USCIS Policy Memorandum on Pending Immigration Benefit Applications
On December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum titled “Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries.” The memorandum includes the following directives, which go into effect immediately:
- Places a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), regardless of the alien’s country of nationality or citizenship.
- Places a hold on pending benefit requests for nationals whose country of birth or country of citizenship is included in Presidential Proclamation (PP) 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, pending a comprehensive review, regardless of the person's date of entry into the U.S.
- Orders a comprehensive re-review of approved benefit requests for aliens from countries listed in PP 10949 who entered the United States on or after January 20, 2021.
While this memorandum does not define the full scope of what is meant by “immigration benefit applications,” this policy may impact applicants who have pending or approved requests with USCIS, including but not limited to OPT/STEM OPT, change of status, or other benefit requests.
What Can I Do to Prepare?
Students and scholars who was born in or is a citizen of one the 19 countries outlined in Presidential Proclamation (PP 10949), may need to prepare for potential processing delays, additional scrutiny, evidence requests, or interviews related to pending or approved USCIS applications.
ISSS is closely monitoring this situation and will provide updates as additional guidance becomes available.
Additional Resource: NAFSA: USCIS Pauses Processing of Immigration Benefits for Nationals of Travel Ban Countries.
Frequently Asked Questions and Answers
Q.Will my pending application with USCIS be denied?
A.At this time, USCIS has not announced any blanket denials related to this policy. The memorandum indicates that certain applications may be placed on hold or subject to additional review, which may result in longer processing times.
Q.Should I withdraw or refile my USCIS application?
A.ISSS does not recommend withdrawing or refiling an application without first consulting an immigration attorney. Withdrawing an application may lead to unintended consequences, and USCIS guidance does not currently recommend this action.
Q.Should I postpone applying for OPT?
A.ISSS does not recommend postponing applying for OPT based on this memorandum. Students who are graduating and eligible for OPT, should continue with their plan to apply to avoid losing out on the benefit.
Disclaimer
This news is not a substitute for legal advice nor international student advisors are immigration lawyers. For complex situations, we encourage individuals to discuss with an immigration attorney. The International Student and Scholar Services provides a list of immigration attorneys as a resource. The University of Utah does not recommend or endorse any particular immigration attorney(s). Individuals are responsible for selecting and vetting the attorney of their choice for their particular legal needs.