On January 14, the State Department quietly announced something that immediately triggered panic across HR and Legal Ops teams: immigrant visa processing was suspended for individuals from 75 countries.

For many employers, the initial reaction was understandable.
Questions flooded in.

  • Does this affect employees already in the U.S.?
  • Are pending cases at risk?
  • Should international travel be stopped immediately?

The reality is more nuanced. And that nuance matters.

In this article, we break down what’s actually happening, why HR leaders are seeing more Requests for Evidence (RFEs), and how to assess immigration risk using a simple Red–Yellow–Green framework so your organization can act strategically instead of reactively.

 

The Announcement That Sparked Confusion (and Fear)

The State Department’s pause applies only to immigrant visa processing at U.S. consulates abroad. It does not affect:

  • Adjustment of Status applications filed with USCIS
  • Employees already inside the United States
  • Most ongoing corporate immigration matters

Still, sudden policy announcements create uncertainty. And uncertainty is dangerous in high-volume immigration programs.

At the same time, USCIS released a separate memo announcing enhanced scrutiny for applications tied to certain countries under Presidential Proclamation 10998. This has already resulted in more aggressive RFEs, even for cases that would previously have been routine.

The takeaway for employers is clear:
Technical eligibility alone is no longer enough.

Why RFEs Are Becoming More Demanding

HR teams are increasingly seeing RFEs that go beyond forms and checklists.

USCIS is now asking questions like:

  • Why is this employee essential to the employer’s business?
  • What value does the employee bring to the U.S. economy, community, or workforce?
  • How do positive equities outweigh potential security or public-charge concerns?

This shift raises the bar. Successful cases now require context, storytelling, and strategy, not just compliance.

That’s why preparation matters more than ever.

The Immigration “Traffic Light” Framework for HR Teams

To help employers quickly assess risk, we use a Red–Yellow–Green model. This framework helps HR and Legal Ops teams prioritize attention, escalate appropriately, and avoid costly missteps.

🔴 Red Light: State Department Interaction Outside the U.S.

High-risk scenarios include:

  • Immigrant visa processing at U.S. consulates
  • Nonimmigrant visa stamping abroad
  • Any case requiring travel and consular processing

What HR should do now:

  • Pause nonessential international travel
  • Coordinate immediately with immigration counsel
  • Align HR, legal, and hiring managers before any action is taken

These cases demand proactive planning, not last-minute fixes.

🟡 Yellow Light: International Travel and CBP Interaction

Moderate-risk scenarios include:

  • Employee travel outside the U.S.
  • Reentry through Customs and Border Protection
  • Border inspections and questioning

What HR should do now:

  • Review travel plans in advance
  • Ensure employees understand reentry risks
  • Confirm documentation is complete and current

Travel is not prohibited, but assumptions are dangerous.

🟢 Green Light (With Caution): USCIS Filings Inside the U.S.

Lower-risk scenarios include:

  • Adjustment of Status
  • Extensions and changes of status
  • Employment authorization tied to pending cases

Employees often have more protection once inside the U.S. and may be able to continue working while applications are pending.

However, every filing creates a permanent government record.

What HR should do now:

  • Avoid rushed filings
  • Ensure petitions are fully documented
  • Engage counsel before submission, not after a problem arises

This is a “dark green,” not a free pass.

A Practical Checklist for HR & Legal Ops Teams

Use this checklist to audit your current immigration exposure:

Immediate Actions

  • ☐ Identify employees currently outside the U.S.
  • ☐ Flag any upcoming visa stamping or consular processing
  • ☐ Review all planned international travel

Case Strategy

  • ☐ Prepare stronger employer support narratives
  • ☐ Document business necessity and employee impact
  • ☐ Anticipate enhanced RFEs before filing

Process Controls

  • ☐ Centralize immigration decision-making
  • ☐ Align HR, legal, and leadership on risk tolerance
  • ☐ Avoid “emergency filings” whenever possible

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The Bigger Picture for Employers

What we’re seeing now is not a temporary spike. It’s a structural shift.

Immigration cases are increasingly judged not just on eligibility, but on credibility, value, and risk mitigation. Employers that rely on volume, speed, or fragmented decision-making are far more exposed.

Those who invest in thoughtful strategy, documentation, and proactive counsel are far better positioned to protect their workforce.

Frequently Asked Questions

1. Does the visa processing pause affect employees already in the U.S.?

No. The State Department pause applies only to immigrant visa processing abroad. USCIS cases inside the U.S. are not directly affected.

2. Should we stop all international travel for employees?

Not necessarily. Travel falls into a yellow-risk category. Each case should be reviewed individually with counsel before decisions are made.

3. Why are RFEs becoming more aggressive?

USCIS is weighing broader discretionary factors, including business value, security considerations, and public-charge risk, beyond technical eligibility.

4. Can employees continue working while cases are pending?

Often yes, but not always. Work authorization depends on the specific case type and status. HR should confirm before assuming continued eligibility.

5. When should HR involve immigration counsel?

Before filing, before travel, and before any consular interaction. Fixing issues after the fact is far more costly and risky.

 

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