The U.S. Citizenship and Immigration Services (USCIS) has rolled out updates to its Policy Manual, effective August 19, 2025, to intensify scrutiny of immigration benefit requests, including green cards, parole, and EB-5 investor petitions.
Detailed in Policy Alert PA-2025-16, these changes, which apply immediately to all pending and new requests, emphasize rigorous vetting for anti-American and antisemitic activities. Additionally, USCIS has expanded its social media vetting to detect such activities, further strengthening the adjudication process.
The revised guidance clarifies the discretionary factors USCIS officers consider when adjudicating benefit requests that require discretion, such as adjustment of status, parole, and certain employment authorizations. A primary focus is the “overwhelmingly negative” weight assigned to evidence of an applicant’s endorsement, promotion, support, or espousal of views from anti-American or terrorist organizations, including those that promote antisemitic terrorism or ideologies, as defined under INA 313(a).
Officers are instructed to enforce immigration laws to the fullest, denying benefits to applicants engaged in such activities. Compliance with immigration laws, including the legality of past applications for admission or parole, is a critical factor, with officers evaluating adherence to all applicable laws, regulations, and policies at the time of filing.
The updated Policy Manual specifies which immigration benefits involve discretionary review, as outlined in Volume 1, Part E, Chapter 8. Benefits that involve discretion include applications to extend or change nonimmigrant status, advance permission to enter as a nonimmigrant, humanitarian parole, temporary protected status, asylum, adjustment of status, waivers of inadmissibility, consent to reapply for admission after deportation or removal, and certain employment authorizations.
Limited discretion applies to petitions for fiancés of U.S. citizens and specific exceptions for employment-based immigrant petitions (e.g., national interest waivers under INA 203(b)(2)(B), immigrant investor petitions, and Regional Center applications. Benefits with no discretion include petitions to classify aliens as nonimmigrant workers, family-based immigrants, registration, recognition as an American Indian born in Canada, naturalization, and applications for a Certificate of Citizenship, with some noted exceptions.
For EB-5 investor petitions (Forms I-526, I-526E, I-956, and I-956F), USCIS will apply heightened discretion in cases involving threats to the national interest, fraud, deceit, misrepresentation, or criminal misuse, as outlined in INA 203(b)(5)(N)(i) and INA 203(b)(5)(O)(i). The discretionary analysis for employment-based immigrant petitions (Form I-140) is limited to national interest waiver cases.
The guidance also affirms discretion in adjudicating extensions of stay, changes of status, reinstatement of F or M nonimmigrant status, and certain employment authorization requests under 8 CFR 274a.12(C), with anti-American or antisemitic activities serving as significant negative factors.
USCIS has expanded its social media vetting program to cover a broader range of benefit requests, now explicitly screening for anti-American activities, which will heavily influence discretionary decisions. This leverages digital footprints to enhance background checks.
USCIS spokesman Matthew Tragesser stated, “America’s benefits should not be given to those who despise the country and promote anti-American ideologies. U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that root out anti-Americanism and support the enforcement of rigorous screening and vetting measures to the fullest extent possible.”
The Policy Manual updates affect multiple sections: Volume 1, Part E, Chapter 8 adds anti-American and antisemitic activities as negative factors and updates the table of immigration benefits involving discretionary review to include Regional Center applications.
Volume 2 clarifies discretionary adjudications for extensions of stay, changes of status, and F-1/M nonimmigrant status reinstatement. Volumes 7 and 10 add guidance on discretionary factors for adjustment of status and employment authorization.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
