In late November and early December, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) issued several policy updates affecting the adjudication of certain immigration benefit requests and the maximum validity periods USCIS may issue for Employment Authorization Documents (EADs). USCIS attributes these updates to national security and public safety concerns and to enhanced screening and vetting.
USCIS Guidance on INA 212(f) and Discretionary Adjudications
On November 27, USCIS issued policy guidance addressing the president’s exercise of authority under section 212(f) of the Immigration and Nationality Act (INA) through Presidential Proclamation 10949, the June 2025 travel ban proclamation, which suspends or limits entry of foreign nationals from 19 countries, with certain exceptions. According to the guidance, USCIS will consider relevant country-specific facts and circumstances reflected in the proclamation as part of its adjudication of discretionary benefit requests. USCIS notes that discretionary benefit requests include, but are not limited to, certain adjustment of status applications, extension of nonimmigrant stay, and change of nonimmigrant status. The guidance applies to requests pending or filed on or after the publication date.
USCIS Memorandum Directing Holds and Reviews of All Pending Asylum Applications and Certain Benefit Requests
On December 2, USCIS issued a policy memorandum directing USCIS personnel, effective immediately, to (1) place a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), regardless of the applicant’s country of nationality, pending a comprehensive review; (2) place a hold on pending benefit requests for individuals from countries listed in Presidential Proclamation 10949 (the June 2025 travel ban proclamation) pending a comprehensive review, regardless of entry date; and (3) conduct a comprehensive re-review of approved benefit requests for individuals from countries listed in Presidential Proclamation 10949 who entered the United States on or after January 20, 2021.
The memorandum provides that the benefit-request hold applies where a Presidential Proclamation 10949 travel ban country is listed as the individual’s country of birth or country of citizenship, that affected individuals may be subject to an interview or re-interview, and that interviews for this population will not be waived. USCIS states the hold remains in effect until lifted by the USCIS director through a subsequent memorandum, and that any request to lift a hold due to litigation or other extraordinary circumstances must be approved by the USCIS director or deputy director. The memorandum provides examples of benefit requests (including Forms I-485, I-90, I-131, I-751 and N-470) and states that “benefit request” does not include certain USCIS screening activities.
USCIS Reduces Maximum EAD Validity to 18 Months for Certain Categories
On December 4, USCIS issued Policy Alert PA-2025-27 updating the USCIS Policy Manual to reduce the maximum validity period for certain Employment Authorization Documents from five years to 18 months (initial and renewal). The change is effective December 5, 2025, and applies to Forms I-765 that are pending or filed on or after that date, including EADs issued in connection with pending adjustment of status applications (including employment- and family-based applicants) and certain humanitarian/protection-from-removal categories. The alert notes that existing EADs remain valid through their expiration date and that the change is intended to allow for more frequent vetting of EAD applicants. The alert also incorporates separate validity-period changes from the One Big Beautiful Bill Act implemented July 22, 2025, for certain parole- and Temporary Protected Status-related EAD categories for requests pending or filed on or after July 22, 2025.
Trump Administration Considers Expanding Travel Ban to More Than 30 Countries
In a related development, DHS Secretary Kristi Noem said on December 4 that the administration will expand travel restrictions to more than 30 countries. No further details were provided on when the updated travel ban will take effect or which countries would be included.
CUPA-HR will continue monitoring USCIS guidance and DHS announcements for additional updates.