KEY TAKEAWAY FROM THE USCIS DOCUMENT RELEASED TODAY (JANUARY 1, 2026)!!!

USCIS will continue to accept and process Form I-140 petitions, including EB-1A and EB-2 NIW filings, from nationals of countries affected by Presidential Proclamation 10998. However, pursuant to the January 1, 2026 USCIS Policy Memorandum, final adjudication of these petitions may be temporarily placed on hold while enhanced security, identity, and background reviews are conducted.

Although this policy may result in longer processing times, it does not prohibit approval of I-140 petitions. Petitions that meet all statutory requirements and successfully clear the required reviews may still be approved once the adjudicative hold is lifted or an applicable exception applies. 

Please note that the memorandum also outlines exceptions to the adjudication hold. Notably, Item 8 states that cases in which the applicant’s entry is deemed to be in the U.S. national interest are not subject to the hold.

However, given the current uncertainty, the more prudent approach may be to file Form I-140 petitions without premium processing until there is clearer evidence that USCIS is taking final decisions (approval or denial) on petitions from affected countries. Happy New Year and a Blessed Year ahead!