Immigration

United States |  USCIS applying country-specific scrutiny to benefit requests

Summary

As part of its adjudication of discretionary benefit requests, the U.S. Citizenship and Immigration Services (USCIS) now considers country-specific facts and circumstances such as those outlined in the Presidential Proclamation 10949, “Restricting the Entry of Foreign Nationals To Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats” (PP 10949), which was issued in June 2025. Accordingly, individuals seeking adjustment of status applications, extension of nonimmigrant stay, and change of nonimmigrant status who are from the 19 countries listed in PP 10949 may be subject to heightened scrutiny and potentially be required to demonstrate a national interest basis for their request.

The detail

Background

Section 212(f) of the Immigration and Nationality Act (INA) authorizes the President to suspend the entry of any class of noncitizens or impose restrictions on the entry of noncitizens. On June 4, 2025, President Trump issued PP 10949 to suspend the entry or admission of individuals from nineteen designated countries that the Administration has deemed as high-risk. With certain exceptions, PP 10949 applies to noncitizens who are outside of the United States on or after June 9, 2025 and who do not have a valid visa on or after that date.

The 19 countries referenced in PP10949 are Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen.

USCIS application to Policy Manual

USCIS has updated its guidance to explain how INA § 212(f) and PP 10949 impact the Agency’s exercise of discretion. Specifically, USCIS made a Policy Announcement on November 27, 2025 stating that “effective immediately”, USCIS “will consider relevant country-specific facts and circumstances such as those outlined in PP 10949 as part of its adjudication of discretionary benefit requests.” Individuals seeking adjustment of status applications, extension of nonimmigrant stay, and change of nonimmigrant status who are from the 19 countries listed in PP 10949 might be subject to heightened scrutiny and potentially be required to demonstrate a national interest basis for their request.

The Policy Alert specifically states the impact of INA 212(f) on the Agency’s adjudication of benefit requests as follows:

• With certain exceptions, USCIS considers any relevant country-specific factors such as those specified in PP 10949 as significant negative factors in the adjudication of discretionary benefit requests.
• Country-specific factors that include, but are not limited to, insufficient vetting and screening information that limits USCIS’ ability to assess the risks posed by individuals from the countries identified in PP 10949.

The impact

Individuals from the designated high-risk countries who are seeking adjustment of status, change of nonimmigrant status, or extension of a nonimmigrant status should anticipate:

• Heightened scrutiny of benefit applications,
• Potential delays due to additional security measures and vetting,
• Increased documentation to verify identity and lawful intent, and/or
• Potential RFEs requesting demonstration of national interest waiver.

Vialto will continue to monitor the impact of the new USCIS guidance and will provide further information as it becomes available.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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