By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.
U.S. Citizenship and Immigration Services (USCIS) has issued a new memorandum that expands its current adjudication hold policy to foreign nationals from countries on the new travel ban list, which took effect on January 1, 2026 January 1 memorandum. U.S. Citizenship and Immigration Services (USCIS) has clarified and increased its restrictive policies for individuals from travel-ban countries. USCIS placed a hold on all immigration benefits requests for foreign nationals who were born or are citizens of one of the 39 countries listed on the January 1st travel ban or who carry a travel document issued or endorsed by the Palestinian Authority.
Travel Ban
As a reminder, President Trump issued a presidential proclamation and revised the June travel ban on January 1st, 2026, regarding the travel presidential proclamation. The revised June travel ban added a new set of countries and issuances of key visas. There is a list of categories of foreign nationals are exempt from the revised travel ban’s restrictions, some of the exceptions include foreign nationals who are in the United States on January 1, 2026; Foreign nationals who have a valid visa in any category as of January 1, 2026; U.S. lawful permanent residents (green card holders); Dual nationals of a country designated in the proclamation when the individual is traveling on a passport issued by a non-designated country. National interest exceptions under the proclamation are expected to be rare.
The January 1st memorandum as to immigration benefits mandates a re-review of approved immigration benefits if the approval occurred on or after January 20, 2021, whereas the USCIS’s December 2025 memorandum states it would re-review cases approved after January 20, 2021. The January memorandum explicitly states that USCIS will place an adjudicative hold on all pending benefit requests submitted by or for foreign nationals from travel ban countries, which makes clear that the new policies apply to employment-based petitions filed on behalf of foreign nationals from travel ban countries, such as the Form I-129 nonimmigrant visa petition or Form I-140 immigrant visa petition.
USCIS also clarifies in the new memorandum that an adjudicative hold permits USCIS to process the case up to the final adjudication, meaning up to, but not including, the issuance of a final decision such as an approval, denial, or dismissal. USCIS provides a list of immigration benefit requests that are exempt from the adjudication hold policy. Here are a few notable exceptions included in the list:
- Form I-90, Application to Replace Permanent Resident Card (Green Card);
- Benefit requests filed by any foreign national who is an athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives for the purpose of participating in the World Cup, Olympics, or other major sporting event as determined by the Secretary of State; and
- Benefit requests filed by foreign nationals whose entry would serve a U.S. national interest.
USCIS says that the adjudicative hold policy will apply if a travel ban country is listed as the foreign national’s country of birth or country of citizenship on their immigration benefit application
In addition, USCIS has made changes to its Policy Manual, directing USCIS officers to consider a foreign national’s country of birth or nationality as a factor in any discretionary adjudication and should generally treat being from a travel ban country as a negative factor in the discretionary analysis. This agency guidance means that even after the instant USCIS adjudicative hold policy is lifted, employers and foreign nationals could continue to see RFEs and NOIDs that request evidence.
Citizens of countries on this list should be aware and proceed with caution. Stay informed on critical immigration news. Subscribe to our blog today and never miss an important update.
