On January 1, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a major policy memorandum expanding its hold and review policy on immigration benefits.
Under this policy, USCIS may pause final decisions on immigration benefit applications connected to 39 designated countries, including Nigeria.
The policy took effect immediately and applies across a wide range of immigration benefit types, affecting workers, families, founders, students, and employers.
This expansion is grounded in Executive Order 14161 and Presidential Proclamations 10949 and 10998, which focus on U.S. national security, public safety, and information-sharing standards.
What Is the USCIS Hold and Review Policy?
The USCIS hold and review policy allows immigration officers to temporarily suspend final adjudication of certain immigration benefit applications while additional screening and review are conducted.
The January 1, 2026 memorandum directs USCIS officers nationwide to take three key actions:
1. Place adjudicative holds on pending applications
USCIS must place an adjudicative hold on all pending immigration benefit applications filed by or on behalf of individuals connected to countries listed under Presidential Proclamation 10998 — regardless of when the individual entered the United States.
2. Review screening and vetting procedures
USCIS will conduct a comprehensive review of its screening, vetting, and adjudication processes for applications involving the listed countries.
3. Re-review certain previously approved benefits
Immigration benefits approved on or after January 20, 2021 may be re-reviewed if the beneficiary is connected to a listed country.
What Does an Adjudicative Hold Mean?
An adjudicative hold does not mean denial.
It means:
- USCIS may continue processing steps such as biometrics, background checks, RFEs, and interviews
- No final approval or denial will be issued while the hold remains in place
In short, cases can move forward but they stop short of a final decision until the hold is lifted.
Who Is Affected by the USCIS Hold? (Full Country List)
An individual may be affected if their country of citizenship, country of birth, or citizenship-by-investment appears on the list under Presidential Proclamation 10998.
Countries Covered by the Expanded USCIS Hold Policy
The 39 designated countries are:
Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, Congo-Brazzaville (Republic of the Congo), Côte d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Palestinian Authority, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Venezuela, Yemen, Zambia, Zimbabwe.
What Happens Next? USCIS Timeline and Review Process
USCIS has outlined the following next steps:
- Within 90 days of the memorandum (by April 1, 2026), USCIS will prioritise affected cases for:
- Review
- Interview
- Re-interview where required
- USCIS has explicitly acknowledged that this policy will lead to processing delays, stating that the measures are necessary for national security purposes.
- The adjudicative hold will remain in effect until formally lifted or modified by the USCIS Director through a future memorandum or attachment.
- Any request to lift a hold due to litigation or extraordinary circumstances must receive approval from the USCIS Director or Deputy Director.
At this time, there is no confirmed end date for the policy.
Exceptions to the USCIS Adjudicative Hold
The memorandum identifies limited exceptions, many of which require coordination with USCIS headquarters.
These include:
- Form I-90 – Application to Replace Permanent Resident Card
- Form N-565 – Application for Replacement Naturalization/Citizenship Document
- Form N-600 – Application for Certificate of Citizenship
(except for applicants from Yemen and Somalia) - Form I-765 filed under:
- (c)(8) initial asylum-based employment authorization
- Limited (c)(11) and (c)(14) categories tied to law enforcement assistance
- Form I-910 – Civil Surgeon designation (U.S. citizen physicians only)
- Benefit requests related to:
- Major international sporting events (e.g. Olympics, World Cup)
- Law-enforcement-prioritised cases at ICE’s request
- Terminated or discontinued programs
- Automatic termination decisions for ancillary benefits following adjustment to permanent residence or naturalization
All exemption requests must be coordinated through the USCIS Office of Policy and Strategy, which tracks and authorises any lifted holds.
National Interest Exception: What Applicants Should Know
The policy provides a narrow national interest exception for benefit requests where an individual’s entry or continued presence would serve a U.S. national interest.
Examples cited include:
- Scientists or medical researchers working on critical public health initiatives
- Engineers with specialised skills needed for major infrastructure projects
- Individuals with unique expertise supporting U.S. national security or economic interests
However, USCIS makes clear that:
- National interest determinations are case-by-case
- No category of applicants is automatically eligible
- Approval requires headquarters-level authorisation
- There is no formal application process
- Approval is not guaranteed, even where national interest factors exist
What Should Applicants Expect Now?
Applicants connected to the affected countries should plan for:
- Extended processing timelines
- Delays in:
- Work authorization
- Travel parole
- Status changes or extensions
- Increased likelihood of:
- Requests for Evidence (RFEs)
- Interviews or re-interviews
- No clear timeline for when adjudicative holds will be lifted
In conclusion, the expanded USCIS hold and review policy represents a structural change in how immigration applications are adjudicated, not a temporary slowdown and not a blanket ban.
For applicants connected to affected countries, including Nigeria, the policy introduces:
-
Longer processing timelines
-
Increased scrutiny before final decisions
-
Greater uncertainty around adjudication timelines
Understanding how the USCIS adjudicative hold works, which applications it affects, and what exceptions exist is essential for anyone navigating the U.S. immigration system during this period.
As immigration policies continue to evolve, staying informed and prepared is critical.
Note:
This is for informational purposes only and does not constitute legal advice. If you are a client with a pending case, please contact your case officer/attorney for specific guidance.