USCIS Updates Policy Manual on Discretionary Decisions

Key Point

• USCIS has revised its Policy Manual to reflect a presidential proclamation restricting entry from certain countries

USCIS Policy Manual 

On November 27, 2025, USCIS issued Policy Alert PA‑2025‑26, updating the USCIS Policy Manual to reflect Presidential Proclamation 10949 and its impact on discretionary adjudications.

What Changed 

• Presidential Proclamation 10949 (June 4, 2025): Suspends or limits entry for nationals of 19 countries. 
• Affected Countries: Afghanistan, Burma, Burundi, Chad, the Republic of the Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela and Yemen (90 FR 24497). 
• Exceptions: Lawful permanent residents and certain immigrant/nonimmigrant visa categories are not subject to these restrictions. 
• Discretionary Adjudications: USCIS will now treat country‑specific factors identified in PP 10949 as significant negative factors when deciding discretionary benefit requests (e.g., adjustment of status, extensions of stay, changes of status).

Policy Manual Revisions 

The alert revises multiple volumes of the Policy Manual: 

• Volume 1 (Discretionary Analysis): Updated applicability table and discretionary factor guidance. 
• Volume 7 (Adjustment of Status): Revised guidance on favorable exercise of discretion. 
• Volume 9 (Waivers): Expanded discretionary factor discussion. 
• Volume 10 (Employment Authorization): Added new discretionary guidance. 

The guidance applies to all discretionary benefit requests pending or filed on or after November 27, 2025, and supersedes prior related guidance.

Why It Matters 

USCIS emphasized that insufficient vetting and screening information from PP 10949 countries limits its ability to assess risks. As a result, these factors will weigh heavily against applicants in discretionary decisions. 

Related USCIS Guidance 

This Policy Alert complements USCIS Policy Memorandum PM‑602‑0192 (Dec. 2, 2025), which separately directed adjudicative holds and re‑reviews of asylum and benefit applications for nationals of the same countries.

For background on the proclamation itself and the full list of affected countries, see Envoy Global’s news alert: Executive Order Restricting the Entry of Certain Foreign Nationals into the U.S.

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