On August 19, 2025, US Citizenship and Immigration Services
(USCIS) issued updated policy guidance that expands how officers
may evaluate discretionary factors in reviewing immigration
benefits, including national interest waiver (NIW) petitions,
adjustment of status (AOS) applications, and employment
authorization (EAD) requests. While discretion has long been part
of these adjudications, the new policy provides more detailed
instructions to officers and reflects increased scrutiny in certain
areas.
Under this updated framework, USCIS officers are required to
assess the totality of circumstances before approving a benefit
request that involves discretion. For example, officers may
consider positive factors such as a stable employment history,
property ownership, tax compliance, strong family or community ties
in the United States, and lawful immigration status. At the same
time, officers will also consider negative factors such as criminal
history, prior
