Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

USCIS Policy Updates: Implications for Business Immigration

Client Alert
August 20, 2025

Summary of Recent USCIS Policy Memos

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.
  3. August 19 Policy: Considering Anti-Americanism in Benefit Requests
    USCIS now treats "anti-Americanism" as a basis for terminating or denying discretionary relief, such as employment-based visas. This sweepingly broad category defines the term as endorsing terrorist organizations, anti-American ideologies, or antisemitic terrorism. Defining “anti-Americanism” is obviously subject to the definitions of the ruling party at the time of the determination. This new policy consideration includes past compliance with immigration laws and expands social media vetting to screen for such activity. This policy is also effective immediately, applying to pending and future requests and renewal applications for those already in the U.S.

DHS References to Social Media Vetting: DHS and USCIS have integrated social media screening into immigration processes, requiring applicants to disclose handles on forms for review. Policies since April 2025 screen for antisemitism and anti-Americanism, potentially denying benefits or initiating revocations based on posts endorsing harmful ideologies. This extends to all benefit requests, including H-1B extensions and adjustments. Social media now screened for antisemitism/anti-American content.  Even  old conduct from years ago may now become relevant.

These policies signal a shift toward rigorous, ongoing scrutiny, where post-grant conduct could trigger reviews during renewals or extensions.

Key Risks and Best Practices for Employers

Risks for Current Workers:

  • USCIS may apply enhanced standards to H-1B amendments/extensions, green card renewals, or conditional LPR removals. Social media posts could flag "anti-American" issues, leading to denials or revocations.
  • Potential Outcomes: Notices to revoke status if fraud/security risks emerge, risking deportation.

Considerations for Future/New Workers:

  • Expect mandatory interviews for fraud/national security red flags in new visa applications. Anti-Americanism via social media could deny entry or visas.
  • Delays/Risks: Longer processing; denials for unverified identities or terrorism ties.

Action Steps and Best Practices:

  • Train HR on policies; audit worker files for risks (e.g., GMC issues like DUIs) before filings.
  • Monitor employees' online activity; advise against controversial posts and counsel on social media dos/don'ts.
  • Screen candidates' social media pre-hire; ensure compliance with U.S. values in applications.
  • Consult immigration counsel for filings and be proactive. Vetting can prevent issues. Stay updated: Policies apply retroactively to pending cases.

For guidance on how these updates may impact your business or immigration status, please contact BMD Member Robert Ratliff at raratliff@bmdllc.com. With over 25 years of trial experience in criminal defense and immigration law, Robert’s unique insights as a former Immigration Judge allow him to offer strategic guidance for clients facing complex immigration challenges.

ImmigrationImmigration Law
Client Alert

Florida's Recent Ruling on Arbitration Clauses

March 15, 2024Florida’s recent ruling on arbitration clauses provides a crucial distinction in determining whether such clauses are void as against public policy and providers may have the opportunity to include arbitration clauses in their patient consent forms. On March 6, 2024, Florida’s Fourth District Court of Appeals reversed and remanded Florida’s Fifteenth Circuit Court ruling of Piero Palacios v. Sharnice Lawson. The Court of Appeals ruled that the parties’ arbitration agreement did not contradict the Legislature’s intent of Florida’s Medical Malpractice Act (the “MMA”), but rather reflects the parties’ choice to arbitrate claims entirely outside of the MMA’s framework. Therefore, the Court found that the agreement was not void as against public policy.Client Alert

Corporate Transparency Act Update 3/14/24

March 14, 2024On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.Client Alert

The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

February 27, 2024In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).Client Alert

Another Transparency Obligation: The FinCEN Beneficial Ownership Information Reporting Requirements

February 26, 2024Many physician practices and healthcare businesses are facing a new set of federal transparency requirements that require action now. The U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) Beneficial Ownership Information Reporting Requirements (the “Rule”), which was promulgated pursuant to the 2021 bipartisan Corporate Transparency Act, is intended to help curb illegal finance and other impermissible activity in the United States.Client Alert

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

February 19, 2024On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.
Older posts
Newer posts