On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced an update to its Policy Manual that could have serious consequences for foreign nationals applying for certain immigration benefits. Under the new guidance, USCIS officers may weigh whether an applicant has engaged in activity deemed “anti-American” when making discretionary decisions.
This change underscores the importance of being mindful of public conduct, including online activity and organizational affiliations, when seeking U.S. immigration benefits.
What Counts as “Anti-American” Activity?
USCIS did not provide an exhaustive list, but examples noted include:
- Social media posts promoting anti-American or antisemitic views.
- Involvement with organizations that advocate against the United States or have terrorist affiliations.
- Any activity that officers believe undermines U.S. interests or values.
The guidance clarifies that the presence of such factors can weigh heavily against approval in cases where USCIS has discretion.
Which Applications Could Be Affected?
The new policy applies broadly to a range of discretionary immigration benefits, including:
- Extensions or changes of status (e.g., H-1B extensions, H-4 status changes).
- Adjustment of status applications (Form I-485).
- Employment authorization (Form I-765).
- Advance parole (Form I-131).
- Certain employment-based petitions, such as EB-2 National Interest Waivers and EB-5 investor petitions, especially where fraud, misrepresentation, or national security concerns are alleged.
How Officers Will Review Cases
When making discretionary decisions, USCIS officers will not only review the applicant’s immigration record but also take into account:
- Conduct and character.
- Family ties in the U.S.
- Immigration and criminal history.
- Humanitarian considerations.
This mirrors the Trump Administration’s broader efforts to increase scrutiny on foreign nationals living and working in the United States.
Why This Matters
The update means that applicants should take extra caution in how they present themselves publicly. Activities that may seem unrelated to an immigration case — such as social media posts or affiliations with certain organizations — could now factor into whether USCIS exercises discretion in their favor.
For employers, this is a reminder that foreign national employees must be counseled to:
- Remain careful about their online presence, particularly when posting political or controversial content.
- Vet any organizations they are involved with, in the U.S. or abroad, before joining.
- Seek legal guidance if they have concerns about past affiliations or activities that may be misinterpreted.
Final Thoughts
This policy change represents a heightened level of scrutiny in U.S. immigration adjudications. While it does not affect every case, it raises the stakes for individuals applying for discretionary benefits.
At NPZ Law Group, we advise clients to be proactive: evaluate social media presence, review organizational ties, and seek professional legal guidance before filing applications that may be subject to discretionary review.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.