New Security Measures Implemented by USCIS for Nationals of Certain Countries

U.S. Citizenship and Immigration Services (“USCIS”) has announced the implementation of new guidance which allows for “negative, country-specific factors to be considered” when adjudicating application for beneficiaries from nineteen (19) countries. The countries include Afghanistan, Burma, Burundi, Chad, Cuba, Laos, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen.

Following this guidance, USCIS has circulated a new Policy Memorandum directing its personnel to immediately place a hold on all asylum/removal withholding applications for all applicants, regardless of country of nationality; halt all pending benefit requests for the 19 countries designated as “high risk”; and conduct a comprehensive second review of previously approved benefit requests for foreign nationals from the 19 countries designated as “high risk” who entered the U.S. on or after January 20, 2021.

In light of these enhanced vetting measures, employers and foreign nationals should be prepared for increased scrutiny and should seek guidance from immigration counsel to ensure an effective application strategy.

DHS Eliminates Automatic Extension for Certain Employment Authorization Documents 

The Department of Homeland Security (“DHS”) has ended the practice of automatically extending Employment Authorization Documents (“EADs”) for certain renewal applicants, eliminating the prior system that granted temporary extensions for certain EADs based on a timely renewal filing. Applicants who file to renew their EADs on or after October 30, 2025 will no longer receive an automatic extension of their work authorization. Please note that this new rule will not affect extensions otherwise provided by law or through a Federal Register notice for TPS-related employment documentation.

USCIS advises applicants to file EAD renewals at the earliest permissible time, which is up to 180 days before expiration, to minimize the risk of interruption in employment authorization. Consult immigration counsel to ensure timely filing and develop a strategy to maintain continuous work authorization.

Did You Know?

Munsch Hardt’s Immigration Practice Group recently secured an EB-1 approval for an outstanding researcher on behalf of a preeminent Texas medical research institution. Although the “outstanding researcher” standard is rigorous, it is achievable with careful case development and strategic presentation. Employers should not overlook the EB-1 Green Card category for their top talent and are encouraged to consult experienced immigration counsel to assess eligibility.