USCIS is Using AI to Verify Work Without Authorization

USCIS is increasing its use of artificial intelligence and partnership with enforcement agencies, all foreign students and workers should be mindful of their employment history and online presence. Proactively addressing this requirement can help students and employers avoid potential discrepancies and ensure ongoing compliance.

It is recommended that students thoroughly review their online job board profiles (LinkedIn, Indeed, etc.) and, when applicable, I-983 Training Plan to ensure full compliance with Optional Practical Training (OPT) and Science, Technology, Engineering, and Mathematics (STEM) OPT regulations.

For applications requesting a change of status to H-1B, students should confirm they have appropriate employment authorization for jobs listed on the petition and on publicly available websites. For example, students may list themselves as “founder” of a company for a school assignment without Curricular Practical Training (CPT) or other authorization rendering the student ineligible for a change of status and triggering the $100,000.00 H-1B fee.

It's important to confirm consistency between public profiles and immigration petitions (i.e. job titles, dates of employment, compensation, and job duties). Further, students need to avoid exaggerated descriptions of roles online and to update profiles promptly to reflect accurate, authorized employment consistent with immigration status.

Similarly, it's important to verify the worksite listed on the I-983 Training Plan reflects the actual address at which the STEM OPT student works. Many times, only the main office of employment is listed as a worksite in the training plan.

While not expressly prohibited by regulation, working from home on STEM OPT may be difficult to justify because direct supervision is required. If remote work is taking place, ensure that the I-983 addresses how oversight and supervision is taking place, such as weekly meetings, review of work product, etc. If possible, the employer should file an updated I-983 listing the new worksite. Practitioners should also ensure that the student is working for an e-Verified employer, particularly if the STEM OPT student worked for a different company than the employer who completed the original I-983 Training Plan.

Lastly, it may be prudent to include a reminder that STEM OPT students must be compensated and that their compensation must be consistent with what is reported on Form I-983. While this issue has not yet been a point of scrutiny, there are clear indicators that the I-983 training plan may receive increased attention in future compliance reviews. Proactively addressing this requirement can help students and employers avoid potential discrepancies and ensure ongoing compliance.

What is the 75 Country Immigrant Visa Ban?

Effective January 21, 2026, the Department of State paused all visa issuances to immigrant visa applicants who are nationals of the following countries:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen. 

This is ONLY for immigrant visas issued outside the United States. This does NOT impact any processing of an immigration case with USCIS domestically within the United States. 

Frequently Asked Questions (FAQ)

What happens to my immigrant visa interview appointment?
Immigrant visa applicants who are nationals of affected countries may submit visa applications and attend interviews, and the Department will continue to schedule visa interviews.

Are there any exceptions?

Dual nationals applying with a valid passport of a country that is not listed above are exempt from this pause.  

Children being adopted by Americans can qualify for an exception, including a National Interest Exception pursuant to Presidential Proclamation 10998, if applicable. These American families should continue the normal adoption process. They should submit visa applications and attend consular interviews. They do not need to take other additional steps to be considered for a case-by-case exception under the National Interest Exception.

Does this affect my current valid visa?
No immigrant visas have been revoked as part of this guidance.  

Does this apply to tourist visas?
No, this pause is specifically for immigrant visa applicants. Tourist visas are nonimmigrant visas and are not affected.

What is the 39 Country USCIS Processing Hold?

As of January 2026, USCIS has placed a hold on processing immigration benefits for applications for nationals from 39 "high-risk" countries, This policy pauses applications for residency, naturalization, and work authorization for individuals born in or citizens of these designated nations to conduct increased vetting.

List of the Countries impacted:

Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, Republic of Congo, Cote d'Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Palestinian Authority (documents), Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.

(Note: Sources list 39-40 countries depending on specific categorization, with some listing Angola to Zimbabwe in addition to others, bringing the total in some reports to 40).

Key Details regarding the 39-Country Hold:

Applicable Benefits: The pause applies to I-485 (Green Card), N-400 (Naturalization), I-130 (Family Petitions), I-129 (Work Visas), and I-765 (Work Authorization).

Scope: Includes individuals currently in the U.S. and those requesting visa processing abroad. 

How long will the Immigrant Visa Pause and USCIS Processing Hold last?

At this point there is no indication how long these policies will be in place. The Trump Administration is issuing interim updates, but there is no clear timeline or specific policy goals defined yet.  

The US Department of Status has not provided any updates since January 2026.

As of April 2026, USCIS indicates it has so far made the following changes, but there is no indication that the 39 country hold will 

• Enhanced Screening and Vetting Practices
  Over the past several months, USCIS has reviewed and updated screening and vetting practices, including:
  • Shortening validity periods for certain Employment Authorization Documents to require more frequent security checks;
  • Updating photograph reuse policies to strengthen identity verification, including biometric identity verification when reusing fingerprints;
  • Increasing social media and financial vetting and community interviews;
  • Launching Operation PARRIS to conduct additional background checks, re-interviews, and merit reviews of refugee claims, led by the USCIS Vetting Center;
  • Developing system connectivity for automatic notifications of biometric matches and new criminal information; and
  • Requiring final arrest encounter reviews and Department of State Consular Consolidated Database checks before final adjudication.

• Internal Review Process

USCIS established an internal process for lifting holds on individual or group cases, requiring comprehensive review by multiple offices. Holds have been lifted for aliens vetted through Operation PARRIS, certain petitions filed by U.S. citizens, intercountry adoption forms, certain rescheduled oath ceremonies, statutory and regulatory decision issuance, refugee registrations for South African citizens/nationals, certain special immigrant visa petitions, certain employment authorization documents, and asylum applications from non high-risk countries. 

• Country-Specific Risk Analysis
  USCIS compiled information on each country listed in the travel ban proclamations and is working with the Department of State to identify risk factors, including indicators of fraud, public safety, or national security risks. USCIS is comparing these to existing screening practices to recommend improvements.

• Enhanced Vetting Plan Development
  USCIS is developing a layered vetting plan, incorporating classified and unclassified information, as well as expanded criminal history checks, identity verification, and ad hoc security checks to close security gaps.

• Guidance for Adjudicators
  USCIS is developing guidance to help adjudicators align interview resources to specific risks identified for each country, including document reliability concerns and designated Foreign Terrorist Organizations (FTOs).