USCIS To Consider "Anti-American" Activity In Adjudicating Certain Immigrant Benefit Requests

On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that they have updated their policy manual regarding the discretionary factors that officers may consider in deciding whether to grant certain requested immigrant benefits, including any activity deemed to be "anti-American." Such activity may include social media posts espousing anti-American or antisemitic ideologies or involvement in anti-American or terrorist organizations. This updated policy is effective immediately, and USCIS has made it clear that the presence of anti-American factors will have an overwhelmingly negative impact on eligibility for discretionary immigration benefits, including:

• Petitions or applications for an extension of stay or change of status (e.g., Form I-129 petition to extend H-1B status, Form I-539 application for change of status to H-4, etc.).