USCIS Updates Guidelines on Application Denials Without RFEs

U.S. Citizenship and Immigration Services (USCIS) has enacted new guidelines that allow officials to decline certain applications, including those for green cards, without providing applicants the chance to submit missing evidence first. This policy, effective from August 5, reinstates officers’ discretion to deny immigration benefit requests when applicants omit required initial evidence or fail to meet eligibility criteria upon submission. USCIS states this change brings the agency’s procedures in line with existing federal regulations, applicable to both pending and new benefit requests.

Impact on Immigration Applications

USCIS Spokesman Zach Kahler highlighted, “U.S. Citizenship and Immigration Services has restored immigration officers’ authority, which was already established under regulation, to immediately deny immigration benefit requests that fail to follow instructions or show eligibility at filing.” The guidance affects a range of immigration benefits, such as green cards, work permits, and citizenship applications. While officers can still issue Requests for Evidence (RFEs) or Notices of Intent to Deny, they no longer generally need to do so before denying applications lacking required documentation or evidence of eligibility.

An RFE is a formal notice asking applicants to provide more documents or clarification before a decision. Traditionally, it allowed applicants to correct omissions rather than refiling applications. Stephanie Lewin, a partner at Waypoint Immigration USA, noted that the change might have “an enormous impact” on applicants because it applies to both new and pending cases. “If the correct evidence was not submitted two years ago, and the application is adjudicated after August 5, the application could be denied outright,” she stated, resulting in a significant loss of time and money.

Historical Context and Future Implications

This guidance marks a recent shift in USCIS adjudication policy. In 2018, under President Donald Trump, the agency expanded officers’ authority to deny applications without first issuing an RFE. The Biden administration reversed this in 2021, generally advising officers to issue an RFE or Notice of Intent to Deny before rejecting a case. USCIS said the change aligns its practice with long-standing federal regulations, aiming to reduce “frivolous,” incomplete, and “placeholder” filings, which can delay processing for other applicants.

Some applicants have used incomplete filings to gain related immigration benefits, including employment authorization, while awaiting decisions on their core cases. The policy also introduces other changes. Officers are not obliged to offer the maximum 12-week response period for RFEs, though the regulatory limit remains. USCIS has stopped providing an additional 14-day response time for notices sent overseas, leaving only the standard three-day mailing allowance. Additionally, should applicants submit evidence in response to an RFE or denial notice, even if incomplete, USCIS might consider the submission a request for a decision based on the existing record.

Concerns from Legal Experts

Immigration attorneys noted the change could be significant for applicants who accidentally omit required documents. Xiao Wang, an immigration lawyer, stated on LinkedIn that applicants for green cards, work permits, and citizenship now face a higher risk of denial if initial evidence is missing. “The old policy gave you a second chance to fix a gap. That second chance is now at the officer’s discretion,” Wang wrote.

Lewin pointed out family-based applicants and others filing without legal representation might be particularly vulnerable, especially when necessary forms are submitted without all supporting evidence. Examples include marriage-based green card petitions without proof of a valid marriage or affidavits of support lacking financial documentation. She also warned that the policy might influence individuals attempting to maintain lawful status after job losses, particularly those who filed applications to change immigration status and expected to submit additional evidence later. “This is truly a precarious time for those who have done everything legally and lawfully to remain in status,” Lewin said. “One missing document might completely upend their immigration journey in the U.S.”

The policy applies immediately to benefit requests pending as of August 5, 2026, as well as new applications filed after that date.

Contact Newsweek editors on this story: Tobias Meyjes and Dave Siminoff.