On August 19, 2025, US Citizenship and Immigration Services (USCIS) issued updated guidance in its Policy Manual outlining expanded discretionary factors for officers to consider when adjudicating certain immigration benefit requests. The update reflects a heightened focus on national security, ideological alignment, and compliance with immigration laws.
Key Changes to Discretionary Review
USCIS officers are now directed to evaluate a broader set of factors when determining whether an applicant merits a favorable exercise of discretion. These include:
- Past requests for parole
- Affiliation with anti-American or terrorist organizations
- Evidence of antisemitic activity or support for antisemitic ideologies
The guidance makes clear that anti-American activity will be treated as an overwhelmingly negative factor in discretionary determinations. USCIS has also expanded social media vetting to include reviews for anti-American content.
Additional Guidance for EB-5 and National Interest Cases
The update also provides new instructions for adjudicating EB-5 investor petitions and other benefit requests involving:
- Threats to national interest
- Fraud, deceit, or misrepresentation
- Criminal misuse of immigration benefits
Officers are directed to assess whether applications were submitted in accordance with all applicable laws, regulations, and policies at the time of filing.
Compliance and Vetting Emphasis
USCIS reiterated that an applicant’s compliance with immigration laws is a relevant factor in discretionary analysis. Officers must consider whether the applicant has endorsed or supported ideologies or organizations that pose a threat to U.S. values or security.
This guidance, published in Volume 1 of the USCIS Policy Manual, is effective immediately and applies to all pending and future benefit requests. It supersedes any prior related guidance and is binding on USCIS adjudications.
Alignment with Good Moral Character Policy
This update complements USCIS’s August 15, 2025 revision to the Good Moral Character standard for naturalization applicants, which introduced a holistic review of applicants’ behavior, civic responsibility, and community contributions. Together, these policies signal a shift toward values-based adjudication, where applicants must demonstrate not only legal eligibility but also alignment with American civic norms.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.