U.S. Citizenship and Immigration Services (USCIS) has issued new guidance in the USCIS Policy Manual that will significantly impact how immigration benefit requests are reviewed. The agency announced that officers must now give greater consideration to whether an applicant has engaged in anti-American activity, antisemitic activity, or has supported organizations with terrorist affiliations when making discretionary decisions. This change reinforces USCIS’s position that immigration benefits are a privilege, not a right, and that applicants must demonstrate respect for U.S. laws and values.

One of the most notable updates is that anti-American activity will be considered an overwhelmingly negative factor in any discretionary analysis. Applicants who have promoted, endorsed, or supported anti-American ideologies, antisemitic terrorism, or organizations espousing extremist views will face significant barriers in their cases. USCIS also emphasized that antisemitic activity will weigh heavily against approval, highlighting a strong focus on protecting the national interest.

USCIS has also expanded the scope of its social media vetting. A broader range of immigration benefit requests will now undergo social media review, and officers are specifically directed to screen for anti-American activity. This means applicants’ online presence can play an important role in how their cases are evaluated.

In addition to ideological concerns, USCIS reaffirmed that compliance with immigration laws remains a central factor in determining whether a favorable exercise of discretion is warranted. Officers will look closely at whether applications for admission, parole, or other benefits were made in compliance with laws, regulations, and agency policies.

For EB-5 investor petitions, the agency provided further clarification on how discretion applies in cases involving fraud, deceit, misrepresentation, criminal misuse, or threats to the national interest. This ensures that USCIS officers have clearer guidance when evaluating investment-based applications that may raise national security or integrity concerns.

This policy guidance is contained in Volume 1 of the USCIS Policy Manual and is effective immediately. It applies to all pending requests and any new filings submitted after the publication date, and it supersedes any prior related guidance.

For individuals applying for immigration benefits, this update signals a heightened level of scrutiny. Applicants should be prepared to show that they have not engaged in anti-American or extremist activities and that they have complied with all relevant immigration requirements. A careful review of personal history, online activity, and immigration compliance is now more important than ever.

If you are unsure how this USCIS policy update may affect your case, it is important to seek guidance from an experienced immigration attorney. Attorney Thomas M. Lee has more than 25 years of experience in immigration and employment law and is available to help you navigate these complex changes. Call today to schedule your free legal consultation and protect your future in the United States.

This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every immigration case is unique, and you should consult with a qualified attorney for advice specific to your situation. For legal assistance, please contact Attorney Thomas M. Lee to schedule a free consultation.