08/28/2025

USCIS Policy Updates: Implications for Business Immigration

The changes emphasize national security, fraud detection and Trump administration values

In August 2025, U.S. Citizenship and Immigration Services (USCIS) issued three key policy updates enhancing vetting, good moral character (GMC) evaluations and scrutiny of "anti-American" conduct in immigration adjudications. These changes emphasize national security, fraud detection and alignment with the current administration’s defined U.S. values. These policy memos will impact employers sponsoring foreign workers, including H-1B, L-1, EB visas, adjustments and naturalization.

1. August 1 Policy: Reestablishing Screening and Vetting Standards
   USCIS updated its Policy Manual to clarify interview criteria for asylees, refugees and derivatives adjusting to lawful permanent resident (LPR) status via Form I-485. Mandatory interviews are triggered by unverifiable identities, fraud indicators, FBI fingerprint hits suggesting inadmissibility, ties to state sponsors of terrorism or national security concerns. This lowers the burden of what may be a terrorism-related ground to “an articulable concern.” The stated goal is to detect misrepresentation and public safety risks.
2. August 15 Policy: Restoring Good Moral Character Evaluations
   This memorandum restores a holistic, totality-of-circumstances GMC standard for naturalization under INA § 316(a). Adjudicators must weigh positive factors (e.g., community involvement, stable employment) against disqualifiers (e.g., aggravated felonies, DUIs), including unlisted conduct contrary to societal norms. Rehabilitation evidence is considered, but the focus is on alignment with "average citizen" standards. No longer is the absence of negative factors enough; applicants must demonstrate positive factors. This memo is effective August 15, 2025.

Please select this link to read the complete blog post from BMD.