Signal USCIS Policy Change Expands Authority to Deny Applications Without Request for Evidence

Summary

US Citizenship and Immigration Services issued a Policy Alert on August 5, 2026 revising guidance on initial evidence requirements and the circumstances under which officers may issue, or decline to issue, Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), the Murthy Law Firm reported. Under the new guidance, if a benefit requestor fails to demonstrate eligibility or fails to provide all required initial evidence when filing, USCIS may deny the request without first issuing an RFE or NOID. The guidance took effect immediately and applies to benefit requests pending or filed on or after August 5, 2026, affecting a broad range of filing types including family petitions (I-130), green cards (I-485), work permits (I-765), and employer petitions (I-140, H-1B). The new guidance also eliminates the prior practice of generally providing a full 12 weeks to respond to an RFE, allowing adjudicators to set shorter deadlines case-by-case, and removes the additional 14-day mailing allowance previously given to notices sent outside the United States. Immigration law experts said the policy foretells an increase in USCIS denials.