United States: USCIS Expands Adjudicators’ Authority to Deny Filings Without a Request for Evidence
August 5, 2026
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At a glance
- Effective immediately, USCIS adjudicators are authorized to deny a petition or application without first issuing a Request for Evidence (RFE) if the original submission does not include all required initial evidence or does not demonstrate eligibility for the immigration benefit requested.
- In lieu of the current standard 12-week RFE response time frame, USCIS adjudicators will now have the discretion to determine the response time on a cases-by-case basis, with 12 weeks being the maximum response time allowable.
The issue
In new guidance issued today, U.S. Citizenship and Immigration Services (USCIS) has authorized its adjudicators to deny immigration applications or petitions without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if the filer fails to submit all required initial evidence or fails to establish eligibility for the requested benefit. This is a departure from previous policy, under which officers were generally expected to give filers an opportunity to address perceived documentary or substantive deficiencies by first issuing an RFE or NOID before denying a case. The new policy is in line with a similar initiative undertaken during the first Trump Administration.
In addition, USCIS is eliminating its longstanding policy of generally according filers the full 12-week maximum period to respond to RFEs. Under the new policy, USCIS adjudicators now have the discretion to set the deadline for a response on a case-by-case basis, with 12 weeks being the maximum response time allowable. Form I-539 applications to extend or change status and Form I-601A applications for provisional unlawful presence waivers, however, have a maximum response time of only 30 days. According to the agency, adjudicators are expected to set a response time that is appropriate for the evidence being requested in the particular case.
In a related development, USCIS today issued separate guidance requiring its adjudicators to suggest DNA testing in a broader range of cases when additional evidence is needed to establish a qualifying family relationship in family-based immigration cases.
These new policies, which have been incorporated into the USCIS Policy Manual, are effective immediately and apply to all applications and petitions pending or filed on or after August 5, 2026. USCIS is accepting comments on the new policies until September 7, 2026.
What the new guidance means for employers and foreign nationals
Though the USCIS announcement accompanying the new guidance states that “USCIS form instructions specify all required initial evidence for every benefit request, giving requestors all the information needed to comply,” in practice, it is not always clear what documentation will be considered required initial evidence for each case type. In addition, even if all required initial evidence is submitted, the new policy would still allow an adjudicator to deny an application or petition without an RFE or NOID if the adjudicator concludes that the submission fails to demonstrate eligibility for the requested benefit.
Given the broad authority adjudicators now have to deny filings without first giving filers an opportunity to submit missing documents or address perceived deficiencies in the case, petitioners and applicants will need to work closely with their immigration counsel to ensure that all evidence necessary to demonstrate eligibility is obtained before an immigration benefit application is submitted. Employers and foreign nationals will also need to be prepared to provide documentation quickly in the event of an RFE with a short response time.
Fragomen is closely monitoring implementation of the new guidance and will issue additional alerts as denial trends emerge.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
