• 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: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more
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
Important Updates
Important Updates
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 4, 2026 | IrelandGlobal Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities
June 4, 2026 | 🌐Minimum Salary Changes Announced
June 3, 2026 | United StatesBloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers
June 3, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 4, 2026 | IrelandGlobal Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities
June 4, 2026 | 🌐Minimum Salary Changes Announced
June 3, 2026 | United StatesBloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers
June 3, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
Subscribe

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.