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
Multimedia, Client Alert

Pregnant Employee Protections - New Requirements for Employers

April 11, 2023New protections are coming to the workplace for pregnant employees in 2023! In the most sweeping changes since the Pregnancy Discrimination Act of 1978, two new federal laws were recently passed: (1) the PUMP for Nursing Mothers Act (otherwise known as the Pump Act), and (2) the Pregnant Workers Fairness Act. The requirements of these statutes will require employers with more than 15 employees to implement new policies for their handbooks.Client Alert

Five Common Pitfalls for Employers to Watch Out for Under the Fair Labor Standards Act

March 29, 2023The Fair Labor Standards Act (FLSA) sets forth requirements for employers including, but not limited to, minimum wage, overtime pay, and recordkeeping for covered employees. These requirements are not as simple as they may appear on their face, which leads many employers to fall into compliance issues that they did not realize even existed.Client Alert

The NLRB Limits the Reach of Confidentiality and Non-Disparagement Provisions in Severance Agreements Overruling Trump-Era Policies

March 14, 2023Employers should exercise caution and closely examine the content of severance agreements to ensure compliance with a recent National Labor Relations Board (“NLRB”) decision.  On February 21, 2023, the NLRB restricted the breadth of permissible language of confidentiality and non-disparagement clauses when it issued its decision in McLaren Macomb and overruled its Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology.Client Alert

Ohio Medical Board Releases New Telehealth Rules

February 23, 2023On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.Client Alert

The End of the Public Health Emergency is (Finally) Here

February 23, 2023The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.
Older posts
Newer posts