Important Updates
Important Updates
September 16, 2025 | United KingdomConstruction Management: Crackdown on Illegal Working in Construction
September 17, 2025 | DenmarkDenmark: Delays for ‘Association Agreement with Türkiye’-Covered Applications
September 17, 2025 | United Arab EmiratesUnited Arab Emirates: New Electronic Visa Platform Announced
September 16, 2025 | AustraliaAustralia: Draft Core Skills Occupation List for Proposed Skills in Demand Visa Released
September 16, 2025 | AustraliaAustralia: English Language Test Requirement Updated
September 16, 2025 | United KingdomConstruction Management: Crackdown on Illegal Working in Construction
September 17, 2025 | DenmarkDenmark: Delays for ‘Association Agreement with Türkiye’-Covered Applications
September 17, 2025 | United Arab EmiratesUnited Arab Emirates: New Electronic Visa Platform Announced
September 16, 2025 | AustraliaAustralia: Draft Core Skills Occupation List for Proposed Skills in Demand Visa Released
September 16, 2025 | AustraliaAustralia: English Language Test Requirement Updated
September 16, 2025 | United KingdomConstruction Management: Crackdown on Illegal Working in Construction
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • 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

Construction Management: Crackdown on Illegal Working in Construction

Manager Kirsty Moore highlights the need for UK construction employers to maintain compliance and manage risks.

Learn more

Media mentions

Newsweek: Green Card Update: Applicants Receive Major Boost

Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Learn more

Video

Permanent Access Cards Replaced by Permanent Identity Cards for Golden Visa Holders in Jebel Ali Free Zone | #MobilityMinute

Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Learn more

Blog post

Under the Microscope: How UK Care Providers Can Prepare for Home Office Compliance Checks

Manager Evan Tutton and Associate Naomi Nyamaah discuss increased Home Office scrutiny of the UK care sector, including more sponsor licence compliance checks and enforcement visits due to concerns over non-compliance and exploitation.

Learn more

Blog post

Understanding the 2025 Changes to Belgium’s Family Reunification Rules

Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Media mentions

Construction Management: Crackdown on Illegal Working in Construction

Manager Kirsty Moore highlights the need for UK construction employers to maintain compliance and manage risks.

Learn more

Media mentions

Newsweek: Green Card Update: Applicants Receive Major Boost

Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Learn more

Video

Permanent Access Cards Replaced by Permanent Identity Cards for Golden Visa Holders in Jebel Ali Free Zone | #MobilityMinute

Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Learn more

Blog post

Under the Microscope: How UK Care Providers Can Prepare for Home Office Compliance Checks

Manager Evan Tutton and Associate Naomi Nyamaah discuss increased Home Office scrutiny of the UK care sector, including more sponsor licence compliance checks and enforcement visits due to concerns over non-compliance and exploitation.

Learn more

Blog post

Understanding the 2025 Changes to Belgium’s Family Reunification Rules

Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

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

© 2025 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.