USCIS issued a directive on January 1, 2026 ordering officers to “hold and review” all pending benefit applications and to re-evaluate previously approved cases for nationals from 39 designated high-risk countries, reshaping what happens after an I-797 Approval Notice arrives.
A USCIS spokesperson defended the move on January 2, 2026, saying:
“USCIS remains dedicated to ensuring aliens from high-risk countries of concern who have entered the United States do not pose risks to national security or public safety. To faithfully uphold United States immigration law, the flow of aliens from countries with high overstay rates, significant fraud, or both must stop.”
Applicants and employers now face a system in which an approval notice can trigger new scrutiny instead of closing a case, particularly for people tied to the countries covered by the review order.
The policy memo and scope
The shift centers on a January 1, 2026, USCIS Policy Memorandum (PM-602-0194), which:
- Sets out the new “Hold and Review” workflow.
- Widens the group of countries covered to 39.
- Is posted as a DHS policy alert document at DHS January 2026 memo (PM-602-0194).
Under the policy, USCIS can re-review cases that were “previously approved.” That means an I-797 approval notice issued as far back as 2021 may be pulled back into review for affected nationals.
The policy description lists countries including Angola, Nigeria, Senegal, Tanzania, and Zimbabwe among those whose nationals could see approvals reopened. The memo’s summary indicates the list expanded to 39 as of Jan 1, 2026, though the text summary does not enumerate all 39 countries.
What the I-797 variants mean now
USCIS uses several variants of the I-797 form that look similar but have different legal and practical consequences for travel, work authorization, and case progression. The new policy adds a separate layer of review for nationals of the 39-country list, meaning an approval notice can become a waypoint rather than a finish line.
Key form types and their consequences:
- I-797A
- Described as an approval notice with an I-94.
- Functions as a replacement I-94, authorizing the person to remain in the United States until the date on the tear-off portion.
- More information: I-797A
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I-797B
- Described as an approval notice without an I-94 and tied to consular processing.
- Next step: visit a U.S. Embassy or Consulate for a visa stamp before the person can work or stay.
- If present in the U.S., the guidance instructs that the person must leave to obtain the visa stamp.
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More information: I-797B
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I-797D
- A benefit card carrier that accompanies a physical Green Card or EAD.
- Instruction: verify the card matches the notice exactly.
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More information: I-797D
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I-797C
- A receipt or appointment notice (biometrics, interview, etc.).
- Warning: Missing an appointment listed on an I-797C can lead to an immediate denial in 2026.
- More information: I-797C
How the new track changes post-approval handling
The new memorandum creates a separate track for people connected to the 39-country list:
- USCIS can initiate a security-based re-review even after a case was considered closed.
- Arrival of new paper (for example, an I-797C) may inform the applicant that a previously approved case is being re-reviewed for security purposes.
- The agency has not specified how long re-reviews will take, but the policy links the process to case delays and disruptions in visa issuance for affected nationals.
Consular processing and the National Visa Center (NVC)
Consular processing has visible queue stages managed by the NVC. After USCIS approves a petition and issues an I-797 approval notice, the case moves to the NVC before an interview can be scheduled abroad.
- The Welcome Letter from the NVC carries a Case Number and Invoice ID, required to log into CEAC. Applicants cannot proceed in CEAC until that letter arrives.
- As of Dec 29, 2025, State Department timeframes showed:
- NVC was “currently creating cases for petitions received from USCIS on December 15, 2025.”
- NVC was “reviewing documents submitted on December 3, 2025.”
- Source: NVC timeframes.
These timeframes illustrate that an I-797 approval does not always produce immediate next steps; there can be a waiting period before the NVC creates the case and completes document review.
H-1B-specific changes and employer risk
A separate DHS rule change finalized on December 23, 2025 affects employment-based cases tied to the H-1B program:
- USCIS is conducting increased post-adjudication vetting after an H-1B approval to ensure selected wage levels match actual job requirements.
- Some employers are now subject to a $100,000 “America First” fee per visa. That fee must be verified post-approval to maintain status validity.
- Practical consequence: an I-797 approval in an H-1B case may no longer be treated as the final operational green light. Employers must anticipate:
- Wage-level scrutiny after approval.
- A verification step tied to the $100,000 fee.
Additional information on H-1B policy changes: H-1B program
Practical implications for applicants and employers
- The form type matters as much as the word “approved.” For example:
- An I-797B does not confer the right to remain in the U.S. without a valid I-94.
- An I-797A clearly authorizes stay until the specified date.
- Travel decisions are more complicated when consular processing is required. An I-797B approval typically requires a visa stamp abroad before return and employment in the approved status.
- The new re-review authority allows USCIS to revisit older approvals, including approvals dating back to 2021, for nationals of affected countries.
- The policy’s mention of “full or partial suspension” signals different outcomes may apply to applicants from the same region depending on country-specific terms.
Appointments, notices, and stricter consequences
- The appointment and notice system is becoming more unforgiving:
- Missing an appointment listed on an I-797C can result in an immediate denial in 2026.
- This heightens the stakes for applicants who miss mail, move, or misread scheduling instructions.
Temporary Protected Status (TPS) timing notes
- The guidance flags TPS deadlines that add pressure:
- Haiti TPS is set to expire February 3, 2026.
- Venezuela’s 2023 designation has been terminated.
- These TPS timelines combine with post-approval scrutiny and stricter appointment consequences to create heightened procedural risk for affected immigrants.
USCIS framing and final takeaway
USCIS frames the new “Hold and Review” posture as a national security and public safety measure. The spokesperson’s January 2, 2026 statement explicitly targets “aliens from high-risk countries of concern” and points to “high overstay rates, significant fraud, or both.”
For immigrants and employers reading an I-797 approval notice in 2026, the practical message is that “approved” may now be followed by more checks, more waiting, or a reopened file.
USCIS has directed the public to its broader policy resources during the rollout, including USCIS Newsroom and the USCIS Policy Manual.
USCIS has launched a ‘Hold and Review’ policy for 39 high-risk nations, allowing the government to reopen and re-evaluate immigration approvals granted as far back as 2021. This directive, combined with new $100,000 employer fees for H-1B visas and immediate denials for missed appointments, creates a more rigid and scrutinized immigration environment. The policy aims to address national security concerns and high overstay rates among specific populations.
