Update: On August 5, 2026, the USCIS updated its policy guidance to restore USCIS officers’ discretion to deny immigrant and nonimmigrant filings without first issuing RFEs or NOIDs.
This policy guidance is not law, but it expands the discretion of USCIS officers to deny immigrant and nonimmigrant cases without notifying the petitioner or beneficiary in advance. Before this policy memo, when an application did not meet the applicable legal standards, Officers were instructed to give notice to petitioners or beneficiaries with either a request for evidence (“RFE”) or a notice of intent to deny (“NOID”). These notices gave individuals and legal practitioners a chance to provide additional evidence and information not included in the initial petition to meet certain legal requirements.
Furthermore, USCIS is now updating its guidance to 1) allow officers to issue an RFE with a response deadline less than the maximum 12-week response period and 2) reduce the additional 14-day response period for RFEs and NOIDs mailed outside the U.S. to 3 days. Before this guidance, officers were required to provide the maximum 12-week response period for RFEs.
Moving forward, all immigrant and nonimmigrant petitions filed with USCIS should be treated as the only and final filing. Reach out to Murray Osorio for help preparing and filing your immigration petition or application accurately and reduce the risk of a denial.