What’s Happening
On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new Policy Memorandum (PM) expanding its prior adjudication hold and re-review framework for immigration benefit applications for individuals from countries listed in President Trump’s December 2025 expanded travel ban proclamation. The new PM is effective immediately and directs USCIS officers to place holds on final adjudication of all pending benefit requests and to conduct re-reviews of immigration benefits that were approved on or after January 20, 2021, for individuals from the expanded travel ban countries.
What You Need to Know
Mandatory Hold on Pending Applications
The new PM directs USCIS officers to place an adjudicative hold on all pending immigration benefit applications for foreign nationals who were born in or are a citizen of one of the 39 countries listed in President Trump’s December 2025 expanded travel ban proclamation, as well as individuals with Palestinian Authority travel documents. This hold allows USCIS to continue processing a case, including issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), but prevents USCIS from issuing a final decision, such as an approval, denial, or dismissal. The hold applies regardless of when an individual entered the United States and applies across all benefit types, including employment-based petitions, unless a specific exception applies.
Re-Review of Approved Benefits
The PM also directs USCIS officers to conduct a comprehensive re-review of immigration benefits that were approved on or after January 20, 2021, if the beneficiary is associated with one of the 39 travel ban country. These re-reviews of eligibility and admissibility may involve interviews and re-interviews with a focus on identifying potential national security or public safety threats, as well as any security-related grounds of ineligibility.
Who Is Affected
This PM applies to a broad group of individuals connected to any of the travel ban countries. An individual is subject to an adjudicative hold on pending applications and/or re-review of previously approved benefits if they:
Are a citizen or national of a country listed in President Trump’s December 2025 expanded travel ban proclamation;
Identify a travel ban country as their country of birth, even if they currently hold citizenship in another country;
Have obtained citizenship by investment in a third country; or
Are traveling on a Palestinian Authority issued document.
Because USCIS applies the policy based on country of birth, nationality, and certain travel document or citizenship by investment scenarios, the affected population is broader than those directly subject to the entry restrictions under the travel ban itself.
The 39 expanded travel ban countries are: Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma, Burundi, Chad, Republic of Congo, Cote d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.
Limited Exceptions to the Hold
The PM notes that family-based immigrant cases are not exempt and are subject to the same review framework as employment-based filings. Any requests to lift a hold due to litigation or other extraordinary circumstances must be approved by the USCIS Director or Deputy Director.
The narrow exceptions to the adjudicative hold, many of which require coordination with USCIS headquarters, include:
Form I-90, Application to Replace Permanent Resident Card (Green Card);
Form N-565, Application for Replacement Naturalization/Citizenship Document;
Form N-600, Application for Certificate of Citizenship, except for Yemen and Somalia;
Certain athletes, immediate relatives, and support personnel for purposes of participating in the World Cup, Olympics, or other major sporting event;
Cases prioritized by law enforcement or requested by U.S. Immigration and Customs Enforcement (ICE); and
Cases where entry would serve a U.S. national interest, subject to headquarters approval.
Impact on Employers and Sponsored Employees
Employers and foreign national employees affected by the new PM should expect extended processing delays for pending benefit requests and increased likelihood of RFEs, NOIDs, and interview or re-interview requests.
Given the recent discontinuation of automatic extensions for certain EAD renewals, employers should prepare for possible work authorization gaps for individuals from affected countries whose pending renewals are no longer eligible for automatic extension.
What’s Next
USCIS has indicated that within 90 days it will issue additional operational guidance prioritizing cases for review, interview, and re-interview. Until further guidance, adjudicative holds will remain in place unless lifted by USCIS leadership.
D&S is continuing to monitor this developing situation and will provide updates as they become available.