What’s Happening
Various news outlets and the American Immigration Lawyers Association (AILA) have confirmed that recent internal guidance from the U.S. Citizenship and Immigration Services (USCIS) signals a significant shift in adjudication procedures that will directly affect employment-based immigration processes. According to reporting by CBS News, the agency is now requiring expanded FBI background checks for a broad range of immigration benefits, including adjustment of status (Form I-485) and naturalization applications.
In response to media inquiries, USCIS has stated that “any delay in decision issuance should be brief and resolved shortly.” However, given the practical implications of re-vetting cases, the current length of the expected delays is unknown.
What You Need to Know
The updated internal guidance appears to result from expanded access to federal criminal history databases, following a recent executive directive to maximize information-sharing for immigration screening which took effect on April 27, 2026.
The new vetting process will require fingerprints to be resubmitted for almost all pending cases for which fingerprints were previously submitted for FBI checks prior to April 27, 2026.
What’s Changing
Mandatory enhanced vetting: USCIS officers have been instructed to withhold approval of any case that has not completed the new, expanded FBI screening protocols. Nearly all pending applications with prior biometrics may now require new fingerprint collection and re-clearance through FBI systems.
Adjudication pause: Cases appear to be placed on hold until enhanced security re-checks are completed, creating delays in final case adjudication
Pipeline reset: Once the backlog of pending cases is reprocessed, new filings will also be subject to the updated vetting protocol, which could further impact processing times.
Impact on Employment-Based Immigration
The scope of the internal guidance is not yet clear and AILA is reporting that while the initial impact appeared to be limited to adjustment of status cases and asylum cases, it could be a much broader hold impacting all USCIS adjudications.
For employers and foreign national employees, this development has several practical implications for benefits requests requiring background checks, including:
Adjustment of Status (AOS): Employment-based green card applicants should anticipate longer adjudication timelines, particularly where fingerprinting or background checks must be re-run. Cases nearing approval may experience last-minute delays.
Naturalization: Applicants for U.S. citizenship will also be subject to heightened scrutiny and potential adjudication delays tied to enhanced vetting with possible exceptions for individuals with scheduled oath ceremonies.
Work Authorization & Travel Documents: Delays in adjustment adjudication may have knock-on effects for EAD and advance parole processing, particularly where linked to pending I-485 applications.
Other Benefits Requests Requiring Biometrics: Other benefits requests requiring biometrics, including H-4 EAD applications, may also experiences adjudication holds and processing delays as a result of these re-reviews.
System Capacity Constraints: If new biometrics are required for certain enhanced checks of pending and future cases this could place significant strain on Application Support Centers (ASCs). Appointment availability may become a bottleneck, compounding delays across all case types.
Practical Considerations
Expect timing variability and extended adjudication timelines: Even routine employment-based cases may see unpredictable and likely extended adjudication timelines in the near term.
Prepare for re-adjudication steps & monitor for new biometrics notices: Requests for updated biometrics or case reopening may increase so applicants should closely monitor mail and myUSCIS accounts for possible new biometrics notices or motions to reopen. Prompt attendance at ASC appointments where new biometrics are required will be critical to avoid further delays.
Track work authorization expiration dates & plan workforce continuity: Employers should proactively monitor work authorization expiration dates and consider contingency planning where delays could impact employees’ ability to work or travel, especially in light of the new limits on EAD validity periods and removal of automatic extensions of employment authorization for certain timely field EAD renewals (including C09 EADs associated with pending adjustment of status applications).
Expect increased uncertainty: With no formal USCIS guidance yet, adjudication patterns may remain fluid in the near term.
Bottom Line
Current information indicates that USCIS has introduced enhanced vetting for cases that already require fingerprinting, resulting in adjudication pauses and longer processing times. The policy is likely to create meaningful delays and uncertainty across employment-based immigration processes tied to biometrics-dependent applications.
This post is for informational purposes only and should not be construed as legal advice. This is a developing situation and this post will be updated as additional information becomes available.