U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance that restores officers’ discretion to deny immigration benefit requests when applicants fail to submit required evidence or otherwise do not establish eligibility at the time of filing. The policy took effect immediately on August 5, 2026, and applies to pending applications as well as new filings unless otherwise specified by regulation.
The update modifies prior guidance that generally encouraged officers to issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) before denying an application, even when required initial evidence was missing.
USCIS Reaffirms Burden of Proof at Filing
USCIS emphasized that benefit requestors bear the burden of establishing eligibility when they file an immigration application and must remain eligible throughout the adjudication process. The agency noted that regulations already allow officers to deny applications when required initial evidence is not submitted or when the filing lacks a legal basis for approval.
Under the new guidance, officers may:
- Deny a benefit request for lack of required initial evidence;
- Deny requests that fail to establish eligibility at filing; or
- Issue an RFE if they determine it is appropriate.
Shift Away from Prior Policy
According to USCIS, previous guidance led officers to issue RFEs or NOIDs in many situations where applications were incomplete or failed to demonstrate eligibility. The agency stated that the prior approach encouraged frivolous, placeholder, or substantially incomplete filings and increased overall processing times.
USCIS specifically noted concerns that some applicants used incomplete filings to obtain ancillary immigration benefits, including employment authorization, while waiting for adjudication of the underlying case.
Additional Changes to RFE and NOID Procedures
The policy update also revises how USCIS handles response periods for RFEs and NOIDs.
The agency confirmed that:
- Officers are not required to provide the maximum 12-week RFE response period.
- RFE response periods cannot exceed 12 weeks.
- NOID response periods cannot exceed 30 days.
- USCIS will no longer provide an additional 14 days for international correspondence.
- Only the regulatory 3-day mailing allowance will apply when notices are served by mail.
In addition, USCIS clarified that if any evidence is submitted in response to an RFE or NOID, even if only partially responsive, the agency will treat the submission as a request for a decision on the case.
Key Policy Highlights
The updated guidance also:
- Clarifies distinctions between initial evidence and additional evidence;
- Clarifies the use of primary and secondary evidence;
- Explains the evidentiary weight given to affidavits submitted in place of documentary evidence;
- Reinforces that complete filings should be submitted at the outset; and
- Aligns internal USCIS guidance with existing federal regulations.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.