7 September 2025
On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) released a significant policy update that could affect thousands of foreign nationals applying for immigration benefits. Under this new guidance, USCIS officers may now consider whether an applicant has engaged in so-called “anti-American” activity when making discretionary decisions on cases.
This update highlights the need for individuals and employers to be more mindful of online presence, affiliations, and public conduct when pursuing U.S. immigration benefits.
What Is Considered “Anti-American” Activity?
USCIS has not issued a strict definition, but examples include:
- Social media posts promoting anti-American or antisemitic views.
- Affiliations with organizations that oppose the United States or have ties to terrorism.
- Any conduct that USCIS officers believe undermines U.S. values or national interests.
While not every case will be impacted, these factors may weigh heavily against applicants seeking discretionary approvals.
Which Immigration Applications Could Be Affected?
The policy applies to a broad range of discretionary immigration benefits, such as:
- Extensions or changes of status (e.g., H-1B extensions, H-4 status changes).
- Adjustment of Status (Form I-485).
- Employment Authorization (Form I-765).
- Advance Parole (Form I-131).
- Certain employment-based petitions, such as EB-2 NIW and EB-5 Investor petitions, especially when fraud, misrepresentation, or national security concerns are raised.
How USCIS Officers Will Review Cases
In making discretionary decisions, officers will now weigh:
- The applicant’s conduct and character.
- Family ties in the U.S.
- Immigration and criminal history.
- Humanitarian considerations.
This mirrors the trend of increased scrutiny in U.S. immigration adjudications, making it crucial for applicants to present themselves carefully and consistently.
Why This Matters for Applicants & Employers
For individuals:
- Social media posts or affiliations that may seem unrelated to immigration can now directly impact case outcomes.
- Past involvement with organizations may raise red flags.
- Proactive review and legal guidance are essential.
For employers:
- Companies hiring foreign nationals must ensure employees understand these risks.
- HR teams should educate staff about the importance of maintaining a professional online presence.
- Employers should partner with an experienced Immigration Attorney in New Jersey to anticipate and resolve potential concerns.
VKM Immigration Law’s Guidance
At VKM, we advise clients to:
✅ Audit your online presence before filing applications.
✅ Review affiliations with organizations both in the U.S. and abroad.
✅ Seek guidance from a Visa Attorney in USA if you have concerns about past activities.
This USCIS update does not impact every case — but for those applying for discretionary immigration benefits, it raises the stakes considerably.
Final Thoughts
Immigration law continues to evolve, and policy changes like this demonstrate how non-legal factors — such as social media or affiliations — can now influence outcomes.
Whether you are a professional, an employer, or an investor seeking immigration benefits, working with an experienced Immigration Attorney in New Jersey is the best way to minimize risks and ensure your case is presented in the strongest possible way.
👉 Contact VKM Law Group today to discuss your case and protect your immigration future.