Important Updates
Important Updates
January 9, 2026 | United StatesUnited States: Premium Processing Fees Will Increase Effective March 1
January 9, 2026 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
January 9, 2026 | United StatesGlobal Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”
January 9, 2026 | BahrainMiddle East: Scheduled Increase in Employer Monthly Contribution Rate
January 9, 2026 | Republic of Korea (South Korea)South Korea: 'Visit Korea Year' Temporarily Exempts 22 Countries from K-ETA
January 9, 2026 | United StatesUnited States: Premium Processing Fees Will Increase Effective March 1
January 9, 2026 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
January 9, 2026 | United StatesGlobal Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”
January 9, 2026 | BahrainMiddle East: Scheduled Increase in Employer Monthly Contribution Rate
January 9, 2026 | Republic of Korea (South Korea)South Korea: 'Visit Korea Year' Temporarily Exempts 22 Countries from K-ETA
January 9, 2026 | United StatesUnited States: Premium Processing Fees Will Increase Effective March 1
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

USCIS Revises Policies to Reduce Administrative Barriers

June 9, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • USCIS has announced a set of policy revisions, effective immediately, that are designed to reduce administrative barriers to seeking immigration benefits.
  • In a return to a 2013 policy, USCIS officers are instructed to first issue requests for evidence (RFEs) or notices of intent to deny (NOIDs) -- instead of outright denials – on cases that could establish eligibility with the addition of further evidence.
  • Employment authorization documents (EADs) for most adjustment of status applicants may now be issued for two years of validity, an increase from one year under the prior policy.
  • The agency provides additional detail on its expedite criteria for applications that may require urgent adjudication due to severe financial loss.

The issue

U.S. Citizenship and Immigration Services (USCIS) has issued a set of policy revisions aimed at reducing burdens on those eligible for U.S. immigration benefits. The changes follow a February 2, 2021 executive order in which President Biden instructed federal agencies to conduct a review of immigration regulations, policies and guidance, and eliminate barriers to the Administration’s priority of promoting legal immigration. 

The new policy guidance addresses USCIS issuance of requests for evidence (RFEs) and notices of intent to deny (NOIDs), the validity period of employment authorization documents (EADs) for adjustment of status applicants, and expedite criteria for immigration benefit applications.

Return to 2013 policy on RFEs and NOIDs

The new USCIS guidance reinstates a 2013 policy in which officers are instructed to issue RFEs or NOIDs – not denials -- in cases filed with initially insufficient evidence, unless there is no possibility that additional evidence would establish eligibility for the immigration benefit. The new policy replaces a 2018 USCIS policy that allowed officers to deny benefit requests outright for lack of initial evidence. In reinstating the former policy, USCIS says that companies and foreign nationals should generally be given an opportunity to correct innocent mistakes and unintentional omissions through the submission of additional evidence without needing to re-submit a full application.

Two-year EADs for most adjustment of status applicants

USCIS will now permit Employment Authorization Documents for most adjustment of status applicants to be issued for a maximum of two years, an increase from the standard one year of validity. The extension applies to all applicants applying for adjustment under Section 245 of the Immigration and Nationality Act, which includes employment-based and family-based adjustment applicants. The agency did not address the validity of adjustment of status travel document (advance parole) validity, which is still limited to one year.

Clarification of expedite criteria

In its new guidance, USCIS has also clarified criteria for whether an immigration case may be generally afforded expedited treatment due to severe financial loss. In the revised policy manual, the agency says a company seeking to expedite adjudication of a case may demonstrate severe financial loss if it is at risk of failing, losing a critical contract, or being required to lay off employees. Further, an individual may be able to demonstrate severe financial loss by establishing a job loss, but their need to obtain employment authorization alone, without other compelling factors, would not warrant expedited treatment.

The new guidance also restores the ability of certain nonprofit organizations to request expedited service even where premium processing is available for the immigration benefit sought. In other instances, expedite treatment is generally not available if premium processing is offered for the benefit. 

What the new guidance means for employers and foreign nationals

The new guidance improves on prior restrictive adjudication policies, but may not offer wholesale change in some areas. Under the reinstated RFE/NOID policy, companies and foreign nationals may receive fewer outright denials on immigration benefit applications. However, the number of RFEs and NOIDs received may not decrease significantly, given that officers always have the authority to request further evidence when they determine eligibility for a benefit has not been established. USCIS’s recent reinstatement of agency deference in adjudications may prove to have more significant impact in this area, but practical implementation of the policy change within the agency may lag behind the policy announcement.

Employment- and family-based adjustment of status applicants who are granted two-year EADs under the new EAD policy may experience fewer or shorter gaps in work authorization. However, advance parole travel documents must still be renewed annually while an adjustment application is pending.

Lastly, further clarification on expedite criteria may assist companies and foreign nationals in determining how USCIS may view their request, but the agency will continue to consider expedites on a case-by-case basis. The decision to grant or deny is within the agency’s sole discretion. Expedites are typically challenging to obtain.

Fragomen is monitoring the implementation of these and other recent USCIS policy changes and will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.