USCIS Expands Discretionary Factors in Benefit Requests

On August 19, 2025 U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance that clarifies how officers evaluate discretionary factors when adjudicating certain immigration benefit requests. This  includes applications for changes of status, reinstatement, and employment authorization.

What are the key updates?

Anti-Americanism as a Negative Factor:
USCIS now explicitly considers whether an applicant has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group, including those who support or promote anti-American ideologies… or antisemitic ideologies.” Officers will treat these as overwhelmingly negative in any discretionary determination.

Expanded Social Media Screening:
More immigration benefit applications are now subject to social media vetting. USCIS officers will review posts and online activity for evidence of anti-American or antisemitic views.

Continued Emphasis on Compliance with Immigration Law:
Officers will review whether prior applications for admission, parole, or other benefits were filed in accordance with laws, regulations, and policies in effect at the time. Past compliance is an important positive factor.

How does this affect F-1 and J-1 international students?

For students, applications such as Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) will be reviewed holistically. Officers will weigh both your compliance with immigration requirements and any ideological concerns identified in your record. While discretionary decisions will continue to be made on a case-by-case basis, the key takeaway is that legal compliance and online activity both matter more than ever. By maintaining your immigration status and being mindful of your digital footprint, you can strengthen your position in any future immigration request.

As of the publication of this post, USCIS has not made any announcements on how they plan to implement social media vetting for these applications. We will notify students of any further announcements.

Need Help?

If you are concerned about this policy affecting you, we encourage you to seek legal help.