For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here.

• USCIS Expands Law Enforcement Powers
• USCIS Expands Discretion in Naturalization Cases
• DOS Implements Stricter Rules for Immigrant Visa Interview Locations
• OFLC Moves Archived FAQ Database
• DOS Requires Business Visa Inquiries Through Navigator
• DOJ Broadens Criteria for Temporary Immigration Judges

USCIS Expands Law Enforcement Powers

Effective September 4, 2025, USCIS will begin deploying newly designated 1811 special agents with full law enforcement authorities, making arrests, carrying firearms, executing warrants, and prosecuting immigration violations. This rule, issued under DHS delegation, significantly broadens USCIS’s mandate beyond adjudications to include investigations and expedited removals. Instead of referring suspected fraud or compliance issues to ICE, USCIS will now be able to manage investigations from start to finish, increasing its capacity to pursue immigration-related crimes tied to benefit applications.

Impact: This marks a historic shift in USCIS’s posture from a benefits-focused agency to one with direct enforcement powers. In-house mobility and immigration teams should expect closer scrutiny of petitions, more site visits, and a stronger focus on fraud detection. Robust compliance practices, careful documentation, and proactive internal audits will be essential to reducing risk in this new enforcement-driven environment.

USCIS Expands Discretion in Naturalization Cases

On August 15, 2025, USCIS issued a new policy memorandum significantly broadening adjudicators’ discretion to deny naturalization applications based on Good Moral Character (GMC). Officers may now go beyond statutory bars (such as criminal convictions or fraud) and deny applications based on a “holistic” review of conduct, including behavior that is entirely lawful.

Key Changes:

• Discretion Beyond Statutory Bars: Officers can deny naturalization even when no statutory bar exists.
• Subjective Standards: Applicants are measured against “average behavior of citizens” in their local jurisdiction, introducing wide variability.
• Positive Attributes Required: Applicants must affirmatively demonstrate positive qualities (e.g., community service, tax compliance), not just the absence of misconduct.

Broader Scope: Lawful conduct, such as unemployment, reliance on public assistance, or limited community involvement, may now weigh against GMC.

Impact: This policy makes naturalization more subjective, burdensome, and uncertain. Employers should anticipate increased denials, longer processing times, and potential retention challenges for employees seeking citizenship. Mobility teams should encourage early legal guidance, help employees document positive contributions, and prepare for possible appeals.

DOS Implements Stricter Rules for Immigrant Visa Interview Locations

Effective November 1, 2025, the Department of State will require immigrant visa applicants to complete interviews in the consular district corresponding to their place of residence, or, if requested, in their country of nationality. The National Visa Center will schedule appointments accordingly, and this requirement applies to all applicants, including Diversity Visa 2026 candidates. Limited exceptions will apply, but applicants living in countries where visa services are suspended or paused will need to process at designated immigrant visa posts, unless they hold nationality in another country with active operations.

Impact: This change reduces flexibility in consular processing and may lead to longer wait times or more complex logistics for applicants. In-house mobility and immigration teams should anticipate scheduling constraints, prepare employees for stricter consular assignments, and build in additional lead time for workforce planning.

OFLC Moves Archived FAQ Database

Effective August 30, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) has archived its searchable FAQ database and relocated it to a new site hosted outside of DOL. While the archive remains functional, it will no longer be updated and should only be used for historical reference. Stakeholders are advised to update bookmarks and links to ensure continued access.

Impact: Teams should rely on official OFLC updates for current guidance and use the archived database solely for historical context.

DOS Requires Business Visa Inquiries Through Navigator

The Department of State has announced that all business visa inquiries must now be submitted via the Visa Navigator platform rather than by email. The Navigator, accessible on U.S. embassy and consulate websites, guides users through a series of prompts but does not serve as an application or guarantee of benefits. For example, the Visa Navigator for the U.S. Embassy and Consulate General in the Netherlands is here. Applicants may still be asked to provide additional information or documents before a request is addressed.

Impact: Mobility teams should adjust processes to route all business visa inquiries through the Navigator and update internal guidance to avoid delays.

DOJ Broadens Criteria for Temporary Immigration Judges

The Department of Justice has amended its regulations to expand who may serve as Temporary Immigration Judges (TIJs). Previously limited to current DOJ employees with a set level of immigration law experience, the revised rule now allows the Director, with Attorney General approval, to designate any qualified attorney to serve as a TIJ for renewable six-month terms. DOJ emphasized that immigration law experience is not always predictive of success, and highly credentialed attorneys from other federal agencies or complex litigation backgrounds may now be eligible. Selection will continue to prioritize education, employment history, judicial or quasi-judicial service, and litigation experience.

Impact: This expansion may help alleviate immigration court backlogs by enlarging the pool of available judges, though it could also introduce greater variability in immigration decision-making. Employers and mobility teams should be prepared for potential shifts in adjudication timelines and case outcomes.