USCIS Holds, Discretion, and the Power of a Strong National-Interest Record

USCIS adjudicative holds are increasing — but they are not absolute, and strong national-interest cases can still move forward.

Over the past several weeks, I’ve seen a noticeable rise in NIW and I-140 cases placed on adjudicative hold, including cases involving individuals already living and working in the United States in lawful status.

That has understandably caused concern. Here is the key point many people are missing:

• These policy memoranda do not operate as blanket denials. They create a discretionary framework, and discretion still matters.
• In practice, USCIS appears to be moving beyond a purely statutory checklist and focusing more heavily on who the applicant is, what they contribute, and why the United States benefits from adjudicating the case now.

The question USCIS is increasingly asking is no longer just: “Is this person eligible?” It is: “Why should this case move forward despite heightened scrutiny?”

This is where national interest becomes decisive.

The policy itself expressly allows case-by-case exceptions where adjudication advances national interest or national importance objectives. That means applicants working in healthcare, research, infrastructure, public safety, critical industries, or other public-facing roles are not automatically stalled, but only if the record clearly supports it.

Right now, bare-bones filings are risky.

What I am doing differently is front-loading the discretionary analysis, including:

• lawful immigration history
• credibility and good moral character
• long-term U.S. ties
• community or public-benefit work
• concrete national-interest value

The takeaway is simple: A hold does not mean a dead case — but strategy and record development matter more than ever.