On Aug. 19, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to provide guidance on how USCIS officers should exercise discretion when reviewing immigration benefit requests. Specifically, the guidance clarifies that USCIS officers will carefully consider an applicant's entire immigration record and weigh both positive and negative factors before making a decision on whether to grant an immigration benefit. This update specifically emphasizes considerations related to any involvement in anti-American or terrorist organizations, past requests for parole, and antisemitic activity.
The updated policy also provides guidance on how USCIS officers should exercise discretion when adjudicating EB-5 investor petitions in cases involving threats to national interest, fraud, deceit, misrepresentation, and criminal misuse.
Key Highlights:
- Negative Discretionary Factors: USCIS will assign "overwhelmingly" negative weight to any past conduct supporting terrorist organizations, promoting anti-American ideologies, and endorsing antisemitic terrorism or related ideologies.
- Anti-American Activity: USCIS has expanded social media vetting to include reviews for anti-American activity. Any support, promotion, or endorsement of anti-American ideologies or organizations will be considered an overwhelmingly negative factor.
- Association with Terrorist or Antisemitic Groups: Any involvement with or support for terrorist organizations, antisemitic terrorism, or related ideologies will have significant negative impact.
- Past Parole History: USCIS will consider whether prior parole requests were made in good faith and in compliance with applicable laws and policies in effect at the time.
- EB-5 Investor Petitions: USCIS specifically noted that it will apply discretion in cases involving threats to national interest, fraud, deceit or misrepresentation, and criminal misuse. This will apply to both standalone and regional center investor petitions.
The new guidance is effective immediately and applies to all cases pending or filed on or after Aug. 19, 2025, and supersedes any related prior guidance.
For more detailed information, please refer to USCIS policy alert.
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.
