MEMORANDUM: Guidance for HR Teams on USCIS Benefit Pause & Travel Risks
December 2, 2025: USCIS issued a policy memorandum today placing an indefinite hold on certain immigration benefits and triggering new risks employers should act on immediately. The Department of Homeland Security Secretary also publicly signaled today (December 2) the possibility of a rapid expansion of a travel ban under INA § 212(f).
What the Government Announced
- USCIS has paused affirmative asylum adjudications: USCIS has halted decisions on most or all affirmative asylum applications (Form I‑589) while it implements new security vetting guidance.
- USCIS has paused most pending benefits for nationals of 19 countries. Impacted filings may include a wide range of petitions/applications, including green card and naturalization processes.
- USCIS will re-examine previously approved benefits, potentially even those with approved green cards: For nationals of these 19 countries, including possible requests for re-interviews.
| The 19 “high-risk” countries affected by this news are Afghanistan, Burma (Myanmar), Burundi, Chad, Cuba, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. |
DHS May Expand Travel Ban
While not part of the USCIS memo, the DHS Secretary also publicly recommended a broader 212(f) travel ban today, which can take effect with severely limited notice and may affect employees abroad, even those with valid visas or, potentially, green cards.
Manifest Insight:
Earlier this year, a Department of State cable issued by Secretary of State Marco Rubio (as reported by Reuters) confirmed that the Trump Administration officials were considering the inclusion of an additional 36 countries to add to the existing travel ban, although ultimately, they were not added.
While this has not been confirmed, it’s possible that the 36 additional countries previously identified as potential travel-ban additions could be reconsidered in connection with any updated travel ban.
Recommended Actions for HR & People Teams
1. Identify potentially affected employees
- Anyone with a pending I-589 affirmative asylum application – these would likely be employees/workers with EAD cards under the C(8) category.
- Employees from the 19 listed countries with any pending USCIS filing or a soon-to-be-expiring work authorization.
- Any foreign national employee from the 19 listed countries or with a pending asylum claim with an approved advanced parole document currently traveling internationally or planning to travel.
| Manifest Insight: In Manifest Law’s experience, many corporations only keep a list of foreign national employees who have been actively sponsored by the company for visas and work authorizations. This guidance is more likely to impact workers/employees who have sought their own personal applications to acquire work authorization (e.g. asylum, TPS, family-based sponsorships, marriage cases). Given the current environment focusing on compliance and enforcement, we advise that companies be proactive in reviewing their I-9 forms/E-Verify cases or internal databases to determine the full scale of their foreign national populace that can extend beyond company-sponsored employees.A list of potentially impacted employees should be sent to immigration counsel for review to advise clearly on possible next steps, if needed. |
2. Advise employees on urgent travel guidance
- Do not travel internationally if you are from any of the 19 countries or have a pending affirmative asylum claim. If already abroad, return to the U.S. as soon as possible.
- Even employees not from the 19 impacted countries should exercise caution with international travel. More countries may be added to the travel ban with little warning, and there is no official guidance released on what countries may be added next.
3. Prepare for work authorization and I-9 impacts
- Expect significant delays in benefit adjudications for employees from the 19 impacted countries.
- Pending EAD renewals (I-765) for these nationalities may stall. This, compounded with the removal of automatic extensions of work authorization based on the timely filing of renewal for certain EAD categories, can impact the ability to ensure continued lawful employment. HR teams should be reviewing business continuity risks.
- Review I-9, payroll, HRIS, and compliance processes to ensure reverification procedures are in place.
Manifest Law is here to support you as immigration policy rapidly evolves. For questions or a workforce risk assessment, contact business@manifestlaw.com.
