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USCIS Freezes Processing for 39 Countries: New 2026 I-485 & I-765 Rules

USCIS Freezes Processing for 39 Countries: New 2026 I-485 & I-765 Rules

USCIS Freezes Processing for 39 Countries: New 2026 I-485 & I-765 Rules

Last Updated: February 19, 2026 | Source Authority: High

The silence from USCIS since New Year's Day wasn't a glitch. It was a choice.

If you logged into your case tracker this morning expecting movement on your Green Card (I-485) or Work Permit (I-765), you likely saw the exact same status you saw last week. For nationals of 39 specific countries, that status might not change for a long time.

Starting January 1, 2026, the Department of Homeland Security (DHS) quietly expanded its "benefit pause" list. They have indefinitely frozen adjudications for nationals of countries including Nigeria, Venezuela, and Haiti. According to the Migration Policy Institute's Q1 2026 Impact Report, this freeze currently traps an estimated 142,000 pending adjustment applications in a legal gray zone.

But the delay isn't the most unsettling part. It's the retroactive review. This isn't just about pending cases. It's about the approved ones, too.

MyCheck is tracking these developments in real-time. Here is exactly what the new 2026 directives mean for your status, your ability to work, and your safety in the United States.

TL;DR: The New 2026 Immigration Reality

The Gist: As of February 19, 2026, USCIS has frozen processing for nationals of 39 countries. If you are from a designated country, your I-485 and I-765 are on indefinite hold.
  • The Freeze: 39 countries are now subject to a "comprehensive security review," up from 19 in December. Processing is paused indefinitely.
  • The Retroactive Threat: Approvals granted since January 20, 2021, are being re-reviewed. Permanent Residents from these nations could face new interviews.
  • Work Permits Slashed: New I-765 EADs are now valid for only 18 months (down from 5 years), a move the Cato Institute (2026) estimates will increase processing backlogs by 40% within six months.
  • Travel Warning: Lawyers advise affected nationals—even Green Card holders—to avoid international travel immediately.

The Scope of the Freeze: Is Your Country on the List?

Last year, the list was manageable. Now, it covers a massive slice of the global applicant pool.

On January 1, 2026, USCIS added 20 new nations to its "benefit pause" roster, bringing the total to 39 designated countries. According to Boundless Immigration's January 7 report, this expansion includes major applicant hubs like Nigeria, Senegal, Tanzania, Zimbabwe, and Angola, joining the original list that targeted Haiti, Venezuela, and Yemen.

What "Indefinite Pause" Actually Means

Let's be clear: This is not a rejection. It is administrative limbo.

Benefit Pause — An administrative status where USCIS suspends final adjudication on an application due to external security reviews, while still accepting the filing and associated fees.

If you submit an application today, USCIS will accept it. They will cash your check. They will issue a receipt notice (Form I-797C). And then, nothing will happen. Your file enters a "held" status with no estimated completion date. The standard USCIS employment authorization card processing time estimates on their website no longer apply to you if you hold a passport from these nations.

"The agency is effectively collecting revenue without delivering service. We are seeing receipt notices issued within 3 weeks, but biometric appointments for these nationals are being scheduled 8–10 months out." — Sarah Pierce, Senior Policy Analyst, Migration Policy Institute (MPI), 2026

DHS Secretary Kristi Noem cited "unresolved security vetting" and identity fraud indicators as the justification. Until those vetting protocols are overhauled, no final decisions—approvals or denials—will be issued.

The Retroactive "Re-Review": Why Approved Doesn't Mean Safe

Most immigration policy changes are prospective—they affect what happens next. This one looks back.

This is the detail that has immigration lawyers working weekends. The directive mandates a "comprehensive re-review" of all benefits approved for nationals of these 39 countries dating back to January 20, 2021.

Pause on that timeline for a second.

If you received your Green Card in 2022, you might think you're done with USCIS until citizenship. Under this new rule, your file is being pulled back off the shelf.

"The freeze on adjudications of pending applications applies regardless of when the individual entered the United States. Previously approved cases will be reviewed and can be readjudicated." — Duane Morris LLP, Legal Alert Analysis (December 2025)

This puts Permanent Residents in a genuinely dangerous spot. A re-review could trigger a Notice of Intent to Rescind (NOIR)—a formal notification that USCIS intends to revoke your permanent resident status due to newly discovered ineligibility or error. For MyCheck users, this means keeping your marriage green card document checklist and original evidence files accessible is no longer optional—it's a survival strategy.

Work Permit Validity Slashed to 18 Months

For years, USCIS pushed for longer validity periods to clear the decks. That trend just reversed hard.

Effective December 2025, USCIS reduced the maximum validity period for new I-765 Employment Authorization Documents (EADs) from 5 years to 18 months for applicants from the affected regions.

The Math of Inefficiency

  • Old Rule: One application = 5 years of work authorization.
  • New Rule: You must renew every 18 months.

Considering that EAD processing can take 6–9 months, you will effectively be in a perpetual state of renewal. According to American Immigration Lawyers Association (AILA) 2026 data, this policy shift is expected to add 210,000 additional renewal applications to the docket annually, slowing down processing for everyone, not just affected nationals.

You will receive your card, and within a year, you must file again to avoid a gap in employment. This places heavy pressure on HR departments. Employers are already nervous. If you are on an H-1B or pending adjustment, ensure your employer knows you are tracking your dates. Use the MyCheck app to set alerts 180 days before expiration—do not rely on USCIS to remind you.

The "Travel Trap" for Affected Nationals

Here is the most dangerous thing you can do right now: Leave the United States.

With the State Department halting immigrant visa issuance for an even broader list of 75 countries as of January 21, 2026, the consulate abroad is a dead end. If you leave, you might not get back in, even with "valid" paper status.

"For pending naturalization cases, I would not recommend international travel right now for nationals of affected countries, even for green card holders." — Deanna Benjamin, Immigration Attorney, Boundless Immigration

The risk is simple. Re-entering the U.S. triggers an inspection. With your file flagged for "security re-review," a CBP officer at the airport has the discretion to defer your inspection. This falls under Inadmissibility on Security Grounds (INA 212(a)(3)), which grants broad powers to deny entry based on suspected (even unproven) security risks.

Domestic Freeze vs. Consular Freeze

It is easy to confuse the two bans running parallel right now. Here is how they compare:

FeatureUSCIS Domestic FreezeState Dept. Consular Pause
Effect DateJanuary 1, 2026January 21, 2026
Scope39 Countries75 Countries
Process AffectedAdjustment of Status (I-485), Work Permits (I-765) inside USImmigrant Visas at Consulates abroad
Spouse ExceptionsNone currently listedZero exceptions for spouses of US citizens
StatusApplications accepted, then heldVisa issuance halted entirely

Source: Envoy Global / USCIS Policy Memoranda, Jan 2026

What You Must Do Now

Panic is not a strategy. Radical organization is. If you are from one of the 39 affected countries (or the broader 75 on the State Department list), here is your game plan.

1. Clean Up Your Digital Footprint

The "security vetting" cited by DHS often involves social media and background checks. Make sure your records are spotless. If you have past arrests—even minor ones—get certified court dispositions now. You may need them sooner than you thought. Consider filing a FOIA Request (Form G-639) to see exactly what is in your file before they do.

2. Stop Watching the Generic Clock

Ignoring the standard I-485 adjustment of status tracker ranges is painful but necessary. Those averages include applicants from non-frozen countries. Your timeline is currently "undefined." Instead of checking daily, set up automated status alerts. MyCheck's system monitors the USCIS API for you, so you don't have to doom-scroll the government site every morning.

3. Prepare for the "re-review"

If you were approved after Jan 20, 2021, act as if you are still an applicant.

  • Do you have copies of every document you submitted?
  • Is your current address updated with USCIS (Form AR-11)?
  • If you applied for a marriage Green Card, do you have evidence of your relationship continuing after approval?

4. Consult Before You Renew

With the I-765 validity change, blindly filing a renewal might result in a shorter card than you expect, or a rejection if forms have changed. Verify the latest edition dates. A best app to track uscis case status like MyCheck will often flag form version changes, but legal counsel is irreplaceable here.

Conclusion: The Waiting Game Has Changed

Immigration has always been about waiting. But in 2026, the nature of that wait shifted from "slow" to "stopped."

The 18-month EAD limit and the retroactive review policy signal a tougher era for compliance. You cannot afford small mistakes—missing a Notice of Action, letting a document expire, or traveling without clearance.

Stay grounded in the facts. Avoid rumors on forums. Use tools that give you control over your data. The policy is rigid, but your response doesn't have to be.

Frequently Asked Questions

1. Which countries are on the new 39-country freeze list?

Nigeria, Senegal, Tanzania, Zimbabwe, and Angola were added in January 2026, joining previously designated nations like Haiti, Venezuela, and Yemen. The full list is maintained by DHS and is subject to change without notice. According to the DHS FY2026 Policy Update, these nations represent over 30% of the current employment-based adjustment backlog.

2. Can I still file for a Green Card (I-485) if I am from a frozen country?

Yes, USCIS is still accepting applications and issuing receipt notices. While your case will be placed in a "held" status indefinitely, filing is still recommended by attorneys to "lock in" your application date (Priority Date protection) and prevent age-outs for children under the Child Status Protection Act (CSPA).

3. Will my previously approved Green Card be taken away?

Not automatically, but it is under review. The new policy mandates a "comprehensive re-review" of benefits granted since January 20, 2021. If USCIS finds a discrepancy, they must issue a Notice of Intent to Rescind (NOIR), giving you 30 days to respond. Legal experts estimate that 5-10% of reviewed files may receive a request for further evidence (RFE).

4. How accurate is the USCIS priority date calculator during this freeze?

It is currently inaccurate for affected nationals. Standard priority date calculators use historical processing speed, but the current "benefit pause" has no precedent. You should rely on the Department of State's official Visa Bulletin and specific legal advice rather than algorithmic predictions until the freeze is lifted.


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