USCIS Adjudication Holds in 2026: What the New Policy Means for Immigration Cases

Over the past several weeks, I’ve seen many clients and colleagues grapple with the practical impact of the USCIS policy memo that took effect on January 1, 2026, directing adjudicative holds on certain immigration benefit applications. These developments have created real uncertainty on the ground, especially for clients from countries designated as “high-risk” under the relevant Presidential Proclamations.

What the Policy Actually Does

USCIS’s Policy Memorandum PM-602-0194, effective January 1, 2026, requires officers to place a hold on all benefit applications (pending or new) filed by individuals connected to designated high-risk countries, pending enhanced national security and public safety review. This hold applies regardless of entry date, meaning it affects pending cases already in the system, not just new filings. The Memo also states that USCIS will re-review approved cases dating back to January 20, 2021.

The policy is grounded in authority from the Immigration and Nationality Act, subsequent Executive Orders, and Presidential Proclamation 10998. Agencies identified certain countries as high-risk due to deficiencies in screening, vetting, and information sharing, and determined that adjudications must pause while a comprehensive review is conducted.

Critically, this hold is not the same as a denial — a hold means USCIS may not issue a final decision until the review and any exceptions are considered, but it does not extinguish the application itself.

Who Is Impacted — And What Exceptions Exist

The hold generally applies to individuals connected to a high-risk country through country of birth or citizenship. Dual citizenship does not automatically exempt an applicant, and in some cases, country of birth alone can trigger application of the hold even if the individual holds a second passport from a non-affected country.

USCIS’s own guidance outlines limited exceptions to this adjudicative hold. One such exception is a national interest exception — where an applicant’s presence or work provides a significant benefit to the United States, such as in areas tied to public health, national security, critical infrastructure, or other matters of national importance.

This exception is not the same as a standard immigration benefit like the National Interest Waiver (NIW), but it reflects a recognition that certain contributions may justify an expedited or continued adjudication even in the context of heightened review.

Real-World Impact I’m Seeing

From what I’m seeing in practice, the application has been broader than many initially expected — including cases where clients are:

• Lawfully present in the United States on a valid nonimmigrant visa,

• Holding a passport from a country not subject to travel restrictions,

• Yet still experiencing a hold on adjudication because of links to a designated high-risk country of birth.

  
  

This underscores that the pause is not limited to individuals outside the U.S. or seeking entry, but can affect pending benefits across the board, including employment-based and adjustment-of-status filings.

Strategy: Proactively Building the Discretionary Record

In light of the uncertainty and the possibility of extended delays, Outcounsel's current strategy is to proactively address discretionary considerations in cases impacted by these policies, even where USCIS has not explicitly requested them.

That means thoughtfully incorporating sections that highlight a client’s:

• Clean immigration and personal record

• Verified background and compliance history

• Documented public service and community engagement

• Other positive equities that reflect the totality of the record

This approach helps ensure the record is fully developed whenever adjudication resumes, and it aligns with factors USCIS is likely evaluating during the enhanced review.

RFEs and Emerging Patterns

I’ve reviewed several RFEs where officers are probing discretionary factors more deeply than in prior years. For clients from countries associated with heightened scrutiny, requests often focus on:

• Long-term U.S. ties and lawful compliance

• Professional and academic accomplishments linked to U.S. benefit

• Community involvement and service

• Evidence of good moral character and minimal risk factors

  
  

Addressing these topics early strengthens the record and anticipates the sort of evidence that could support exceptions or favorable outcomes.

Litigation on the Horizon

Because these policies can delay adjudications indefinitely without issuing final decisions, multiple class actions have already been filed and more are expected challenging aspects of the pause and review processes. This litigation may result in additional guidance or even operational changes, but the timing and outcome of those cases remain uncertain.

Looking Ahead

This is a dynamic period in immigration policy. While the adjudication of certain benefit requests is currently paused for many individuals connected to high-risk countries, the underlying applications are not dismissed, and thoughtful preparation now can position clients for more favorable outcomes when adjudication resumes.

If you have questions about how these changes affect specific cases or want to discuss strategy, feel free to reach out at hello@outcounsellaw.com