New Guidance Introduces National Security Factors into Immigration Vetting
On November 27, 2025, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance for adjudicating discretionary immigration benefit requests involving nationals from 19 countries identified under Presidential Proclamation 10949. These changes expand the scope of national security discretionary immigration reviews by instructing officers to consider country-specific risk factors in their decision-making process.
This shift builds on the authority of INA § 212(f). That provision permits the President to suspend the entry of noncitizens deemed detrimental to U.S. interests. USCIS’s new policy guidance, Policy Alert PA-2025-26, brings immigration vetting practices in line with this broader presidential directive.
What Prompted the New Review Standards?
The revised immigration review framework comes in the wake of a violent incident in Washington, D.C., involving an Afghan national and two National Guard members. The episode spotlighted systemic vulnerabilities in screening individuals from countries where identity verification and intelligence-sharing are limited.
In response, Presidential Proclamation 10949 was issued on June 4, 2025, citing concerns over identity fraud, terrorism, and public safety. The Proclamation restricts entry for individuals from the following countries unless exempted:
- Afghanistan
- Burma (Myanmar)
- Burundi
- Chad
- Republic of the Congo
- Cuba
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos
- Libya
- Sierra Leone
- Somalia
- Sudan
- Togo
- Turkmenistan
- Venezuela
- Yemen
Who’s Affected?
Individuals from these countries outside the U.S. on or after June 9, 2025, without a valid visa, are subject to entry suspensions. Exemptions are noted in Sections 4(b) to 4(d) of the Proclamation.
How USCIS Will Apply Discretion Under INA § 212(f)
USCIS now treats country-specific risk indicators as significant negative discretionary factors. This affects cases where adjudication includes a discretionary component, including:
- Adjustment of Status (green card) applications
- Extension or change of nonimmigrant status
- Discretionary employment authorization requests
- Certain waivers and humanitarian relief requests
These new vetting criteria may lead to increased scrutiny of applicants from the designated countries, even if they are currently living and working in the U.S.
Examples of factors now under consideration:
- Identity document reliability
- Information-sharing limitations with the foreign government
- National screening and vetting capacity
- Security-related intelligence related to country of origin
Practical Impact on Applicants and Employers
For foreign nationals, this means an increased risk of denial for immigration benefits that rely on USCIS discretion. This applies even to those already in the United States. Additional documentation or Requests for Evidence (RFEs) may become more common.
For U.S. employers, especially those sponsoring employees from affected countries, this may result in longer processing times, more extensive evidence requests, and increased compliance obligations.
