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  7. USCIS Orders Enhanced FBI Background Checks, Freezing Millions of Pending Cases

USCIS Orders Enhanced FBI Background Checks, Freezing Millions of Pending Cases

May 1, 2026
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USCIS Orders Enhanced FBI Background Checks, Freezing Millions of Pending Cases
U.S. Citizenship and Immigration Services confirmed this week that, effective April 27, officers may not approve any application or petition until fingerprints have been rerun through an expanded FBI Next Generation Identification (NGI) database search. Internal guidance—first reported by Reuters and summarized in a detailed April 30 explainer—directs adjudicators to resubmit biometrics for every still-pending Form I-485, I-765, N-400 and dozens of other forms. The change stems from a February 2026 executive order requiring DHS components to “maximize the exchange of criminal-history information.” While officers already received basic fingerprint clearances, the new protocol delivers a much deeper Criminal History Record Information (CHRI) file, including state-level and even municipal arrest records that previously took weeks to obtain manually. USCIS says the extra check should add only “brief” delays, yet practitioners report cases sitting untouched while files are re-queued.

USCIS Orders Enhanced FBI Background Checks, Freezing Millions of Pending Cases


Amid these uncertainties, VisaHQ can streamline peripheral but critical steps—such as securing travel visas for employees whose work authorization may lapse—by offering digital application tools, real-time status tracking and expert document review. Companies and individuals can explore customized solutions and live support for U.S. and worldwide visas at https://www.visahq.com/united-states/

The timing could not be worse. A newly released American Immigration Council dashboard shows the USCIS backlog ballooning to 11.6 million pending cases—triple the load a decade ago. Analysts warn that rerouting millions of files for additional vetting could push routine employment authorization decisions well past published processing times, jeopardizing work continuity for H-4, J-2 and F-1 OPT holders. Employers should brace for downstream effects: longer start-date deferrals, higher RFE rates as stale security clearances expire during adjudication and greater risk that foreign talent will abandon U.S. assignments. Immigration counsel recommend filing renewals at the earliest window, monitoring myUSCIS accounts weekly and budgeting for premium processing where available. Beyond corporate mobility, the policy intersects with the ongoing pause on applications from nationals of 39 “high-risk” countries, meaning those applicants face two independent holds. Litigation is already mounting; a Northern District of California judge ordered USCIS to decide 32 long-stalled EAD applications by mid-May, hinting that blanket holds may violate the Administrative Procedure Act. Stakeholders should watch for more court interventions—and be ready to leverage them if the enhanced checks morph into extended freezes.

American Visas & Immigration Team @ VisaHQ

VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.

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