors to be considered when vetting aliens from 19 high-risk countries" "in the wake of the shooting of two National Guard service members in Washington, D.C. Wednesday by an Afghan National."
On December 2, 2025, USCIS released a new policy memorandum, PM-602-0192, which 1) places a hold on all asylum applications, regardless of nationality, pending a comprehensive review of the process, 2) places an indefinite hold on benefit requests for noncitizens from countries listed in Presidential Proclamation 10949, which restricts the entry of noncitizens into the United States from certain countries, and 3) mandates that USCIS "[c]onduct a comprehensive re-review of approved benefit requests for aliens from countries listed in PP 10949 who entered the United States on or after January 20, 2021." See, USCIS Policy Memorandum, Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries, PM-602-0192 (December 2, 2025).
On December 16th, 2025, the President announced an expansion as to which countries would be subject to entry restrictions pursuant to 8 U.S.C. § 1182(f). Proclamation No. 10,998, Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States, 90 Fed. Reg. 59,717 (Dec. 19, 2025).
USCIS issued a supplemental Policy Memorandum extending the halt on adjudications imposed by Policy Memorandum PM-602-0192. See, USCIS, Policy Memorandum Hold and Review of USCIS Benefit Applications Filed by Aliens from Additional High-Risk Countries PM-602-0194 (January 1, 2026). This expanded the use of country of birth or citizenship as a negative factor in adjudications, and the hold on adjudications, for those on the list of countries.
The fatal shooting of a member of the National Guard is tragic. However, the fact that one person committed a heinous crime does not legitimize halting immigration benefits for all foreign nationals who happen to have been born in a certain country. There are many wonderful immigrants from these countries who are honest, hard-working, beloved members of American families, valued employees of American businesses, and a benefit to our communities, and whose work is in the public interest of the United States.
On its web site, under Newsroom Alerts, USCIS issued “Update on USCIS’ Strengthened Screening and Vetting” (March 30, 2026), in which USCIS stated that it had established an internal review process for lifting holds on individual or group cases, requiring comprehensive review by multiple offices, including lifting holds on medical physicians. But it did not provide any way for a beneficiary or applicant to request that USCIS lift the hold on their immigration benefit, including I-765 work authorization applications.
USCIS failed to explain how the agency identifies applicants who are eligible for a lift from the pause on adjudications. Moreover, it did not provide any time frame for how quickly this review by “multiple offices”, could lift a particular hold on adjudication for a particular case.
The USCIS website update purports that holds have been lifted for foreign nationals from one of the 39 countries or with a Palestinian Authority passport, for the following exceptions:
- Those vetted through Operation PARRIS;
- Certain petitions filed by U.S. citizens;
- Intercountry adoption forms;
- Certain rescheduled oath ceremonies for naturalization;
- Statutory and regulatory decision issuance;
- Refugee registrations for South African citizens/nationals;
- Certain special immigrant visa petitions;
- Certain employment authorization documents;
- Asylum applications from non high-risk countries; and
- Applications associated with medical physicians.
It is unclear what “certain” means, when USCIS lists as exceptions “certain” US citizen petitions, rescheduled oath ceremonies, SIVs, and EADs (work permits). There has not been clarification on the meaning of this.
Dual nationals also continue to have the adjudication of their cases halted by USCIS, with premium processing requests and expedite requests routinely ignored.
Moreover, even though USCIS purportedly has lift the halt on adjudication for certain cases, it has not said it would not still consider a person’s place of birth or citizenship as a significant negative factor, pursuant to the November 27, 2025, USCIS Policy Alert, stating that adjudicators must immediately "consider relevant country-specific factors," namely whether an individual is from one of the countries identified in Presidential Proclamations restricting entry to the United States under 8 U.S.C. § 1182(f), as "significant negative factors when reviewing immigration requests." See, USCIS Policy Alert, Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits, PA-2025-26 (November 27, 2025).
Regardless, attorneys and beneficiaries/applicants from one of 39 countries are reporting that there has been no movement by USCIS to adjudicate pending cases, including for those who have already paid for premium processing.
The total lack of movement is reported also for “medical physicians”, thus the cases of doctors and medical researchers are still not being adjudicated, despite the policy update. USCIS is simply ignoring filings for premium processing by employers on behalf of medical physicians, as well as ignoring employer’s letters demonstrating the beneficiary doctor’s work is in the national interest and public interest of the U.S.
The only option at this point is to file an APA /mandamus action in federal court and litigate. We are happy to assist you, Law Office of Heidi J Meyers, 11 Broadway Suite 925 New York NY 10004, (212) 791-4007 or (646) 508-5225, [email protected].
This article is for informational purposes only and does not constitute legal advice.