USCIS Can Now Deny Cases Without First Issuing an RFE
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USCIS has updated its policy regarding Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). The updated policy took effect on August 5, 2026.
What changed
Under the new policy, USCIS officers have discretion to deny an application or petition without first issuing an RFE or NOID if the required initial evidence was not submitted, or if the applicant or petitioner has not established eligibility at the time of filing.
This does not mean that USCIS will stop issuing RFEs or NOIDs. Officers can still issue them when appropriate. What has changed is the expectation: applicants should no longer assume they will have an opportunity to provide missing evidence after filing.
RFE response periods
The policy also changes RFE response periods. The maximum response period remains 12 weeks, but officers can provide a shorter deadline depending on the case.
Which cases are affected
The updated policy applies to cases that were pending with USCIS on August 5, 2026, as well as cases filed on or after that date.
What this means in practice
Filing complete on the first attempt is now the entire strategy. In practice that means submitting all required initial evidence with the petition rather than holding documents back, updating your address if it changes, and keeping copies of everything you send.
If a denial is issued without an RFE or NOID, you may still be able to respond by filing Form I-290B (Motion to Reopen) and gathering supporting affidavits or other evidence showing that you did not receive a prior notice, or that the deficiency could have been cured.
The second chance that an RFE used to provide is now discretionary. Plan on having one filing, and make it complete.
Source: USCIS Policy Manual