Policy & Processing Updates
Understand how recent USCIS processing policies may affect EB-1A and EB-2 NIW timelines.
USCIS has issued updated internal guidance that may impact how certain immigration benefit requests are processed, including employment-based petitions like Form I-140 (EB-1A and EB-2 NIW). In some cases, USCIS may continue processing a filing but pause issuing a final decision while additional screening and review takes place.
What this means for applicants
Your petition can still be processed, reviewed, or receive a request for evidence
A final decision (approval or denial) may be delayed for certain individuals under current USCIS policy
Eligibility requirements for EB-1A and EB-2 NIW have not changed, but processing timelines may vary depending on individual circumstances
Check your eligibility outlook
Take our AI-powered diagnostic to understand how these changes may affect your application.
Read the official policy memo
View the full USCIS policy guidance document on pending applications and additional requirements.
Visit USCISNote: This page provides general information based on publicly available USCIS policy guidance and does not constitute legal advice.
What changed in USCIS processing
USCIS has expanded its internal adjudication procedures for certain applicants. These procedures are intended to increase security screening and identity verification in specific cases, and may affect processing timelines.
Some pending benefit requests may be placed on an adjudicative hold
USCIS may continue to process a case, but pause issuing a final decision (approval or denial) until additional review is completed.
Certain previously approved cases may be reviewed again
USCIS may conduct an additional re-review of some benefit approvals issued on or after January 20, 2021, depending on USCIS policy criteria.
Security and identity screening may be more intensive in certain cases
USCIS officers are instructed to prioritize national security and public safety considerations, including identity verification and background screening.
What is an 'adjudicative hold'?
An adjudicative hold means USCIS may continue processing a case (including reviewing evidence and issuing requests for additional information), but delay issuing a final outcome until further screening and review steps are completed.
Important
This policy does not change the legal requirements for EB-1A or EB-2 NIW. However, it may affect how and when USCIS issues decisions for certain individuals.
Who may be affected
This USCIS processing policy may apply to certain individuals based on country of birth, country of citizenship, or (in limited cases) the type of travel document used. If you are impacted, your case may require additional review steps, and timelines may be less predictable even when your petition is strong.
You may be affected if USCIS considers you covered under current policy criteria, including:
You were born in a country included in current travel-related restrictions referenced by USCIS policy
You are a citizen of a country included in current travel-related restrictions referenced by USCIS policy
In limited cases, you may be traveling on a document type treated as covered under this policy
Being affected does not mean you are ineligible.
This policy primarily impacts processing and adjudication timelines, not the legal requirements for EB-1A or EB-2 NIW.
Why Exelita does not publish a country list: The list of covered countries and document types can change based on government policy updates. To avoid outdated information, Exelita provides personalized processing guidance inside our Eligibility Diagnostic.
Check your eligibility and processing outlook
Use Exelita's Eligibility Diagnostic to receive:
Your EB-1A / EB-2 NIW eligibility outlook
A personalized processing outlook based on the information you share
Takes 3–5 minutes. No legal advice, just clear guidance.
What an "adjudicative hold" means in practice
USCIS states that this policy is intended to prioritize national security, public safety, screening, and identity verification for certain cases.
USCIS may continue working on certain benefit requests while temporarily pausing the final decision. This is known as an adjudicative hold.
An adjudicative hold means USCIS may continue to process your case through standard steps, but may delay issuing a final outcome until further review is completed.
What USCIS can still do
Review the petition and supporting evidence
Conduct additional screening and background checks
Issue a Request for Evidence (RFE) or other notice
Schedule an interview or request additional documentation
What USCIS may pause
Issuing a final decision (approval or denial)
Final completion of adjudication until further review is concluded
A hold does not mean your case has been denied.
It does not necessarily reflect the strength of your petition. It typically indicates that USCIS has applied additional review procedures before issuing a final outcome.
Frequently Asked Questions
How this affects EB-1A and EB-2 NIW cases
If you are pursuing EB-1A or EB-2 NIW, it's important to separate two things: whether you qualify under the law, and how USCIS processes your case. This policy does not change the legal standards, but it may change the timeline and processing experience.
What Stays the Same
The Law
The legal eligibility requirements for EB-1A and EB-2 NIW
The evidence-based nature of the petition
The need for strong documentation and credible supporting materials
USCIS's authority to request additional information when needed
What May Change
The Process
Final decisions may be delayed due to an adjudicative hold
Cases may receive additional screening and identity verification
Interviews may be required in situations that are otherwise uncommon
USCIS may conduct re-review of certain approvals issued on or after Jan 20, 2021
Processing timelines may become less predictable
What this means for applicants using Exelita
If you are impacted by this policy, you may still be eligible and can still file a strong petition. However, you should plan for additional review steps. Exelita's goal is to help you stay organized and prepared across both eligibility and processing expectations.
What USCIS is prioritizing in additional review
USCIS states that this policy is designed to increase screening and vetting. When additional review is required, USCIS may apply enhanced checks focused on national security, public safety, and identity verification.
Security and screening indicators
Checks for records or indicators connected to national security screening systems that may require resolution.
National security-related inadmissibility
Review of concerns connected to prohibited activities or associations referenced in immigration law.
Criminal or public safety concerns
Review of information suggesting prior involvement in criminal activity or conduct presenting a public safety concern.
Identity verification
Verification of identity through reliable documentation, specifically addressing potential inconsistencies in civil records.
Why identity documentation can become a bigger factor
USCIS notes that for certain countries, civil documentation systems may present challenges such as limited birth registration or inconsistent records. For this reason, passports and civil documents may be reviewed more carefully.
What applicants can do (Practical Preparation)
Consistent identity information across all filings
Clear, legible civil documents and certified translations
A well-organized evidence package with traceable sources
A petition record that is coherent and easy to verify
Exelita helps structure your petition materials clearly so that your case is easier to review and validate.
Exceptions to the hold (and what they do and do not mean)
USCIS lists limited exceptions where a benefit request may move forward to final adjudication even when the broader policy applies. These exceptions are narrow and generally applied on a case-by-case basis.
Important: An exception is not the same as eligibility.
EB-1A and EB-2 NIW are immigration categories (legal eligibility standards).
The policy exceptions are internal processing carve-outs (operational decisions).
That means a person can be eligible for EB-1A or NIW and still experience delays due to the hold.
One key exception people often misunderstand: "U.S. national interest"
USCIS lists an exception for benefit requests serving a U.S. national interest. This sounds broad, but it's not automatic.
Critical Nuance:
This is a case-by-case determination requiring headquarters approval. It may apply to scientists working in public health, engineers involved in critical infrastructure, or experts contributing to national security priorities.
Simply qualifying for NIW (National Interest Waiver) as an immigration category does not automatically mean your case qualifies for this processing exception.
Common Misconceptions vs. Reality
"NIW automatically bypasses processing delays."
NIW is an eligibility category; processing holds may still apply.
"If I'm eligible, USCIS must decide quickly."
USCIS may pause final adjudication during additional review.
"Exception means guaranteed approval."
Exceptions are discretionary and case-by-case.
What this means for Exelita users
You can still prepare a strong petition, but should plan for possible additional review steps. In some cases, clearly documenting time-sensitive U.S. impact may help (where applicable).
Re-review of certain approved cases
In addition to placing some pending cases on hold, USCIS has directed a re-review of certain approved benefit requests. This means an approval issued in the past may be reviewed again as part of expanded screening.
"USCIS directs personnel to conduct a comprehensive re-review of approved benefit requests implicated in [the relevant proclamation] that were approved on or after January 20, 2021."
Am I affected?
Was your request approved on or after Jan 20, 2021?
AND
Is the case covered under current policy criteria?
USCIS may apply additional screening or vetting procedures
What a re-review entails
- •Re-examine prior approvals using updated screening procedures.
- •Review identity documentation and background screening more closely.
- •Determine if additional follow-up is needed.
A prior approval is still an approval
A re-review does not automatically mean your status is at risk or that an error was found. It is part of national security and identity verification priorities.
What to do
- Keep copies of approval notices
- Maintain consistent identity documentation
- Respond to notices promptly
Common questions
What Exelita is doing differently
USCIS processing policies can change how cases move through review. Exelita is designed to help you stay prepared, organized, and informed so you can navigate the process with clarity.
Clear eligibility guidance
Exelita helps you evaluate your EB-1A or EB-2 NIW pathway by focusing on the requirements and evidence that matter.
Processing outlook
When you run Exelita's Eligibility Diagnostic, we provide both an eligibility outlook and a processing outlook based on your profile. This helps you set realistic expectations.
Review-ready preparation
Exelita helps you organize achievements and evidence into a structured, credible petition record that is easier to review and validate.
For users who may be affected by additional review:
Exelita encourages an additional preparation layer focused on time-sensitive U.S. impact to support clearer case narratives:
- Why your work matters now.
- Who in the U.S. depends on your work.
- What happens if the work is delayed.
What this means for you
- Understand your likely pathway before investing heavily.
- Build a clearer evidence record.
- Reduce uncertainty by aligning preparation with current realities.
- Move forward with documentation readiness.
Important: Exelita provides structured guidance and preparation tools. It does not provide legal advice and is not a substitute for an immigration attorney.
Your next step
If you're pursuing EB-1A or EB-2 NIW, the best first step is clarity. Exelita's Eligibility Diagnostic helps you understand both your immigration pathway and what to expect in processing.
- A personalized EB-1A / EB-2 NIW eligibility outlook
- A processing outlook based on the information you share
- A clearer view of what to prepare next, including evidence and narrative readiness
Takes 3–5 minutes. Clear guidance based on your profile.
Exelita helps you prepare and organize your case. It does not provide legal advice.