Client Alert: What Employers Need to Know about the August 15, 2025, Change to USCIS Immigration Policy

Authors:

David Asser
Trevor Gallaway

Many American corporations in industries such as hospitality, restaurants, and healthcare depend on a blended workforce made up of American workers, visa holders, and naturalized U.S. citizens. Employers can play a significant role in assisting employees throughout the naturalization process by helping them demonstrate their good moral character.

Messner Reeves issues this client alert to provide an update on USCIS standards concerning “Good Moral Character” for applications for naturalization.

***

On August 15, 2025, the U.S. Citizenship and Immigration Services “USCIS” added much greater scrutiny to determining good moral character by including “other acts that are contrary to the average behavior of citizens in the jurisdiction where aliens reside. These could be actions that, while technically lawful, may be inconsistent with civic responsibility within the community, such as reckless or habitual traffic infractions, or harassment or aggressive solicitation”.

Immigration attorney David Asser commented, “A quick analysis of the memo questions its legality, and it is unclear whether this additional scrutiny is contrary to the regulations and the law, as it appears to be vague, arbitrary, and capricious. What is certain is that this memo will lead to uncertainty, inappropriate denials, and lawsuits.”

Update on Standards for Naturalization and Good Moral Character

Since 1990, the INS and now USCIS have applied the preponderance of evidence standard to all naturalization requirements. Although certain bars remain unconditional and permanent (e.g., murder, aggravated felony, torture, and genocide) for which no exceptions exist, the statute also includes a “catch-all clause”, stating that an alien may lack good moral character even if they do not commit an offense within one of the nine enumerated classes. To determine good moral character, the officer must find that the applicant “has been and still is a person of good moral character” during the statutory period. USCIS determines whether an alien has met the GMC requirement on a case[1]by-case basis.

What Employers Need to Know

Demonstrating good moral character is a complex process that requires both the absence of disqualifying actions and the presence of positive qualities. For employees navigating this process this new memo alters their risk assessment regarding applying for naturalization. Employees will have to carefully weigh all factors. However, having a corporate job can be a significant asset, especially when it is accompanied by other positive contributions to present a complete and compelling picture of a person’s commitment to society in the United States.

Many employers assist their employees with the naturalization process by providing evidence of consistent employment and letters of recommendation. Given the USCIS updates made on August 15, 2025, employers want to caution their employees about all the risks involved but also could provide them with information about the employee’s contributions through their job that benefit society, such as volunteer, community, and pro bono activities.

The immigration legal team at Messner Reeves assists corporations of all sizes in navigating the complex process of legally hiring foreign workers. Contact David Asser or Trevor Gallaway to find out how we can support you with work visas, global mobility programs, I-9 compliance, and more.