The U.S. Citizenship and Immigration Services (USCIS) August 2025 policy memorandum on naturalization applications demonstrates the agency’s heightened scrutiny in conferring citizenship and raises questions on how newly empowered officers will conduct their review. 

Citizenship is the final step in what can be a long and complicated journey for foreign nationals seeking immigration benefits. After a period of years of holding lawful permanent residence, the length of which depends on the basis and terms of their green cards, they become eligible to apply for citizenship. 

As statutorily required, USCIS has always assessed an applicant’s “good moral character” in adjudicating citizenship requests. That assessment has generally involved a review of whether an applicant has committed certain crimes, including “aggravated felonies,” and disqualifying misconduct. In the absence of such offenses, applicants have generally been judged to possess “good moral character.”

The August 2025 policy memorandum changes that approach. USCIS’s evaluation now will involve “more than a cursory mechanical review focused on the absence of wrongdoing.” Rather, it will make a “holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.” In other words, citizenship applicants will not be considered to possess “good moral character” simply by pointing to a clean criminal record. They must “demonstrate[e] how their life aligns with a pattern of behavior that is consistent with the current ethical standards and expectations of the community in which they reside.”

Among the positive factors USCIS will assess are “community involvement, family caregiving, educational attainment, stable and lawful employment history, length of lawful residency in the U.S. and compliance with tax obligations and financial responsibility.”

Conversely, if applicants have committed or engaged in “controlled substance violations, multiple DUI convictions, false claims to citizenship, unlawful voting, or ‘any other acts that are contrary to the average behavior of citizens in the jurisdiction where aliens reside,’” they may be disqualified.

This new, increasingly subjective approach and lower standard for disqualification have raised questions and concerns as to how USCIS will assess “good moral character” and adjudicate naturalization applications. It is possible that inconsistent and unpredictable adjudications may result from this updated approach.

Jackson Lewis attorneys are closely monitoring USCIS policy and trends and will continue to provide updates. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.

The U.S. Citizenship and Immigration Services (USCIS) February 2025 policy memorandum and July 2025 policy manual update highlight the agency’s intensified immigration enforcement efforts.

Generally, USCIS will no longer exempt classes or categories of foreign nationals from potential enforcement except in the exercise of prosecutorial discretion. One update describes the circumstances under which USCIS issues Notices to Appear (NTAs). An NTA is a charging document that instructs foreign nationals to appear before an immigration judge and that commences removal (deportation) proceedings and referrals to Immigration and Customs Enforcement (ICE).

The update states that USCIS will now also issue NTAs in the following circumstances:

  • When required by statute or regulation, such as following termination of conditional permanent resident or refugee status.
  • In cases involving foreign nationals who have been arrested, charged with or convicted of a criminal offense once a benefit request has been denied or withdrawn, so long as they are not subject to mandatory detention.
  • In cases involving substantiated fraud or material misrepresentation upon adverse action of the benefit request or other unfavorable determination or action.
  • When a foreign national has no other lawful immigration status or authorization to remain in the United States upon denial or withdrawal of temporary protected status (TPS) after following procedures in the applicable regulations, where required, unless there is sufficient reason to delay issuance of or not issue the NTA.
  • When a foreign national has no other lawful immigration status or authorization to remain in the United States, upon issuance of an unfavorable decision of a benefit request.
  • In other special circumstances, such as following expiration or termination of parole if the foreign national is not lawfully present in the United States.
  • Upon issuance of an unfavorable decision when the beneficiary of an employment-based petition is not lawfully present or is otherwise removable and was the signatory on the I-129 petition.

The updated policy has led to an increased issuance of NTAs, including to H-1B workers within the 60-day grace period following termination of employment, undermining the regulations at 8 CFR 214.1(l)(2).

USCIS also clarified that beneficiaries of family-based petitions may be issued an NTA if they are otherwise removable, since a family-based immigrant petition accords no immigration status or relief from removal, notwithstanding that, in some cases, such beneficiaries may be eligible to adjust status. For example, a foreign national who has filed for adjustment of status (applied for a green card) based on marriage to a U.S. citizen and has overstayed their status or worked without authorization is deportable and inadmissible (not eligible to seek entry or stay in the United States) for such immigration violations. However, such violations are waived when an applicant seeks to adjust status to permanent resident based on the immediate relative relationship (such as marriage to a U.S. citizen). A similar waiver exists for adjustment of status applicants who are beneficiaries of employment-based petitions and have overstayed status, worked without authorization, or violated the terms and conditions of admission, so long as the aggregate period of violations is 180 days or fewer, among other requirements. As such, the updated USCIS policy undermines such waivers of inadmissibility.

Jackson Lewis attorneys are closely monitoring USCIS policy and trends and will continue to provide updates. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.

A federal district court in New Hampshire granted certification to a nationwide class and issued a preliminary injunction (PI) on July 10 that prevents the U.S. government from implementing Executive Order 14160. EO 14160 seeks to restrict birthright citizenship to only those born to at least one U.S. citizen or legal permanent resident parent (mother or father).

The lawsuit, brought on behalf of a pregnant immigrant, immigrant parents, and their children, sought class-action designation for the children, and their parents, who were or would be born after Feb. 20, 2025, and would be impacted by the EO.

The ruling by U.S. District Judge Joseph Laplante follows the recent U.S. Supreme Court decision limiting nationwide injunctions in response to a series of injunctions issued in three separate cases filed against the EO. The Supreme Court’s decision overturned the nationwide injunction but barred the U.S. government from implementing EO 14160 for at least 30 days. It also left open the possibility of nationwide class actions as a means of seeking broader, national relief. As a result, new challenges to the EO were timely filed in federal courts.

Judge Laplante issued a temporary PI, providing the U.S. government the opportunity to appeal within seven days. The government is expected to file an expedited appeal, although similar rulings from other district court judges reviewing similar cases may further postpone the EO’s implementation.  

In the instant case, the judge found that the class petitioners sufficiently demonstrated the likelihood of success on the merits of their claims and are likely to suffer irreparable harm without the order granting the motion for a class-wide preliminary injunction. However, the legality of the EO remains uncertain and will continue to be litigated in federal courts in the coming weeks and months.

Jackson Lewis attorneys are closely monitoring the progress of relevant federal lawsuits involving EO 14160 and will continue to provide updates. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.

The U.S. Department of State has announced resumption of student and exchange visitor visa processing, along with expanded digital vetting procedures. The June 18, 2025, press release, “Announcement of Expanded Screening and Vetting for Visa Applicants,” aligns with guidance issued the same day to consular posts in a cable, “Action Request: Expanding Screening and Vetting for FMJ Applicants.” These show a substantial shift in the F, M, and J visa process and that an applicant’s digital presence now carries significant weight in the applicant’s visa eligibility. Applicants can expect the new screening process to slow down visa approvals.

Under the new policy, once an F, M, or J visa applicant is determined to be eligible for nonimmigrant status, they must still be refused under INA § 221(g) to allow for enhanced post-interview vetting of their online presence. This applies to both first-time and returning applicants.

Consular officers are now instructed to thoroughly examine an applicant’s complete online presence, extending beyond social media platforms. Applicants are required to make their social media profiles public, and officers may create their own accounts to view content. If an applicant’s accounts are private or inaccessible, officers are instructed to treat this as a failure to provide required information and assess whether it suggests evasiveness or calls the applicant’s credibility into question.

Additionally, the same officer who interviews the applicant must perform online vetting, and cases may not be referred to fraud prevention or other security units. Officers are also instructed not to operate under any quotas or processing targets, and instead to take the time necessary to determine whether an applicant qualifies for the visa.

The cable states the purpose of online vetting is to identify any potentially derogatory information, including “any indication of hostility toward U.S. citizens, culture, government, institutions, or founding principles as potentially disqualifying.”

Consular posts were directed to implement the new vetting procedures within five business days and to resume scheduling F, M, and J visa interviews. As of early July, implementation continues to be inconsistent. Some U.S. embassies have not yet reopened visa slots, while others have just begun screening social media accounts. Applicants should check their local U.S. embassy or consulate website for updated guidance and appointment availability.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

On July 7, 2025, DHS Secretary Kristi Noem announced that TPS designations for Nicaragua and Honduras will not be extended. TPS designations for both countries expired on July 5, 2025.

The 60-day transition period will start on July 8, 2025. Work authorization documents based upon TPS designation for Nicaragua and Honduras will remain valid during the transition period.

The Secretary determined that country conditions in Nicaragua and Honduras have improved to the point where Nicaraguan and Honduran citizens can return home in safety.

Lawsuits were filed in response to Secretary Noem’s decisions to end TPS designations for several countries (Haiti, Venezuela). Similar legal challenges may be made to the decision to terminate TPS designations for Nicaragua and Honduras.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

A federal judge has blocked the Trump Administration from ending TPS for Haiti months earlier than initially planned under the 2024 government extension.

On June 27, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced that she will not renew Haiti’s TPS designation. The TPS designation will expire on Aug. 3, 2025, and the termination, including work authorization documents, will be effective on Sept. 2, 2025, according to Noem.

DHS confirmed in the Federal Register Notice that Haitian TPS continue to be employment-authorized during the transition period and automatically extended the validity of certain EADs previously issued under the TPS designation of Haiti through Sept. 2, 2025.

The secretary determined that country conditions have improved to the point where Haitians can return to Haiti in safety. Based on her review, in consultation with appropriate U.S. government agencies, the secretary determined that termination of TPS for Haiti is required because it is contrary to the national interest to permit Haitian nationals to remain temporarily in the United States.

On July 1, 2025, U.S. District Judge Brian Cogan blocked the government’s attempt to end the TPS designation for Haiti on Sept. 2, 2025. Judge Cogan wrote, “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation.” The ruling concluded that DHS exceeded its authority by curtailing the TPS designation from the initial 18 months to 12 months. Therefore, the TPS designation should return to its initial February 2026 end date, the court ruled.

The government will likely appeal the decision.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

The House of Representatives passed budget reconciliation bill H.R. 1, entitled “One Big Beautiful Bill Act,” that includes significant changes to the immigration fee structure. As the Senate prepares its version of the reconciliation bill, many of the immigration-related provisions are unchanged from the one passed by the House.

H.R. 1 aims to initiate or increase fees for many immigration-related applications, including the following:

  • $1,000 asylum application fee;
  • $1,000 fee for individuals paroled into the U.S.;
  • $500 application fee for Temporary Protected Status (TPS);
  • $250 visa integrity fee;
  • $100 annual fee while asylum applications remain pending;
  • $1,500 fee to adjust status to lawful permanent resident (green card);
  • $1,050 fee for inadmissibility waivers;
  • $900 fee to file motions to reopen or reconsider; and
  • $30 fee for Form I-94 (arrival/departure record).

The proposed fees would increase annually, and fee waivers will not be granted under the bill. Additionally, employment authorization document (EAD) renewals for categories including TPS, asylum, and humanitarian parole would be required every six months, with a $550 fee per renewal. Further, the Trump Administration reportedly plans to introduce a $1,000 fee for expedited processing of tourist and nonimmigrant visa applications on top of the normal $185 processing fee.

The bill also allocates over $60 billion to U.S. Customs and Border Protection through 2029, quadrupling CBP’s annual budget to expand facilities, hire thousands of new agents, and deploy advanced surveillance and biometric technologies. Although aimed at enhancing border security, an expanded use of AI and biometric systems may increase scrutiny and delays for legal immigrants, including visa holders and lawful permanent residents (LPR), at ports of entry.

The bill authorizes approximately $146.3 billion in funding for immigration detention and enforcement activities. It also reduces funding for Social Security, Medicare, and other public programs. Employees on visas or with LPR status could face new financial and eligibility constraints as a result. A 3.5% remittance tax would apply to money sent abroad by non-citizens, directly affecting workers supporting family overseas. Similarly, eligibility for healthcare premium tax credits and Medicare would be limited to a narrow group (excluding most temporary workers, including H-1B visa holders), potentially increasing out-of-pocket healthcare costs for both employees and sponsoring employers.

Jackson Lewis attorneys will continue to monitor the status of the reconciliation bill as it continues to move through the legislative progress, as well as provide updates on any significant changes to immigration policies and possible changes to current fees for impacted categories.

E-Verify is an internet-based system through which employers electronically confirm the employment eligibility of their employees. Designed to ensure that employers hire individuals authorized to work in the country, E-Verify compares information provided by employees on Form I-9 with government records. Over time, the system has evolved to adapt to changing legislative environments, technological advancements, and patterns of misuse or fraud.

Increasingly, employers are receiving detailed reminders and alerts from E-Verify focusing on timeliness and compliance. For example:

  • Employers identified by E-Verify as having a high percentage of cases for aliens authorized to work who presented a combination of List B and List C documents have received email notifications that state, “Having a high percentage of List B and List C documents may indicate that you request specific documents from employees completing Form I-9, Employment Eligibility Verification, without allowing them to decide which identity and employment authorization documentation to present.” The email further details potential consequences if the allegation is substantiated.
  • Employers were receiving E-Verify Case Alerts of revocation of an employee’s employment authorization document (EAD). E-Verify is no longer sending these alerts. Instead, employers are directed to regularly generate Status Change Reports to identify E-Verify cases created with a revoked EAD. Employers are directed to immediately reverify each current employee with a revoked EAD as identified on the Status Change Report, or after the employee voluntarily discloses EAD revocation, and complete all reverifications within a reasonable time.

The evolving landscape of E-Verify notices to employers reflects broader trends in immigration policy, technology, and workplace dynamics. As these trends continue to develop, employers must stay informed and proactive to effectively navigate the complexities of and ensure compliance with E-Verify.

USCIS has released an update to its Policy Manual, bringing significant changes to regulations on the TN nonimmigrant visa classification and perhaps some employers’ practices. For instance, because of changes to the Scientific Technician/Technologist category, employers in the healthcare industry may need to consider other visas for certain roles.  

Eligibility

To be eligible for a TN visa, the individual must have Canadian or Mexican citizenship, an offer of employment in a designated USMCA profession, and the qualifications of the profession as specified in the treaty.

The policy update provides:

  • The intended employment must be with a “U.S. employer or entity” — which appears to be a departure from prior rules. It is unclear whether the policy intends to limit TN employment to an actual U.S. organization and to exclude a foreign employer operating or doing business in the U.S.
  • Self-employment does not qualify for the TN classification.

Application Procedures

The updated policy appears to expand TN visa application submission to any Class A port-of-entry, which would include both the Northern and Southern borders, and any airport with a CBP post accepting international flights. It also appears to restrict applications at CBP pre-clearance or pre-flight stations to those located within Canada.

Documentation Requirements

The policy update provides:

  • If the specified profession requires a bachelor’s degree, the applicant must have a bachelor’s degree or the academic foreign equivalent.
  • If the degree was earned outside of the U.S., Canada, or Mexico, an academic equivalency evaluation is required.
  • If the profession allows or requires experience in addition to the degree or alternate to the degree, letters from prior employers confirming experience should be provided.
  • The applicant must meet any licensing requirements that apply to their profession in the state where they will work if they will engage in activities that legally require a license.

Specific Professions

The list of qualifying TN professions includes 63 distinct professional categories. The 2025 policy update changes some individual professions directly:

  • The Scientific Technician/Technologist (ST/T) must work in direct support of a supervisory professional in one of 10 disciplines.   The ST/T category is not applicable for individuals who will work in patient care, as medicine is not a covered discipline.
  • The Physician may only engage in patient care that is incidental to teaching or research.
  • The Computer Systems Analyst category does not include programmers, although some incidental programming activities may be performed.
  • The Economist category does not include market research analysts, marketing specialists, or financial analysts.
  • Engineers must have a qualifying engineering degree in a field related to the engineering job being offered. The Engineer category should not be used to fill a primarily computer-related position unless the applicant’s background is truly in engineering and the category does not cover generic programmer or technician roles.

Implications

Duration of stay and renewal policies are largely consistent with prior USCIS guidance.

Employers with TN employees will face new challenges under the 2025 update:

  • Applicants under the Engineers category with degrees unrelated to the job (even if they work in an engineering firm) could face denial. Companies in the tech sector need to ensure the Engineer category is not used for roles like software developer and IT analyst if the individual is not truly an engineer by training.
  • Mexican and Canadian professionals in finance or marketing roles will find it harder to obtain TNs unless their job description is squarely within economic analysis.
  • Employers must ensure TN professionals work strictly within the scope of approved employment parameters.

Jackson Lewis attorneys are available to assist in determining whether and how your particular situation is affected by the USCIS Policy Manual updates.

USCIS has issued updated guidance following the U.S. Supreme Court’s May 30, 2025, decision to grant DHS’s request to lift an April 14 U.S. district court order halting the Department’s termination of the CHNV program.

With this decision, DHS may proceed with terminating parole granted under the CHNV parole programs and with revoking any employment authorization based on being paroled under the programs.

Individuals whose parole is terminated and whose employment authorization is revoked will receive notification in their myUSCIS account.

Employers should review their I-9 records to determine whether they have impacted employees. Jackson Lewis attorneys are available to answer questions about I-9 review and best practices in light of the USCIS guidance.