There’s an important USCIS policy change you need to know about if you’re applying for an immigration benefit: USCIS officers now have ‘broader discretion to deny certain cases without first sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Talk to a legal professional from an immigration law firm in New York if you think your case could be vulnerable to an immediate denial.
USCIS announced the updated policy on August 5, 2026. Under the new guidance, an officer may deny your benefit request if the evidence you submitted fails to establish your eligibility. What makes this significant is that they can do this without giving you another opportunity to provide additional evidence, unless an RFE or NOID is required by law or another controlling authority.
What exactly changed?
The change affects Volume 1, Part E, Chapter 6 of the USCIS Policy Manual, which covers how USCIS evaluates evidence and when officers may request more information.
The biggest difference is what can happen when an officer believes your application or petition doesn’t establish eligibility.
Under the previous 2021 guidance, USCIS generally directed officers to send an RFE or NOID when additional evidence could potentially resolve the problem. Now, an officer may instead deny your benefit request based on the evidence already submitted when an RFE or NOID isn’t otherwise required.
In other words, don’t treat an RFE as a normal part of the process or as an opportunity to finish putting your case together. Your application or petition should be as complete and well-supported as possible when USCIS receives it.
Why were these changes made?
USCIS says the change is meant to encourage applicants to submit complete, well-supported filings from the start. Their goal is to reduce the time officers have to spend on cases that lack enough evidence to establish eligibility.
The policy also moves USCIS away from its 2021 guidance, which generally instructed officers to issue an RFE or NOID when additional evidence could potentially overcome a finding of ineligibility.
Another important point is that the new policy is not limited to applications and petitions filed after the announcement. It also applies to any pending benefit requests you have with USCIS on August 5, 2026, unless another legal or regulatory requirement says otherwise.
What does that mean for you?
Given this update, it’s more important to be conscious of what goes into your initial filing. You shouldn’t assume USCIS will send you an RFE and give you a chance to fill in any gaps later. It’s prudent to consult immigration firms in NYC about the strength of your case presentation and documentary record.
If USCIS does send an RFE
USCIS has not said that officers should stop issuing RFEs altogether, so if USCIS needs additional information or clarification before deciding your case, they may still request it. But don’t assume that you will receive an RFE whenever their initial evidence falls short.
If you do receive one, be sure to respond to every issue USCIS raises, and do so by the deadline listed in the notice. If USCIS asks for several pieces of evidence and you only address some of them, USCIS may make a decision without asking you again for the rest of the requested material that could have addressed the officer’s concerns.
An immigration law firm in New York will ensure that you understand your notice carefully along with the deadlines. With their help, you can give yourself enough time to prepare a complete response.
Important: You may receive less than 12 weeks to answer an RFE
The new guidance clarifies that officers can set the RFE response period according to the circumstances rather than routinely giving the full maximum of 12 weeks. Your notice may give you less time. Check the deadline as soon as you receive an RFE rather than assuming you have the full 12 weeks.
Review before you file
Working with immigration firms in NYC can help you understand how the updated policy may affect your case and whether your filing includes the evidence needed to support your eligibility. Having a legal professional review whether all your documents and application are in order can also go a long way in preventing mistakes that could lead to a denial.
Navigate this policy update with confidence
At Berd & Klauss, PLLC., you can work with an experienced team from one of the established immigration firms in NYC. Our attorneys can help you understand how the latest USCIS policies may affect your case and guide you through the immigration process.
Schedule your initial consultation with our immigration law firm in New York by calling 212-461-7152 or emailing info@berdklauss.com.
