Summary of Immigration Restrictions Following Shooting of Two National Guard Members
Following the tragic November 26, 2025 shooting of two National Guard members in Washington, DC and the arrest of an Afghanistan national for the shooting, the Department of Homeland Security (DHS) and Department of State (DOS) published a number of measures meant to restrict entry and eligibility for benefits for many foreign nationals.
This alert summarizes the new requirements and restrictions implemented by DHS and DOS.
USCIS pauses asylum decisions for all nationalities.
US Citizenship and Immigration Services (USCIS) halted all asylum decisions for all nationalities in a December 2, 2025 Policy Memorandum. USCIS will still hold scheduled asylum interviews but will not make any decisions on pending applications. It is unclear whether the Executive Office for Immigration Review (EOIR), which adjudicates asylum applications for individuals in immigration proceedings, will continue to adjudicate asylum applications.
DOS pauses visa issuance for all Afghanistan nationals.
On November 28, 2025, DOS announced on X that it was “IMMEDIATELY” pausing visa issuance for all individuals with Afghanistan passports, in a purported move to “protect U.S. national security and public safety.” This presumably applies to all nonimmigrant and immigrant visas. Afghanistan nationals were already subject to the June 4, 2025 travel ban.
Decisions on “all” immigration benefits applications are paused for individuals from “high risk” countries that are subject to the travel ban.
On June 4, 2025, President Trump issued a Proclamation implementing a travel ban for 19 countries, which are listed in our prior Alert. The December 2, 2025 USCIS Policy Memorandum also places a hold on all benefit requests for individuals who were born in or are citizens of these 19 countries. It is unclear whether this applies to all immigration benefit applications or only those related to permanent residence and parole applications, as the Policy Memo specifically lists a handful of applications:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-90, Application to Replace Permanent Resident Card (Green Card)
- Form N-470, Application to Preserve Residence for Naturalization Purposes
- Form I-751, Petition to Remove Conditions on Residence
- Form I-131, Application for Travel Documents and Parole Documents
No further guidance has been issued regarding the scope of this pause, or when decisions may be issued for individuals from these 19 countries.
USCIS to consider “country-specific facts and circumstances” in adjudicating immigration benefit requests for individuals born in or citizens of the 19 countries subject to the June 4, 2025 travel ban.
USCIS announced in a November 27, 2025 Policy Alert that it would consider “any relevant country-specific factors such as those specified [in the travel ban] as significant negative factors in the adjudication of discretionary benefit requests.” This includes both nonimmigrant and immigrant petitions filed to USCIS.
It is unclear how much additional scrutiny will be placed on these applications, but it is likely that adjudications will be delayed by USCIS while these factors are considered.
USCIS to re-review approved benefit requests for individuals born in or citizens of the 19 countries subject to the June 4, 2025 travel ban.
The December 2, 2025 USCIS Policy Memorandum also announced that USCIS would conduct a “comprehensive re-review” of all approved benefit requests for foreign nationals subject to the travel ban who entered the United States on or after January 20, 2021. USCIS subsequently announced the establishment of a “Vetting Center” to review both pending applications and previously approved applications for individuals who are from the 19 “high risk” countries listed in the June 4, 2025 travel ban. The Policy Memo also notes that USCIS “may, when appropriate, extend this review and re-interview process to aliens who entered the United States outside of this timeframe.”
DOS to implement expanded screening and vetting of H-1B and H-4 visa applicants.
On December 3, 2025, a DOS Announcement stated that effective December 15, 2025, all H-1B and H-4 visa applicants would be subject to an “online presence review” during the visa application process. All H-1B and H-4 visa applicants will be subject to the same social media vetting that is currently in place for F, M, and J visa applicants, and must set all social media profiles to “public” for review by consular officers. It is likely that visa applicants who have been critical of the United States and/or its allies on social media could have their visa applications denied.
Soon after this announcement, a number of US Consular Posts began postponing H-1B and H-4 visa appointments that were scheduled on or after December 15 and rescheduling the appointments for several months later. Foreign nationals who are traveling abroad to renew their H, F, M, or J visas should be aware of the possibility of having their visa appointments cancelled or postponed.
USCIS reduces validity period of many Employment Authorization Documents (EADs).
In a December 4, 2025 Policy Alert, USCIS announced that it is reducing the maximum validity period for certain EADs from five years to 18 months. This reduction in validity, combined with the previous USCIS policy change to eliminate the automatic extension of EADs based on a timely filing of an extension, will likely result in many foreign nationals experiencing a temporary loss of their authorization to work in the United States. Please see Mintz’s Client Alert on this issue.
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