United States Citizenship and Immigration Services (USCIS) Expands Adjudicators' Discretion to Deny Filings Without a Request for Evidence

On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) published new policy guidance clarifying that USCIS adjudicators may, in their discretion, deny an application or petition without first issuing a Request for Evidence (RFE) or Notice to Intent to Deny (NOID) when the initial filing does not include required evidence or does not establish eligibility for the immigration benefit requested.

The guidance also clarifies that USCIS may determine the appropriate response period for an RFE based on the circumstances of the case. The maximum response period for an RFE remains 12 weeks (84 days).

The policy is effective immediately and applies to benefit requests that were pending on August 5, 2026, as well as requests filed on or after August 5, 2026. 

What does this mean for Drexel’s students, scholars, and employees applying for USCIS benefits? 

This guidance does not change the eligibility requirements for immigration benefits. However, it changes how USCIS may handle cases in which an applicant or petitioner has not established eligibility or has failed to submit required initial evidence. It is therefore especially important to ensure that all required initial documentation and evidence are included with an application or petition at the time of filing. If evidence required to establish initial eligibility for the requested benefit is missing, USCIS may deny the application or petition without first issuing an RFE or NOIS and providing an opportunity to submit the missing evidence. 

Applicants and petitioners should carefully review the applicable USCIS form instructions and filing requirements and ensure that their submissions are complete before filing. For any questions, please reach out to ISSS at isss@drexel.edu

For more information, please consult the USCIS and Fragomen websites.