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USCIS Policy Update Creates Uncertainty for Immigrants from Designated Countries

By Editorial Staff

TL;DR

Immigration attorneys can leverage USCIS's new policy to offer specialized services for clients from high-risk countries facing delays and re-reviews.

USCIS now applies country-specific factors to immigration requests from 19 nations, placing holds on pending applications and re-reviewing previously approved cases.

This policy creates uncertainty and hardship for asylum seekers and immigrants, undermining fair treatment and potentially separating families.

USCIS's policy shift introduces indefinite delays and re-reviews for immigration applications from 19 countries, significantly altering processing timelines.

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USCIS Policy Update Creates Uncertainty for Immigrants from Designated Countries

U.S. Citizenship and Immigration Services has implemented significant policy changes that tighten review procedures for immigration benefit requests from individuals from certain designated countries. The changes, enacted in response to Presidential Proclamation 10949, affect a broad range of applications including asylum requests and previously approved status changes.

The policy directs USCIS officers to place holds on many pending applications from nationals of the 19 countries identified in PP 10949. This includes asylum applications filed using Form I-589, which may now face indefinite delays without scheduled interviews or adjudication timelines. Previously approved benefit requests such as green cards, status changes, and extensions are also subject to re-review for individuals who entered the United States on or after January 20, 2021.

Under the new guidelines, adjudicators must apply country-specific factors when exercising discretion over both pending and future benefit requests. This represents a substantial departure from previous practice where approved applications typically proceeded subject only to standard processing delays rather than special country-based review. The policy effectively makes country of origin a significant negative factor by default for asylum and status-based benefit requests.

The practical implications are substantial for affected individuals. Asylum seekers with properly filed I-589 applications may see their cases frozen while USCIS conducts additional security and vetting procedures. Those with pending adjustment of status, change-of-status, or other benefit requests face potential delays, while previously approved cases may be reopened or re-evaluated. Some applicants may face referral to enforcement agencies or additional interviews and background checks.

For business leaders and technology professionals monitoring immigration policy developments, these changes could impact workforce planning and international talent acquisition. Companies relying on specialized workers from affected countries may encounter extended processing times for employment-based petitions. The uncertainty created by potential re-review of previously approved cases adds complexity to human resource management and long-term staffing strategies.

The policy implementation reflects broader trends in immigration enforcement and national security considerations. As noted in the press release detailing these changes, the net effect creates uncertainty, long delays, and heightened risk for individuals who submitted applications in good faith or had them previously approved. The designation of applications as discretionary based on country of origin represents a significant shift in how USCIS evaluates immigration benefit requests.

Technology companies and businesses with international operations should monitor how these policy changes affect their workforce and consider potential impacts on recruitment and retention of talent from affected regions. The indefinite nature of application holds and possibility of case re-openings introduces new variables into immigration planning for both individuals and organizations.

Curated from 24-7 Press Release

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Editorial Staff

Editorial Staff

@editorial-staff

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