Important USCIS Update: New Enforcement on False Claims to U.S. Citizenship
For all of our employment-based visa clients, it's critical to understand a recent policy update from U.S. Citizenship and Immigration Services (USCIS) that could have significant implications for your case. USCIS has announced it is now taking a tougher stance on individuals who falsify information or make false claims to U.S. citizenship.
What is the New USCIS Policy?
Effective August 20, 2025, USCIS is updating its Policy Manual to align with the Board of Immigration Appeals (BIA) decision in Matter of Zhang. This new guidance clarifies that the previous policy, which allowed for a defense to a false claim of U.S. citizenship based on a person's lack of knowledge or legal capacity, is no longer valid.
In simpler terms, USCIS is now making it clearer that if you make a false claim to U.S. citizenship, you can face serious consequences, even if you weren't fully aware of what you were doing or didn't intend to deceive them. This applies to any pending or future immigration request.
What This Means for Employment-Based Visa Filers
This policy update underscores the importance of being completely truthful and meticulous in your visa application. For those seeking employment-based visas (like H-1B, L-1, EB-2, or EB-3), the key takeaways are:
No "Innocent Mistake" Defense: The new policy makes it much harder to argue that a false claim was an innocent or unknowing mistake. Whether you were a minor at the time of the claim or simply didn't understand the legal implications, this new guidance will make those defenses more difficult to use.
Intent Doesn't Matter as Much: USCIS is now focusing on the act of making the false claim itself, rather than trying to prove your subjective intent to deceive. The guidance states they will consider factors like age and knowledge, but the primary focus is on the act. This means an unintended false claim can still be a reason for your case to be denied.
Increased Scrutiny: USCIS has stated it is "restoring robust screening and vetting processes." This suggests that officers will be looking more closely for any inconsistencies or potential misrepresentations in your application, particularly regarding your status as a non-citizen.
Our Advice to Clients
The stakes have just been raised. This policy change is a clear signal that USCIS is serious about enforcing immigration laws and detecting fraud. We cannot stress enough the importance of being fully transparent and honest on all immigration forms.
Before filing any petition, we must review your entire immigration history to ensure there are no red flags. If you have ever been in a situation where you might have made a false claim—even something as seemingly minor as incorrectly checking a box on a government form—it is essential that you discuss this with your immigration attorney immediately. Taking proactive steps now can save you from a petition denial or even a finding of inadmissibility in the future.
This is not a time to take chances. Let's work together to ensure your application is as strong and truthful as possible.