New USCIS Guidance on Country-Specific Facts and Discretionary Benefits Requests

The U.S. Citizenship and Immigration Services (USCIS) recently announced new policy guidance in the USCIS Policy Manual on how country-specific facts and circumstances may impact the adjudication of discretionary benefit requests.

Presidential Proclamation 10949

The new guidance follows the framework of the 04.Jun.2025 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.” The proclamation suspended or limited the entry or admission of foreign nationals from 19 countries due to screening and vetting capabilities and other country-specific factors, as explained in the MurthyDotCom NewsBrief Trump to Implement Travel Ban on Nationals from 12 Countries, Effective 09.Jun.2025 (05.Jun.2025).

Impact on Discretionary Benefit Requests

The USCIS now will consider relevant country-specific facts and circumstances identified in the proclamation when evaluating discretionary benefit requests. These requests include, but are not limited to, certain adjustment-of-status applications, extensions of nonimmigrant stay, changes of nonimmigrant status, waivers, and applications for employment authorization documents (EADs). The guidance applies to any request that is pending or filed on or after the date of publication for the new guidance.

Examples of Country-Specific Concerns

Country-specific factors that the USCIS may consider include a country’s screening and vetting capabilities, information sharing policies, the presence of terrorist organizations, and cooperation with accepting native nationals who are removed from the United States. USCIS officers also may consider a country’s visa overstay rate. If an individual’s conduct after entering the U.S. as a nonimmigrant is inconsistent with the nonimmigrant status, and the individual is from a country with a high rate of overstay, then the conduct may be viewed as a negative factor.

Case-by-Case Adjudication

Being a citizen or national of an affected country is not alone a significant negative factor. The USCIS will evaluate how the relevant country-specific facts relate to the particular applicant. An officer will weigh all positive and negative factors on a case-by-case basis when making discretionary decisions.

Conclusion

Individuals from the affected countries who are in the United States and seeking discretionary benefits may be impacted by this new policy guidance. An individual with specific questions or concerns should consult with a qualified immigration attorney. The Murthy Law Firm is available to assist individuals with questions regarding how this guidance may affect their applications or other immigration matters.

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