On August 19, 2025, USCIS updated its Policy Manual to clarify how officers apply discretion in certain benefit requests. The update is effective immediately and applies to pending and future requests. USCIS officers must weigh positive vs. negative factors when discretion is required. Any connection to terrorism, antisemitic extremism, or anti-American activity carries overwhelming negative weight. Updates also tighten how discretion is used in employment-based and EB-5 cases.
Anti-American & Terrorist Ties: Endorsing, supporting, or promoting terrorist organizations, antisemitic terrorism, or anti-American ideologies will be treated as a heavily negative discretionary factor, often leading to denial.
Social Media Vetting: Expanded to more benefit requests; reviews now include all social media presence review for anti-American activity.
Lawful Applications: Officers now consider whether an applicant’s admission or parole request was made in line with laws and regulations in effect at the time of their entry to the U.S.
Employment-Based Petitions: Discretion applies only in national interest waiver cases, not across all EB categories.
EB-5 Cases: Clarifies how discretion applies when fraud, misrepresentation, criminal misuse, or national security threats are involved.
Compliance Matters: An applicant’s immigration law compliance remains a relevant factor.
Other Discretionary Decisions: USCIS exercises discretion in cases like:
Action Steps and Best Practices
Farmer Law PC will monitor developments with respect to these and other policy changes and will post updates as additional information becomes available.
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