USCIS Broadens Scope of Adjudication Hold for Pending Benefit Requests of Certain Foreign Nationals

Quick Hits

• USCIS will place a hold on all pending benefit requests filed by or for foreign nationals who are citizens of or were born in countries listed in Presidential Proclamation 10998, issued in December 2025.
• USCIS will also re-review approved benefit requests of foreign nationals impacted by Presidential Procalamation 10998 who were approved on or after January 20, 2021, an expansion of scope from its December 2, 2025, memorandum.

On January 1, 2026, USCIS issued a policy memorandum expanding its December 2, 2025, pause on adjudicating benefit requests for foreign nationals from high-risk countries. This update follows Presidential Proclamation 10998 (issued December 16, 2025), which added more countries to the U.S. travel ban list, and clarified key aspects of USCIS’s recent policies. USCIS stated that a comprehensive re-review and, in some cases, interviews or re-interviews of foreign nationals who entered the United States on or after January 20, 2021, from high-risk countries identified in the June 4, 2025, and December 16 presidential proclamations is necessary. Officers are instructed to prioritize national security and public safety concerns during this process.

USCIS indicates in this new memorandum:

• The pause of final adjudication of all pending benefit applications filed by or for individuals who are citizens of, or were born in, countries listed in the December 16 presidential proclamation. This also applies to individuals traveling with documentation issued by the Palestinian Authority.
• The scope of the hold is clarified, confirming that it applies to benefit requests filed on behalf of affected foreign nationals—such as employer petitions for employees—resolving prior uncertainty.

While the memorandum updates USCIS’s comprehensive re-review to include individuals from the expanded travel ban list, it also broadens the scope of that review.The previous memorandum limited re-review to approved benefit requests for individuals from listed countries who entered the United States on or after January 20, 2021. The new policy memorandum shifts the focus to the adjudication date: re-review will now apply to benefit requests approved on or after January 20, 2021, regardless of when the individual entered the United States.

USCIS lists ten exceptions to its adjudication hold, including: Form I-90, Application to Replace Permanent Resident card (“green card”); Form N-400, Application for Certificate of Citizenship—except for foreign nationals from Yemen or Somalia; benefit requests filed by a foreign national who is an athlete or member of an athletic team, or their immediate relatives, for participating in the World Cup, Olympics, or other major sporting event; and benefit requests filed by foreign nationals whose entry would serve the national interest of the United States.

Similar to its December memorandum, USCIS indicates that within ninety days it will issue operational guidance and prioritize a list for review, interview, and re-interview.

Next Steps

While the filing of new applications by (or for) foreign nationals of countries implicated in the recent presidential proclamations continues to appear feasible, delays in processing and final adjudication should be expected. Furthermore, with increased scrutiny and the administration’s express focus on public safety and national security, there is potential for additional background checks, requests for evidence (RFEs), interview notices, and gaps in employment authorization due to extended processing times.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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