On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced crucial updates to its policy manual, focusing on the "discretionary factors" that would bar applicants from being granted immigration benefits, such as support for or involvement in organizations that are deemed to be "anti-American" or antisemitic. Separately, USCIS announced that it is expanding the scope of social media vetting to include reviews for anti-American activity when immigration applicants request additional benefits.
Quick Hits
- USCIS has updated its policy manual to include review of past admissions and parole requests and involvement in "anti-American" or terrorist organizations, and evidence of antisemitic activity as critical factors in discretionary benefit decisions.
- Social media vetting is expanded to additional benefit requests and will include reviews for anti-American activity, which will be a heavily negative factor in discretionary analyses.
- The policy changes also clarify when an exercise of discretion should be applied for an EB-5 investor immigrant petition, for requests for extensions, change of status, reinstatement of F or M status, and for certain employment authorization requests.
USCIS updated the policy manual by adopting new criteria and specifying circumstances for USCIS officers in their decision-making and evaluation of individuals seeking immigration benefits.
USCIS officers will now consider if an applicant's past requests for admission or parole were "made in accordance with all laws, regulations, and policies in effect at [the] time" when the requests were made. The policy update affirms that USCIS will continue to consider circumstances where the applicant "has endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group, including those who support or promote anti-American ideologies or activities." Evidence of antisemitic activity will also be a critical factor in the discretionary analysis.
Additionally, the scope of benefit requests subject to social media vetting has been expanded, and reviews for anti-American activity will be incorporated into social media vetting, with such activity being a heavily "negative factor" in discretionary decisions.
The updated guidance also clarifies the application of discretion in adjudicating EB-5 investor petitions, particularly "in cases involving threats to the national interest, fraud, deceit, misrepresentation, and criminal misuse."
The updated guidance is effective immediately and applies to all requests pending or filed on or after the publication date.
Ogletree Deakins' Immigration Practice Group will continue to monitor developments and will publish updates on the Immigration blog as additional information becomes available.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
