The United States Citizenship and Immigration Services (“USCIS”) has amended a previous policy during the Biden Administration which encouraged adjudicating officers to issue a Request for Evidence (“RFE”) before denying an immigration benefit even if the benefit being sought was filed incomplete, the requestor failed to demonstrate eligibility for the benefit being sought, or did not provide initial evidence clearly required at the time of submission. According to USCIS, the previous policy allowed for frivolous or substantially incomplete filings which slowed processing times and led to increased operational costs.
The new policy, which was announced on August 5, 2026, restores an adjudicating officer’s full discretion in denying an immigration benefit without first issuing an RFE or a Notice of Intent to Deny (“NOID”).
Updated policy highlights include the following:
- Clarifies the distinction between initial and additional evidence, primary and secondary evidence, and the evidentiary weight given to affidavits submitted in lieu of primary or secondary evidence.
- Clarifies that USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence without first issuing an RFE or NOID in cases where all required initial evidence is not submitted with the benefit request.
- Realigns the response time and additional mailing time provided for RFEs and NOIDs to conform to the regulatory guidelines, regardless of location; previously, USCIS provided 14 days of additional mailing time for international correspondence.
- Clarifies that when USCIS receives any requested evidence in response to an RFE or NOID, even if the evidence only partially responds to the RFE or NOID, that USCIS considers such response as a request for a decision.
The revised policy is effective immediately and applies to immigration benefits that remain pending with USCIS or filed on or after August 5, 2026.
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Copyright 2026. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
