USCIS Policy Change Impacting Work Authorization: Advisory for Employers and Human Resources
Client Alert
On December 2, 2025, USCIS issued Policy Memorandum PM-602-0192 ordering an immediate pause on processing immigration benefits for individuals whose country of birth or citizenship is one of 19 designated “high-risk” countries. USCIS also mandated a re-review of many previously approved immigration benefits for individuals from these countries who entered the U.S. on or after January 20, 2021.
This memo has direct consequences for employment authorization, reverification, and overall workforce stability.
Who Is Affected?
1. Employees born in or citizens of the following countries may face delays or disruptions in work authorization:
Afghanistan, Burkina Faso, Burundi, Chad, Cuba, Democratic Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen.
2. Any employee who entered the United States after January 20, 2021 and received work authorization or a green card through the asylum process.
Key Impacts on Employers
1. Delays or Loss of Work Authorization
Employees from affected countries may not be able to renew their Employment Authorization Documents (EADs).
Because USCIS previously reduced automatic extension policies, some employees may lose work authorization immediately upon expiration.
2. Re-Review of Previously Approved Status
Even employees with asylum, permanent residency (green cards), TPS, pending adjustment, or long-standing EADs, and who entered the United States after January 20, 2021 may undergo mandatory re-screening.
USCIS may:
- Request new interviews
- Re-open previously approved cases
- Suspend or revoke status if security concerns are identified
This may occur without advance notice.
3. Mandatory I-9 Compliance
Employers must continue to ensure that every employee maintains valid work authorization.
Failure to re-verify documents or employing an unauthorized worker may result in:
- Civil fines
- Criminal penalties for repeat violations
- Debarment from federal contracts
- Increased audit exposure during this heightened enforcement period
Recommended HR Actions
- Review Your Workforce: Identify employees who may be affected based on nationality or birth country. Confirm work authorization expiration dates and update internal tracking systems.
- Communicate Early: Inform affected employees about the USCIS freeze and encourage them to consult immigration counsel. Advise employees not to travel internationally without legal guidance.
- Strengthen I-9 Procedures: Ensure reverification systems are updated and reminders are in place. Document all good-faith compliance efforts in case of an audit.
- Prepare Operational Contingency Plans: Since employees may lose authorization unexpectedly, prepare plans to prevent business disruption, including coverage for key roles.
If you have any questions about how this USCIS policy change may impact your workforce or compliance obligations, please contact BMD Immigration Attorney and Member Rob Ratliff at raratliff@bmdllc.com.