USCIS Policy Update: “Anti-American” Activity Now a Factor in Immigration Benefit Requests

On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced new guidance in the USCIS Policy Manual that affects how officers evaluate certain immigration benefit requests requiring discretion.

Key points of the update include:

✅ “Anti-American” Activity Considered: Any evidence of “anti-American” activity will be treated as a strongly negative factor in discretionary decisions. This includes past support for “anti-American” ideologies or organizations.

✅ Expanded Vetting and Social Media Monitoring: USCIS has expanded the types of benefit requests that undergo social media vetting. Reviews will now include monitoring for signs of “anti-American” activity.

✅ Antisemitic Activity Addressed: Involvement in antisemitic terrorism or support for antisemitic ideologies will also weigh heavily against applicants.

✅ Discretionary Review: Officers will evaluate whether applications comply with immigration laws and will consider issues such as fraud, misrepresentation, or criminal misuse when adjudicating petitions, including EB-5 investor applications.

This policy is effective immediately and applies to all pending and newly filed requests as of the release date.

USCIS emphasized that immigration benefits are a privilege, not a right, and reiterated its commitment to strict screening, including the use of social media monitoring, as part of its national security measures.

What Applicants Should Keep in Mind

• Be mindful of social media activity: Posts, shares, and even old content may be reviewed by USCIS. Avoid posting or engaging with content that could be interpreted as hostile toward the United States or supportive of extremist views.

 

• Stay compliant with immigration laws: Always provide truthful and accurate information on applications. Misrepresentation can negatively affect discretionary decisions.

 

• Understand discretionary factors: Officers may weigh personal conduct, past applications, and associations when making determinations.

 

• Seek reliable guidance: Immigration law is complex. If you are unsure how this update might affect you, consult with a qualified immigration attorney.

​If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].