Key Takeaways

  • USCIS has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has expanded the pause through follow-up communications and operational practice.
  • Employers should prepare for adjudication delays, additional vetting and potential interruption of work authorization for affected employees.

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USCIS recently clarified that its December 2, 2025 policy — initially described as a review of green cards issued to nationals of 19 “high-risk” countries — extends much further than originally understood. A broad range of immigration benefits for individuals from these countries is now subject to adjudicative holds and heightened vetting, affecting both pending and previously approved applications.

Although the policy memo (PM-602-0192) listed only five categories of filings that would be paused — Forms I-485, I-90, I-131, I-751 and N-470 — USCIS has since made clear that the list was not intended to be comprehensive. USCIS has expanded the pause to critical employment-based and nonimmigrant benefits, including:

  • Form I-129 (H-1B and other nonimmigrant worker petitions).
  • Form I-539 (changes or extensions of status).
  • Form I-140 (immigrant worker petitions).
  • Form I-765 (EAD applications).

This expansion means that affected foreign nationals may face delays in securing or extending work authorization, maintaining nonimmigrant status or progressing in employment-based green card processes. The memo further directs USCIS to conduct “case-by-case vetting” of all paused applications and to re-review already approved benefits for affected individuals who entered the United States on or after January 20, 2021.

For employers, the immediate concern is operational disruption: Paused EAD renewals could lead to work interruptions; delayed H-1B adjudications could affect onboarding and continued employment; and immigrant visa processes may stall. Impacted employees should be prepared for significant delays and increased scrutiny.

While USCIS has not indicated how long these holds will remain in place, the scope of the expanded pause suggests that organizations employing nationals of the designated countries should audit upcoming filing needs, assess potential work authorization gaps and develop contingency plans.

Jackson Lewis attorneys will continue to monitor developments and provide updates as USCIS issues further implementation guidance.