On August 5, 2026, the US Citizenship and Immigration Services (USCIS) issued a Policy Alert updating its guidance to adjudicators on evidentiary requirements, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). Effective immediately, USCIS officers may deny petitions and applications without first issuing an RFE or NOID in certain circumstances and may establish case-specific RFE response periods, subject to regulatory maximums.
Adjudicators have authority to deny filings
USCIS has had a longstanding practice requiring officers to issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The new policy clarifies the authority of USCIS officers and allows them to deny petitions or applications without first issuing an RFE or NOID when initial evidence is missing or when the evidence submitted does not establish eligibility for the requested benefit.
Potential changes to RFE/NOID response timelines
USCIS has generally provided up to 12 weeks (84 days) to respond to RFEs and 30 days to respond to NOIDs. Under the new policy, officers are also directed to set response periods for RFEs that are appropriate for the evidence requested and may establish shorter deadlines, provided they do not exceed the regulatory maximum of 12 weeks.
Previously, USCIS generally provided an additional 14 days when RFEs or NOIDs were mailed to recipients outside the United States. Under the revised policy, USCIS generally provides an additional 3 days for notices served by ordinary mail, regardless of destination.
These policy changes apply to all petitions and applications pending on or filed on or after August 5, 2026.
While it remains to be seen how broadly USCIS will apply this guidance, the policy underscores the importance of submitting complete and well-documented filings. USCIS has reaffirmed that petitioners bear the burden of establishing eligibility at the time of filing and should no longer assume that an RFE or NOID will be issued before a denial. Where USCIS does issue an RFE, response periods may be shorter than the standard timelines that have historically been allowed.
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