NewsFlash! USCIS Revises Initial Evidence Requirements and RFE/NOID Guidance

On August 5, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert revising its guidance regarding the evidence required with initial benefit requests and the circumstances under which officers may issue, or decline to issue, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). The new guidance is effective immediately and applies to immigration benefit requests pending or filed on or after August 5, 2026, unless a regulation or other USCIS policy provides otherwise.

USCIS announced the change in USCIS to Reduce Frivolous Immigration Benefits Requests by Reinforcing Evidence Standards The agency’s Policy Alert PA-2026-05, Evidence, Requests for Evidence, and Notices of Intent to Deny updates Volume 1, Part E of the USCIS Policy Manual.

Incomplete Filings May Be Denied Without an RFE or NOID

Applicants and petitioners bear the burden of establishing eligibility when the benefit request is filed and throughout adjudication. Each filing generally must include all initial evidence required by the applicable statute, regulations, form instructions, and other USCIS instructions.

Under the revised guidance, USCIS may deny a benefit request without first issuing an RFE or NOID required initial evidence is missing or the evidence submitted does establish eligibility for the requested benefit. Although officers retain discretion to issue an RFE in appropriate cases, applicants and petitioners should no longer assume they will have an opportunity to supplement the record.

The revised guidance also instructs officers to deny a benefit request without issuing an RFE or NOID when the request lacks a legal basis for approval and additional evidence could not cure the deficiency. Accordingly, applicants and petitioners should ensure that filings are complete and supported by all available required evidence at the time of submission.

USCIS Revises RFE and NOID Response Practices

The revised guidance does not change the maximum response periods for RFEs or NOIDs. The maximum response period for an RFE remains 12 weeks (84 days), while the maximum request period for a NOID remains 30 days. However, USCIS officers retain discretion to set shorter response deadlines for RFEs based on the evidence requested and the efficient operation of the immigration system.

USCIS generally continues to provide an additional three days for responses to notices served by ordinary mail. However, the revise guidance eliminates the prior practice of providing an additional 14 days when an RFE, NOID, notice of intent to revoke, or similar notice was mailed to a person outside the United States or issued by an international USCIS office.

The revised guidance also clarifies that submitting a partial response to an RFE or NOID will generally be treated as a request for USCIS to decide the case based on the existing record. In addition, USCIS will generally not grant requests for additional time after the response deadline has passed.

Primary Evidence, Secondary Evidence, and Affidavits

The revised guidance clarifies that required initial evidence generally should be submitted as primary evidence when available. If primary evidence does not exist or cannot be obtained, the applicant or petitioner generally must document its unavailability and provide qualifying secondary evidence. Affidavits may be used when primary and secondary evidence are unavailable.

What Applicants, Petitioners, and Employers Should Do

The revised policy makes front-end preparation especially important. Before filing, applicants, petitioners, and employers should carefully review the current form edition, form instructions, filing checklist, regulations, and classification-specific USCIS guidance. Filings should include all required initial evidence and affirmatively establish eligibility for the requested benefit under the applicable standard of proof.

Where a required primary document is unavailable, the filing should explain and document that unavailability and include the appropriate secondary evidence or affidavits, as applicable. Parties responding to an RFE or NOID should also treat the stated deadline as controlling and submit a complete response, rather than relying on the possibility of an extension or a later opportunity to supplement the record.

Conclusion

The August 5, 2026, policy revises USCIS guidance regarding initial evidence requirements and expands the circumstances in which officers may deny certain immigration benefit requests without first issuing an RFE or NOID. Although officers retain discretion to request additional evidence when appropriate, applicants and petitioners should not rely on the RFE process to cure deficiencies after filing. Careful preparation and submission of complete, well-documented filings are more important than ever.

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