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      On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0194,1 directing USCIS personnel to place an adjudicative hold on all pending immigration benefit requests and implement enhanced re-review procedures of approved applications filed by or for foreign nationals on or after January 20, 2021, from countries listed in Presidential Proclamation (PP) 10998, as well as individuals presenting Palestinian Authority-issued or -endorsed travel documents.2

      This policy memo outlines and expands immigration enforcement and effectively bans applicants  from the thirty-nine countries identified as high-risk due to visa overstays, inadequate screening, vetting, and information sharing practices.

      WHY THIS MATTERS

      This development has significant implications for global mobility programs and sponsored employees from the affected countries. Employers sponsoring foreign nationals for U.S. immigration benefits, including employment-based petitions, should anticipate longer processing times, increased requests for evidence (RFEs), and notices of intent to deny (NOIDs). Sponsored employees may experience uncertainty regarding the timing and outcome of their immigration benefit requests, as the adjudicative hold permits processing up to—but not including a final decision. This adjudicative hold also applies to individuals born in the listed countries, not only current nationals, increasing administrative and compliance complexity for organizations managing U.S. assignments. Discretionary adjudication policies may continue to impact applicants from these countries even after the hold is lifted.

      Background

      Previously, USCIS imposed adjudicative holds and re-review procedures for benefit applications involving nationals of countries listed in PP 10949, following Executive Order (EO) 141613 (January 20, 2025) aimed at protecting U.S. national security and public safety.

      The new memorandum expands the list of affected countries and clarifies procedural requirements, including exceptions and discretionary review practices, in response to continuing concerns over inadequate screening, vetting, and information-sharing by these jurisdictions.

      List of Countries Impacted (as of January 1, 2026)

      Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Myanmar (Burma), Burundi, Chad, the Republic of Congo, Côte d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.

      Additionally, foreign nationals intending to travel to the U.S. using travel documents issued or endorsed by the Palestinian Authority are also subject to the travel ban, along with all related USCIS policies.

      Note: This list is based on PP 10998 as of January 1, 2026, and is subject to change.

      Key Highlights

      • Scope of Hold and Re-Review: All pending applications and petitions filed by and on behalf of foreign nationals from the affected countries are subject to hold. Whereas any immigration benefit request approved dating back to January 20, 2021, is now subject to re-review, leading to potential interviews or re-interviews, with possible revocation of approvals.
      • Affected Population: Applies to individuals who are born and/or hold citizenship in one of the countries listed. This includes individuals presenting Palestinian Authority-issued or -endorsed travel documents.
      • Employment-Based Petitions Included: Explicitly extends hold policy to Form I-129 (nonimmigrant visa petition), Form I-140 (immigrant visa petition), and other employment-based filings.
      • Processing During Hold: Cases may proceed up to final adjudication, allowing for RFEs and NOIDs, but no final decision issued while this policy remains effect.
      • Exceptions: Exemptions include Form I-90 (Green Card replacement), certain athletic and national interest cases, and other narrow circumstances enumerated in the memorandum.

      KPMG LAW LLP INSIGHTS

      The expanded hold and re-review policy increases scrutiny and security-related vetting for foreign nationals from all listed countries, resulting in significant delays in processing and uncertainty in adjudication for affected immigration benefit applications. The broadened scope, which encompasses all individuals born in those countries as well as current nationals, means organizations must carefully assess the eligibility and risk profile of assignees and applicants. The inclusion of employment-based petitions underscores the need for employers to prepare for possible disruptions in talent mobility and project timelines.

      In the light of upcoming changes, organizations may consider the following:

      • Review the nationalities and countries of birth of current and prospective mobile employees to identify those potentially affected.
      • Communicate proactively with employees subject to the hold and advise on expected delays and increased scrutiny.
      • Prepare additional supporting documentation for discretionary determinations and RFEs and monitor developments in relevant litigation.
      • Consider alternative strategies for urgent cases and consult with immigration counsel regarding exception requests and evolving interpretation of the memorandum.

      What’s next?

      USCIS will issue detailed operational guidance within ninety days, prioritizing cases for review and interview. The adjudicative hold remains in effect until lifted or modified by USCIS. Exception and exemption policies may be clarified in subsequent guidance. The outcome of ongoing litigation may affect future implementation and scope.

      If assignees and/or their programme managers have any questions or concerns about the scope of the update, its application and potential impacts, and appropriate next steps, they should consult with their qualified immigration advisers or with a member of the immigration team at KPMG Law LLP in Canada (see the Contacts section).

      FOOTNOTES

      1  U.S. Citizenship and Immigration Services, “Policy Memorandum-PM-602-0194,” published on January 1, 2026.

      2  Travel.State.Gov, “Presidential Proclamation 10998,” published on December 23, 2025.

      3  Federal Register, “Executive Order 14161,” published on January 20, 2025.

      Contacts

      Chelsea Hseih
      Chelsea Hsieh

      Partner, US Immigration, KPMG Law LLP

      KPMG in Canada

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      * Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

      The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

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