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On Dec. 2, 2025, USCIS issued a policy memorandum PM-602-0192 directing officers to place an adjudicative hold on

  1. all pending asylum applications (Form I-589), regardless of nationality, and;
  2. most pending immigration benefit requests – such as green cards, adjustment of status, travel documents, naturalization, etc. – filed by nationals of 19 countries designated as “high risk,” regardless of the entry date.

For nationals from above-mentioned 19 “high-risk” countries, the memorandum also mandates a comprehensive re-review of certain previously approved or pending cases if the applicant entered the United States on or after Jan. 20, 2021. This may include re-interviews, additional vetting, identity verification, or further security-based screenings.

The 19 “high risk” countries include: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

This policy is grounded in Presidential Proclamation 10949 (June 4, 2025), Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, as known as the “travel ban,” and Executive Order 14161 (Jan. 20, 2025), Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, both of which emphasize enhanced national security review of foreign nationals from certain jurisdictions.

Why the Administration Implemented this Policy

The Memorandum cites two recent incidents involving foreign nationals accused of planning and attempting terrorist activity after entering the United States. USCIS notes that gaps in prior screening measures necessitate a broad reassessment of individuals from certain regions.

Impact on Affected Applicants

USCIS acknowledges that the hold and re-review requirements will slow adjudications, even significantly, but asserts that the delay is justified given the national security rationale. Applicants who have pending immigration benefits request may expect delays. The Memorandum also allows USCIS to require interviews for applicants who ordinarily would not need one. Though this policy does not automatically deny applications, adjudications will not resume until USCIS completes its review and issues implementing guidance. Applicants should also be aware that identity-related issues will receive heightened scrutiny. Inability to establish identity or inconsistent documentation may independently trigger ineligibility under the Immigration and Nationality Act (INA).

Practical Considerations for Affected Applicants

Nationals of the 19 “high-risk” countries may wish to:

  • Prepare for extended adjudication timelines;
  • Expect possible requests for re-interviews or additional evidence;
  • Ensure identity documents are complete and consistent; and
  • Consult counsel before international travel, especially where advance parole or re-entry permits are on hold.

Asylum applicants of any nationality should:

  • Monitor for updated operational guidance, which USCIS states will be issues within 90 days; and
  • Acknowledge that no asylum applications will move forward until USCIS lifts the hold.

Takeaways

This Memorandum represents the broadest national-security-based pause on immigration benefits since the “travel ban era.” USCIS states that the hold will remain in effect until lifted by a superseding directive from the USCIS director. It also emphasizes that this policy does not create individual rights or enforceable benefits. Given the scope of the pause, the enhanced security vetting it requires, and its overlap with prior travel ban, this policy may influence adjudications for a considerable period. USCIS has committed to issuing additional operational guidance within 90 days, which will determine how these reviews are implemented in practice and how quickly any movement on pending cases may resume.

In the latest podcast episode of the Immigration Insights Series, hosts Kate Kalmykov and Jennifer Hermansky, shareholders in Greenberg Traurig’s Immigration & Compliance Practice, address the latest challenges and opportunities facing EB-5 investors and regional centers in 2025.

With the Sept. 30, 2026, RIA grandfathering deadline approaching, a surge of investors are seeking to lock in the $800,000 minimum investment before anticipated changes.

The discussion covers the nuances of using loans—including third-party and affiliate financing—and the heightened scrutiny from USCIS on lawful sources of funds.

Kate and Jen also explore installment funding, outlining recent shifts in adjudication trends, aggressive denials, and best practices for documentation and investor preparedness.

The episode concludes with strategies for contesting denials, navigating appeals, and the broader implications for projects and regional centers.

Click here to listen to the full episode.

This Times of India article discusses new USCIS requests for evidence (RFEs) under the Trump administration that demand a $100,000 H-1B visa fee, creating confusion and concern among employers and visa applicants, especially Indians. Greenberg Traurig Immigration & Compliance Co-Chair Kate Kalmykov notes that the heightened costs and uncertainty may cause companies to reconsider or delay H-1B sponsorships. This development is significant as it may add financial and procedural hurdles to a visa program widely used by skilled foreign professionals.

Read “USCIS Issues Requests for Evidence Demanding $100,000 H-1B Fee; Here’s What it Means for Indians.”

U.S. Citizenship and Immigration Services (USCIS) continues to issue formal notifications initiating audits of EB-5 Regional Centers under the EB-5 Reform and Integrity Act of 2022 (RIA)’s authority.

The RIA requires USCIS to audit each approved Regional Center at least once every five years to ensure continued compliance with EB-5 program requirements. The audit process is designed to assess whether a Regional Center is operating according to EB-5 statutory and regulatory standards — including job creation, investor activity, and proper recordkeeping.

According to the notification letters, the USCIS Immigrant Investor Program Office (IPO) Audit Branch will conduct audits primarily on a remote basis but may also perform on-site inspections at the Regional Center, associated new commercial enterprises (NCEs), or job-creating entities (JCEs) if warranted.

The audits include a comprehensive review of:

  • Books, ledgers, and records for the preceding five years,
  • Evidence submitted with prior filings and certifications,
  • Government, commercial, and public records, and
  • Questionnaires and potential interviews with Regional Center representatives.

Regional Centers receiving audit notifications are required to confirm receipt and identify a point of contact within seven days. USCIS may schedule an audit entrance conference following that confirmation. Failure to cooperate or respond may lead to recommendations for termination of the Regional Center’s designation. Document request responses are typically due within a few weeks of the audit notification.

Regional Centers and their associated NCEs should consider:

  1. Reviewing their recordkeeping systems for the past five years,
  2. Confirming that all job creation and investor tracking documentation is organized and accessible,
  3. Designating an internal audit contact and preparing for potential remote or in-person review, and
  4. Working with counsel to prepare for an in-person review.

Key Takeaway

EB-5 Regional Center audits are continuing under the RIA. Entities should ensure they maintain full compliance documentation and be prepared for outreach from the IPO Audit Branch. Early preparation and legal guidance may help mitigate the risk of adverse findings or program termination.

The newly released USCIS proposed fee rule includes reductions to several key EB-5 Immigrant Investor Program filing fees.

At a time when USCIS fees have largely trended upward due to inflation, staffing, and backlog-related costs, the proposed decreases for EB-5 filings stand out as a noteworthy development for regional centers and investors alike.

Proposed EB-5 Fee Reductions

According to the newly proposed rule, the following filing fees are set to decrease:

  • Form I-526E (Immigrant Petition by Regional Center Investor): from $11,160 → $9,625;
  • Form I-956F (Application for Approval of an Investment in a Commercial Enterprise): from $47,695 → $29,935;
  • Form I-956 (Application for Regional Center Designation): from $47,695 → $28,895;
  • Form I-956 (Amendment): from $47,695 → $18,480; and
  • Form I-956G (Regional Center Annual Statement): from $4,470 → $2,740.

New fees would also apply to Form I-956H (Bona Fides of Persons Involved with Regional Center Program) and Form I-956K (Regional Center Investor Compliance Certification), though the changes in those categories are not as significant.

Why This Matters

It is rare for USCIS to reduce filing fees absent litigation—particularly within a complex and high-stakes category like EB-5. Historically, USCIS has justified fee increases by citing the need for operational funding and efficiency improvements. The decision to lower EB-5-related fees may reflect recognition of the program’s administrative challenges and the importance of maintaining accessibility for regional centers and investors post-Reform and Integrity Act (RIA).

Litigation Concerns and the RIA Fee Study

Interestingly, USCIS appears to be deliberately distancing itself from the RIA’s mandated fee study and adjustment process, potentially due to ongoing and potential litigation surrounding the agency’s authority to impose and structure certain EB-5 fees. By proposing independent revisions rather than relying on the RIA’s framework, USCIS may be seeking to insulate itself from future challenges while maintaining operational control over the program’s financial structure.

What Comes Next

The rule is still in the proposed stage, meaning there will be a public comment period of 60 days before final implementation. EB-5 stakeholders—including investors, regional centers, and developers—should consider submitting comments to help shape the final version.

The proposed fee decreases represent an unexpected development in a space where most practitioners had only expected increases.

We will continue to monitor developments.

On Sept, 25, 2025, U.S. Citizenship & Immigration Services (USCIS) began issuing Notices of Regional Center Termination (the Notices) to EB-5 investors whose investments were made through Regional Centers that failed to comply with the EB-5 Reform and Integrity Act of 2022 (RIA).  By way of background, USCIS terminated the designation of many approved Regional Centers in January 2025 where the annual EB-5 Integrity Fees were not paid.

The RIA established new integrity measures designed to enhance oversight and transparency across the EB-5 Regional Center Program, including:

  • Mandatory audits and enhanced due diligence reviews;
  • Use of qualified fund administrators for investor funds;
  • Background checks on principals and operators;
  • Restrictions on foreign government involvement; and
  • Promoter registration and disclosure requirements.

Additionally, the RIA imposed annual EB-5 Integrity Fees to be paid by approved Regional Centers. Under the RIA, USCIS is authorized to terminate a regional center’s designation for failing to meet these requirements or for failing to pay the required EB-5 Integrity Fees.

Impact on Investors

USCIS is issuing the Notices to EB-5 investors under a section of the Immigration and Nationality Act (INA) that allows good faith investors in a terminated regional center to retain eligibility in certain circumstances. Both pre-RIA and post-RIA investors may be affected; however, continued eligibility for the EB-5 process depends on whether the investor filed the I-526 Petition before the passage of the RIA (Pre-RIA) or filed the I-526E Petition after the passage of the RIA (Post-RIA).

Each Notice outlines three response options available to both Pre-RIA and Post-RIA EB-5 investors:

  1. Confirm continued eligibility by demonstrating that the investment still meets EB-5 requirements despite the termination;
  2. Amend the EB-5 petition to show that the original New Commercial Enterprise (NCE) is now affiliated with a new, compliant regional center; or
  3. Amend the petition to show that the investor made a new qualifying investment in an alternate NCE.

Key Takeaway

Investors receiving these Notices should consider prompt action to preserve their EB-5 eligibility. The response deadlines are strict — typically 183 days from the date of the notice (or 194 days for those residing outside the United States). Failure to respond within the prescribed timeframe might result in loss of EB-5 eligibility and denial of the petition. Given the complexity of these Notices and the potential impact on pending or approved EB-5 petitions, investors should consult with experienced immigration counsel to determine the best path forward. Continued eligibility for EB-5 investors depends upon: (1) whether the investor is a Pre-RIA or Post-RIA investor; (2) the reasons for the Regional Center’s termination; (3) whether the underlying EB-5 project has created sufficient jobs; and (4) whether the investor has properly sustained his or her investment. Each of these criteria must be evaluated for a fulsome response.

It is the time of year again for USCIS approved Regional Centers to pay their annual EB-5 Integrity Fees to USCIS. Under the EB-5 Reform and Integrity Act of 2022 (RIA), designated EB-5 Regional Centers must make an annual payment into the EB-5 Integrity Fund. The annual fee is $20,000 for each Regional Center, except for those with 20 or fewer total investors in the preceding fiscal year (Oct. 1–Sept. 30) in its new commercial enterprises, in which case the annual fee is $10,000.

Each year the Integrity Fund fees are due for the upcoming fiscal year, not the past fiscal year. Starting Oct. 1, 2025, and continuing through to Oct. 31, 2025, USCIS will collect the FY 2026 Integrity Fund fee. As outlined in the RIA, USCIS will terminate the designation of any Regional Center that does not pay the required fee within 90 days after the annual fee’s due date. The annual fee is payable online. To avoid any technical issues with payment, penalties, and/or termination, Regional Centers should consider paying early and keeping a clear record of the payment in case USCIS requests evidence of the payment later. Moreover, Regional Centers may wish to confirm the payment is processed with their credit card company or through their bank account to avoid any issues after the payment portal closes.

Penalties for failure to pay the Integrity Fund fee include late fees and/or termination. Termination of the Regional Center may be damaging if the Regional Center has post-RIA investors. Under the RIA, investors filing Form I-526E based on investment in a new commercial enterprise must continue to be sponsored by an approved Regional Center. If the Regional Center is terminated, the new commercial enterprise must associate with a new Regional Center in good standing, although the RIA clarifies that the Regional Center need not be in the same geographic location as the original Regional Center. Based on the Instructions to Form I-526E, USCIS may require EB-5 investors to file an amendment to their pending or approved I-526E petition to notify USCIS of the new Regional Center sponsorship. This may delay the issuance of conditional green cards and result in additional fees for investors. Thus, Regional Centers should consider paying early and taking adequate steps to make sure their payments are timely processed by the government.

On Sept. 18, 2025, U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice announcing the implementation of the 2025 Naturalization Civics Test. This updated version reintroduces the 2020 test format, with modifications, and is designed to assess applicants’ understanding of U.S. history and government.

The new test will apply only to naturalization applications filed on or after Oct. 20, 2025. Applications submitted before that date will continue to be assessed under the 2008 test format, which remains in use during the transition period.

In its notice, USCIS outlines the purpose and legislative foundation of the civics test, emphasizing that U.S. citizenship is the most meaningful immigration benefit the country offers. It confers vital rights and responsibilities, including voting, serving on juries, and defending the Constitution.

The 2025 version expands the question bank to 128 items, increasing the number of questions asked during interviews from 10 to 20, with a passing score of 12 correct answers. Approximately 75% of the questions are derived from the 2008 test, with some carried over verbatim. The remaining 25% are new, while certain questions from the 2008 version have been removed.

In accordance with Section 312(b)(3) of the Immigration and Nationality Act, USCIS continues to offer special consideration for applicants aged 65 or older who have been lawful permanent residents for at least 20 years. These individuals may take a simplified version of the test, consisting of 10 questions selected from a designated pool of 20, with a passing score of 6 correct answers.

The reimplementation of the 2020 test reflects a broader policy shift, aligned with Executive Order 14161, which President Donald Trump issued on Jan. 20, 2025. The directive instructed the secretary of homeland security to evaluate immigration programs for their effectiveness in promoting assimilation, civic preparedness, and attachment to American principles.

Historically, the 2020 test was in effect from Dec. 1, 2020, to April 30, 2021, before being replaced by the 2008 version on Feb. 22, 2021. The 2025 test marks a return to the 2020 format, with procedural and content updates.

A key modification in the 2025 test is its administration protocol. Unlike the 2020 version, where officers asked all 20 questions regardless of outcome, the 2025 version allows officers to stop once the applicant answers 12 correctly (pass) or 9 incorrectly (fail). This change streamlines the interview process while maintaining the test’s rigor. The test remains oral, with no multiple-choice options.

Some applicants will not be subject to the new test until at least three months after the notice, as it applies only to applications filed on or after Oct. 20, 2025. USCIS has released updated study materials and encourages applicants to verify which version of the test applies based on their filing date.

In its announcement, USCIS described the 2025 Naturalization Civics Test as the first in a multi-step overhaul of American citizenship standards, signaling that additional updates may follow in the coming months.

At this time, no changes have been made to the English language components of the naturalization test, which include reading, writing, speaking, and comprehension.

On Aug. 19, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to provide guidance on how USCIS officers should exercise discretion when reviewing immigration benefit requests. Specifically, the guidance clarifies that USCIS officers will carefully consider an applicant’s entire immigration record and weigh both positive and negative factors before making a decision on whether to grant an immigration benefit. This update specifically emphasizes considerations related to any involvement in anti-American or terrorist organizations, past requests for parole, and antisemitic activity.

The updated policy also provides guidance on how USCIS officers should exercise discretion when adjudicating EB-5 investor petitions in cases involving threats to national interest, fraud, deceit, misrepresentation, and criminal misuse.

Key Highlights:

  • Negative Discretionary Factors: USCIS will assign “overwhelmingly” negative weight to any past conduct supporting terrorist organizations, promoting anti-American ideologies, and endorsing antisemitic terrorism or related ideologies.
  • Anti-American Activity: USCIS has expanded social media vetting to include reviews for anti-American activity. Any support, promotion, or endorsement of anti-American ideologies or organizations will be considered an overwhelmingly negative factor.
  • Association with Terrorist or Antisemitic Groups: Any involvement with or support for terrorist organizations, antisemitic terrorism, or related ideologies will have significant negative impact.
  • Past Parole History: USCIS will consider whether prior parole requests were made in good faith and in compliance with applicable laws and policies in effect at the time.  
  • EB-5 Investor Petitions: USCIS specifically noted that it will apply discretion in cases involving threats to national interest, fraud, deceit or misrepresentation, and criminal misuse. This will apply to both standalone and regional center investor petitions.

The new guidance is effective immediately and applies to all cases pending or filed on or after Aug. 19, 2025, and supersedes any related prior guidance.

For more detailed information, please refer to USCIS policy alert.

In response to a Freedom of Information Act request the American Immigrant Investor Alliance (AIIA) filed, USCIS released updated statistics on I-526 and I-526E petition receipts. This data provides insights into the demand for EB-5 visas across different targeted employment area (TEA) categories and countries of chargeability for visa backlog prediction purposes, covering the period between April 1, 2022 (the EB-5 Reform and Integrity Act of 2022 passage date), and Jan. 31, 2025.

According to the data, USCIS received a total of 9,878 I-526/I-526E petitions, categorized as follows:

  • Rural TEAs accounted for 44% of petitions, with China leading the category (2,684 petitions), followed by India (847 petitions) and the rest of the world (798 petitions).
  • High unemployment TEAs comprised 53% of petitions, with 2,380 from China, 883 from India, and 1,928 from other countries.
  • Infrastructure TEAs saw no petitions filed.
  • Other TEAs represented 4% of petitions, with 98 from China, 60 from India, and 200 from the rest of the world.

In total, China dominated the petition count with 5,162 petitions (52%), India followed with 1,790 petitions (18%), and the rest of the world accounted for 2,926 petitions (30%).

Continuing Demand for EB-5 Visas in Set-Aside Categories

The data released to AIIA continues to show strong demand in the set-aside categories. Between April 1, 2022, and Jan. 31, 2025:

  • A total of 5,191 investors filed petitions in the high unemployment area (HUA) set-aside category.
  • 4,329 investors filed petitions in the rural TEA category.

Predicting the length of a potential visa backlog in these categories is difficult, but some experts agree that each EB-5 investor has two dependents also immigrating to the United States who also get counted against the annual visa numbers available in the EB-5 categories. With only 1,000 HUA set-aside visas and 2,000 rural set-aside visas available annually, the program may face significant backlogs in these set-aside categories. However, the State Department has not yet instituted a cut-off date for visa availability in the set-aside categories, potentially because USCIS has approved an insufficient number of I-526 and I-526E petitions in each fiscal year to warrant a backlog. Unless and until USCIS speeds up the processing of I-526/I-526E Petitions associated with the set-aside categories, the State Department may not establish a cut-off date.

Shifting Trends and Country-Specific Dynamics

Country-specific demand trends remain consistent, with China, India, and Vietnam ranking as the top three countries for EB-5 petition filings. Due to country-specific visa allocation limits, investors from India and China face the longest wait times under the EB-5 program. In contrast, investors from other countries typically experience shorter wait times, which might make the program more attractive for applicants outside of mainland China and India. The newly released USCIS data underscores the continued high demand for EB-5 visas, particularly in set-aside categories, despite potential visa availability constraints. This demand, coupled with country-specific limits, continues to create challenges for investors from high-demand countries like China and India. For those considering an investment under the EB-5 program, understanding these dynamics is crucial for planning and managing expectations.