Updated USCIS policy guidance authorizes discretionary denials

USCIS updates RFE and NOID policies, allowing officers to deny certain filings without first requesting additional evidence.

On 5 August 2026, US Citizenship and Immigration Services (USCIS) issued a Policy Alert revising evidentiary standards and procedures relating to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). The policy emphasizes that applicants and petitioners bear the burden of establishing eligibility for an immigration benefit at the time of filing and while the case pends with USCIS. Consistent with the updated guidance, USCIS officers may, at their discretion, deny certain benefit requests without first issuing an RFE or NOID when required initial evidence is not submitted or the filing otherwise fails to establish eligibility.

The policy also updates response periods for RFEs and NOIDs, mailing deadlines, and circumstances under which USCIS may consider partial responses to RFEs and NOIDs to be a request for a decision based on the record. The policy is effective immediately and applies to benefit requests pending with USCIS or filed on or after 5 August 2026.

Summary

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The information shared through EY Law LLP Immigration Alerts is for information purposes only. It is not, and should not be taken as, legal advice.