On August 5, 2026, USCIS released a Policy Memo to update its internal guidance relating to evidentiary standards, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs).

Under federal regulation, USCIS always maintained the discretion to deny an application or petition when the burden of proof was not established by the initial filing. However, under previous policy, USCIS officers were instructed to first issue an RFE or NOID when an application or petition lacked required initial evidence or failed to establish eligibility. This policy gave applicants an opportunity to update their record by providing any missing or insufficient documentation.  RFE response deadlines were standardized at a general 12-week response time.

In the new policy, USCIS has doubled down on its ability to deny applications without first issuing an RFE or a NOID. This does not mean that RFEs and NOIDs will not be issued. We can still expect to see at least some being issued. But, it is important to remember that USCIS is giving its officers permission to deny without requesting anything new. Additionally, there is now greater discretion given to USCIS in terms of setting RFE response deadlines. Officers can create the response deadline as they feel appropriate, not to exceed 12 weeks.  

We can expect to see an increase in denials across the board for all applications and petitions with this policy change. While USCIS claims the new policy should shorten processing times, it is unknown if there will be any significant improvements.

We may also see applications and petitions filed without attorney assistance to be denied at a disproportionately higher rate. This is because filing on their own may submit evidence that does not meet USCIS' standards. If an RFE or NOID is not issued for the correct documentation, the application or petition would be denied right off the bat. Working with an immigration attorney is now more important than ever as they are intricately familiar with what evidence USCIS prefers and accepts.

While it is unclear how big of a change this new policy will make in adjudications, it is clear that the latest policy change is yet another attempt by the Trump Administration to limit legal immigration. 

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