On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) announced an important policy change regarding the evidence submitted with immigration benefit requests.
The new guidance restores USCIS officers’ discretion to deny a request or petition without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
Under the previous policy, officers were generally encouraged to issue an RFE or NOID when documents were missing or the submitted evidence did not adequately demonstrate eligibility. This typically provided an opportunity to correct the deficiency before USCIS reached a final decision.
Under the new policy, that opportunity is no longer guaranteed.
If a filing does not contain all required initial evidence, or if the submitted documentation fails to establish eligibility for the requested benefit, the officer may deny the case without requesting additional evidence.
This does not mean that USCIS has eliminated RFEs or NOIDs. Officers may still issue them when deemed appropriate. However, it should no longer be assumed that USCIS will provide an additional opportunity to complete or strengthen an insufficient submission.
The practical message is clear: every petition or application must be submitted complete, properly prepared, and backed by sufficient evidence from the start. Each filing should be prepared as if USCIS were going to decide the case solely based on the initial documentation submitted.
This article provides general information and does not constitute legal advice.