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Change in USCIS Adjudication Policy

August 12, 2026

On August 5th, 2026, USCIS announced a new policy intended to reduce frivolous immigration benefits requests. Under this new policy, USCIS adjudicators can now deny a petition or application without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if all required evidence is not included or if a benefit requestor fails to demonstrate eligibility for a benefit. This is a change from the previous policy, which encouraged USCIS adjudicators to give filers an opportunity to address deficiencies in their applications by first issuing an RFE or NOID before denying a case.

Therefore, it will be even more important to ensure that all evidence required to demonstrate eligibility is included with any immigration benefit application. For an overview of required evidence, be sure to refer to the official USCIS form instructions for your application.