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United States: USCIS Expands and Clarifies Adjudication Policies Applied to Foreign Nationals from Travel Ban Countries

January 5, 2026

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  • United StatesUnited States

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At a glance

  • USCIS has issued a new memorandum that expands its current adjudication hold policy to foreign nationals from countries on the new travel ban list that took effect on January 1.
  • The memorandum also requires re-review of immigration benefits that were approved on or after January 20, 2021 if the foreign national is from a country on the new travel ban list.
  • The memorandum explicitly states that any application filed by or for a foreign national from a travel ban country is subject to an adjudicative hold, making clear that employment-based petitions are subject to the hold policy.

The issue

In a January 1 memorandum, U.S. Citizenship and Immigration Services (USCIS) has expanded the scope of its restrictive policies for individuals from travel ban countries, primarily in order to align with the expanded travel ban country list that took effect on January 1. Since December 2, 2025, USCIS has applied adjudication hold and re-review policies to all pending and some approved immigration benefit requests for foreign nationals from any country listed in the June 2025 travel ban. The agency is now expanding the policies and the scope to foreign nationals from countries on the expanded travel ban list, which took effect January 1. The new memorandum directs USCIS personnel to:

  • Place a hold on the adjudication of all pending immigration benefit requests for foreign nationals who were born in or are a citizen of one of the 39 countries listed in the January 1 travel ban or who carry a travel document issued or endorsed by the Palestinian Authority; and
  • Conduct a comprehensive re-review of approved immigration benefit requests that were approved on or after January 20, 2021 for foreign nationals who were born in or are a citizen of one of the 39 countries listed in the January 1 travel ban or who carry a travel document issued or endorsed by the Palestinian Authority.

It is noteworthy that the January 1 memorandum calls for a re-review of approved benefit requests if the approval occurred on or after January 20, 2021, whereas the USCIS’s December 2025 memorandum relating to the earlier June travel ban (which remains in effect) requires review of approved cases if the foreign national entered the country on or after January 20, 2021. 

A closer look at the policy

Under the above policies, affected foreign nationals and their applications will undergo a re-review of eligibility and admissibility, including a potential interview or re-interview. According to USCIS, the focus of these re-reviews will be identifying potential security or public safety threats, as well as any security-related grounds of ineligibility.

The January memorandum explicitly states that USCIS will place an adjudicative hold on all pending benefit requests submitted by or for foreign nationals from travel ban countries, which makes clear that the new policies apply to employment-based petitions filed on behalf of foreign nationals from travel ban countries, such as the Form I-129 nonimmigrant visa petition or Form I-140 immigrant visa petition.

USCIS also clarifies in the new memorandum that an adjudicative hold permits USCIS to process the case up to the final adjudication, meaning up to, but not including, the issuance of a final decision such as an approval, denial, or dismissal. Therefore, pending applications or petitions that are subject to the hold policy may continue to receive Requests for Evidence (RFE) and Notices of Intent to Deny (NOID).

Exceptions

In the new memorandum, USCIS provides a list of immigration benefit requests that are exempt from the adjudication hold policy. The list includes:

  • Form I-90, Application to Replace Permanent Resident Card (Green Card);
  • Benefit requests filed by any foreign national who is an athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives for the purpose of participating in the World Cup, Olympics, or other major sporting event as determined by the Secretary of State; and
  • Benefit requests filed by foreign nationals whose entry would serve a U.S. national interest.

In December, USCIS acknowledged that the agency may receive requests to lift an adjudicative hold on a specific application due to litigation or other extraordinary circumstances and said that any such request must be approved by the USCIS Director or Deputy Director.

Scope of impact on foreign nationals from travel ban countries

Countries on the newly expanded travel ban list 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. In addition, foreign nationals who seek to travel to the United States using Palestinian Authority-issued or -endorsed travel documents are subject to the travel ban and to any travel ban-related USCIS policies.

USCIS says that the adjudicative hold policy will apply if a travel ban country is listed as the foreign national’s country of birth or country of citizenship on their immigration benefit application. This means that the new policy for pending applications will affect a larger group of foreign nationals than the travel ban itself. The travel ban applies only to nationals of the listed countries, not to those born in the country who are not or are no longer a national of a listed country.

What’s next

Foreign nationals who are affected by the USCIS directives must be prepared for additional vetting, requests for evidence related to their eligibility for the relevant immigration benefit or for security-related matters, and requests to appear for an interview or re-interview.

Employers and foreign nationals should also be reminded that in recent months, USCIS has made changes to its Policy Manual, directing USCIS officers to consider a foreign national’s country of birth or nationality as a factor in any discretionary adjudication and should generally treat being from a travel ban country as a negative factor in the discretionary analysis. This agency guidance means that even after the instant USCIS adjudicative hold policy is lifted, employers and foreign nationals could continue to see RFEs and NOIDs that request evidence of countervailing positive discretionary factors for foreign nationals from a travel ban country or other country of concern. Discretionary determinations include adjustment of status applications as well as nonimmigrant change of status and extension of stay requests.

Relatedly, a group of almost 200 individuals have filed a lawsuit in a Massachusetts federal district court challenging the USCIS hold policy and the recent changes in USCIS discretionary adjudication policy on statutory and constitutional grounds. The case is Doe v Trump, 25-cv-13946 (D. Mass.) and Fragomen is monitoring its progress.

Fragomen will provide further information as more details become available. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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