USCIS has begun implementing enhanced security vetting procedures that are expected to delay certain pending immigration benefit adjudications. In addition, more types of petitions and applications will require fingerprint-based background checks. These changes follow Executive Order 14385, issued on February 6, 2026, which directs the Attorney General to provide the Department of Homeland Security (DHS) with access to criminal history record information maintained by the Department of Justice for DHS screening and vetting purposes, to the maximum extent permitted by law.
While USCIS has not yet issued detailed public guidance explaining how the new process will be applied across all case types, recent internal guidance and public reporting indicate that, effective April 27, 2026, USCIS began receiving enhanced criminal history record information for fingerprint-based background checks submitted through the FBI’s Next Generation Identification system. According to reporting on the internal guidance, USCIS officers have been directed not to approve certain pending cases until the enhanced checks have been completed, and to resubmit fingerprint-based screenings for any application or petition where the FBI information was received before April 27, 2026.
USCIS has confirmed to media outlets that it has implemented new security checks through expanded access to federal criminal databases, while stating that any delay in decision issuance should be brief. However, the actual timing and operational impact remain uncertain, particularly for cases already pending with USCIS.
Expanded Fingerprint-Based Vetting and New Biometrics Requests
The most immediate impact appears to be on pending applications and petitions that require fingerprint-based background checks. These commonly include adjustment of status applications, naturalization applications, asylum-related filings, and certain employment authorization applications. For cases in which USCIS submitted fingerprints to the FBI before April 27, USCIS officers will need to resubmit the fingerprints already on file for review under the enhanced vetting process before issuing a final approval.
For most affected applicants, this re-vetting process should not require a new Application Support Center (ASC) appointment if USCIS is able to reuse fingerprints already collected. However, applicants should continue to monitor mail, email, and USCIS online accounts closely for any new biometrics appointment notices, RFEs, or other case-specific instructions.
Separately, employers and foreign nationals have seen an increase in RFEs and ASC appointment notices in case types that have not historically required biometrics as a routine matter, including certain Form I-129 nonimmigrant worker petitions and Form I-140 immigrant worker petitions. These RFEs normally request the beneficiary’s current residential address so that USCIS can schedule biometrics collection. Some RFEs reference “potentially adverse information” related to the beneficiary, while others appear to request biometrics without identifying the specific concern. USCIS has general regulatory authority to require applicants, petitioners, sponsors, beneficiaries, or other individuals associated with a benefit request to appear for biometrics collection, but the use of that authority in employment-based petition adjudications has created uncertainty for employers and beneficiaries.
Who Is Impacted by the Enhanced Security Vetting?
The clearest impact is on individuals with pending USCIS filings that required fingerprint collection before April 27, 2026. This includes many applicants with pending Forms I-485, N-400, I-589, and I-765, among others. These applicants may experience delays in final adjudication while USCIS completes the enhanced background check process.
Beneficiaries with pending or future Forms I-129 and I-140 may also be impacted if USCIS issues an RFE requesting beneficiary address information or biometrics. Because these case types do not routinely involve biometrics, employers of these beneficiaries should be prepared for additional processing steps and delays, particularly where USCIS references adverse information or requires the beneficiary to attend an ASC appointment before adjudication can continue. Note that USCIS does not appear to be collecting biometrics from employers at this time.
Although the April 27 process is focused on fingerprint-based checks, broader USCIS processing may be affected as officers devote resources to re-vetting pending cases. Employers should therefore build in additional lead time for filings. Employers can no longer assume that premium processing or historically predictable adjudication patterns will eliminate the risk of delay.
Practical Implications for Employers and Foreign Nationals
The enhanced security vetting process is likely to increase processing uncertainty in the near term. In some cases, USCIS may identify criminal-history information, arrest records, dismissed charges, sealed matters, juvenile records, or other potentially adverse information that was not previously raised in adjudication. Where USCIS intends to rely on derogatory information as a basis for an adverse decision, applicants and petitioners should be given notice and an opportunity to respond, subject to exceptions for classified information.
For employment-based matters, RFEs requesting biometrics should be treated as significant even where they appear procedural. Employers should respond by the stated deadline, confirm the beneficiary’s current residential address, and coordinate with counsel before submitting any explanation regarding criminal history, prior immigration issues, arrests, or other potentially sensitive facts. Beneficiaries should attend any scheduled ASC appointment and retain proof of attendance.
Foreign nationals with pending adjustment of status or employment authorization applications should also review the expiration dates of their current status, employment authorization, and travel documents. Delays in adjudication may affect work authorization, international travel plans, onboarding timelines, and dependent family members.
Recommended Actions
Employers should review pending USCIS cases to identify employees whose status, work authorization, or travel plans could be affected by adjudication delays. Employers should also build additional time into workforce planning, onboarding, extensions, amendments, and green card strategy, particularly where an employee may need continued work authorization or international travel in the coming months.
Applicants and beneficiaries should monitor USCIS case status updates and mail carefully, promptly attend any biometrics appointment, and ensure that USCIS has a current address. Individuals with any prior arrest, citation, charge, expungement, sealed record, juvenile matter, or immigration enforcement history should consult immigration counsel before responding to any RFE or NOID.
Going forward, employers and foreign nationals should expect continued heightened scrutiny, additional biometrics-related requests in some cases, and possible adjudication delays while USCIS implements the enhanced security vetting process.
Klasko Immigration will continue to monitor developments and provide updates as USCIS releases additional guidance or as implementation practices become clearer. If you have any questions about how you or your workforce may be impacted by this development, please reach out to your Klasko attorney or request a consultation.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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