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On August 5, 2026, USCIS issued Policy Alert PA-2026-05, updating portions of the USCIS Policy Manual relating to evidentiary standards, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). The policy update expands USCIS’ authority to deny filings without first issuing an RFE or NOID and to shorten the customary RFE response period, on a case-by-case basis where appropriate. While these authorities are not entirely new, the guidance signals a departure from longstanding adjudicative practice, under which USCIS more routinely issued RFEs before denying a petition or application.
What Does the Policy Alert Do?
Effective immediately and applicable to all filings submitted on or after August 5, 2026, the Policy Alert expands USCIS’s discretion to deny certain filings without first providing the filer an opportunity to address perceived deficiencies through an RFE or NOID.
The alert also:
- Reemphasizes the applicant’s or petitioner’s burden to establish eligibility at the time of filing and throughout adjudication;
- Confirms that USCIS officers are not required to provide the maximum 12-week RFE response period and may set shorter deadlines consistent with regulatory limits on a case-by-case basis;
- Eliminates the prior practice of providing an additional 14 days for notices mailed internationally, returning to the regulatory rule that generally allows only an additional three days for notices served by mail; and
- Clarifies that a partial response to an RFE or NOID will be treated as a response requesting a decision on the record as submitted.
USCIS explained that the changes are intended to discourage frivolous, placeholder, or substantially incomplete filings and to improve adjudicative efficiency.
What the Policy Alert Does Not Change:
RFEs are not disappearing. The alert does not eliminate RFEs or NOIDs. USCIS officers retain discretion to issue RFEs where appropriate, and we expect RFEs to remain a common part of the adjudication process, particularly in complex employment-based filings.
Key Takeaways:
This policy guidance signals a shift in USCIS’s long-standing adjudication practices.
For well-prepared filings that include all required initial evidence and present a strong legal case from the outset, this policy should have little practical impact. Most employers and immigration practitioners already prepare cases under the assumption that the initial filing should be sufficient for approval without relying on a future opportunity to supplement the record.
If an RFE is issued, it is important to carefully monitor the response deadline and promptly begin collecting the requested evidence. With USCIS issuing shorter deadlines, proactive engagement in the response process is more important than ever.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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