Heightened National Security Screening Measures Implemented Across Federal Immigration Agencies
In the wake of recent national security concerns—including the tragic shooting of two National Guard members in Washington, D.C.—the federal government has issued sweeping new immigration restrictions and expanded vetting procedures that will significantly impact both immigrants and U.S. employers. Multiple agencies, including the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS), have announced immediate changes affecting visa processing, asylum adjudications, and ongoing immigration benefits.
This post summarizes the latest developments and their expected impact. For case-specific guidance, please contact your Meltzer Hellrung attorney.
Expanded DOS Online Presence Review for H-1B and H-4 Visa Applicants
Effective December 15, the Department of State (DOS) will expand its mandatory online presence review to include all H‑1B applicants and H-4 dependents, in addition to applicants in the F, M, and J visa categories. Applicants are instructed to ensure all social media profiles are publicly viewable.
Reducing the Maximum Validity Period for Employment Authorization to 18 Months
USCIS has also reduced the maximum validity period for initial and renewal of employment authorization documents (EADs) from 5 years back to 18 months for several categories of applicants, including foreign nationals with pending applications for adjustment of status. The stated goal is to allow for more frequent and regular vetting of applicants.
Sweeping USCIS Processing Holds and Re-Review Requirements
USCIS has directed immediate holds on all pending asylum applications and on all pending benefit requests for nationals of the 19 countries listed in Presidential Proclamation 10949. The 19 travel ban countries include: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.
Further, USCIS will review and potentially reinterview all refugee approvals from January 21, 2021, to February 20, 2025. USCIS will pause adjudication of any applications to adjust status filed by refugees, their derivatives, and follow-to-join refugees admitted during this timeframe.
USCIS Re-Examination of Permanent Residence Grants for Travel Ban Nationals
USCIS will re-examine all permanent residence and other benefit request approvals for nationals of 19 countries subject to the administration’s June 4 travel ban who entered on or after January 20, 2021. In connection with this re-examination, USCIS has instructed its officers to treat insufficient country-specific vetting information as a significant negative factor in connection with any discretionary benefit application.
Temporary Halt of All Asylum Decisions
USCIS has paused all asylum decisions across all nationalities. Interviews may continue, but no adjudications will be issued until further notice.
Additional Restrictions Affecting Afghan Nationals
USCIS has halted all immigration processing related to Afghan nationals, and DOS has paused issuance of visas for individuals traveling on Afghan passports.
What This Means for Employers and Applicants
These actions reflect an unprecedented expansion of national security vetting with the likelihood of increased delays, more extensive evidentiary requirements, and greater scrutiny across multiple immigration benefit categories for all applicants.
This is a dynamic, rapidly evolving situation and Meltzer Hellrung will continue tracking changes closely, issuing updates as new guidance becomes available. Contact your Meltzer Hellrung attorney for case-specific advice.
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