Important Updates
Important Updates
May 4, 2026 | Japan, United States2026年4月 アメリカ移民法ダイジェスト
May 6, 2026 | United KingdomGlobal Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process
May 6, 2026 | IndiaIndia: New OCI Rules Bring Broader Eligibility but Stricter Compliance Measures
May 6, 2026 | RomaniaRomania: New Unified Work Permit System and Online System Implemented
May 6, 2026 | United StatesUnited States: DHS Submits F/J/I Duration of Status Termination Rule for Federal Review
May 4, 2026 | Japan, United States2026年4月 アメリカ移民法ダイジェスト
May 6, 2026 | United KingdomGlobal Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process
May 6, 2026 | IndiaIndia: New OCI Rules Bring Broader Eligibility but Stricter Compliance Measures
May 6, 2026 | RomaniaRomania: New Unified Work Permit System and Online System Implemented
May 6, 2026 | United StatesUnited States: DHS Submits F/J/I Duration of Status Termination Rule for Federal Review
May 4, 2026 | Japan, United States2026年4月 アメリカ移民法ダイジェスト
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Media mentions

Silicon Valley Business Journal: Trump’s H-1B Overhaul Favors Deep-Pocketed Bay Area Firms Over Indian Staffing Agencies

Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen Features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Media mentions

Silicon Valley Business Journal: Trump’s H-1B Overhaul Favors Deep-Pocketed Bay Area Firms Over Indian Staffing Agencies

Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen Features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.