On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a policy update (USCIS to Reduce Frivolous Immigration Benefits Requests by Reinforcing Evidence Standards | USCIS) emphasizing that applicants and petitioners must establish eligibility for an immigration benefit at the time of filing. USCIS also confirmed that officers may deny applications and petitions without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when the filing lacks required initial evidence or otherwise fails to demonstrate eligibility. The policy is effective immediately and applies to requests pending or filed on or after August 5, 2026, unless otherwise specified by regulation or USCIS policy.  

What Does the New Policy Provide? 

USCIS has rescinded prior guidance that generally directed adjudicators to issue an RFE when initial required evidence was missing but the record did not establish ineligibility. According to USCIS, the updated policy provide officers greater discretion to deny filings outright when applicants: 

• Fail to submit required initial evidence; 
• Submit incomplete applications or petitions; or 
• Do not establish eligibility for the benefit sought at the time of filing.  

USCIS stated that the change is intended to better align agency practice with existing regulations, discourage meritless or insufficiently supported filings, and improve adjudication efficiency.  

Why This Matters 

Historically, many applicants and petitioners relied on the possibility of receiving an RFE to address evidentiary gaps after filing. Under this updated policy, there is a greater risk that USCIS may deny a case without providing an opportunity to supplement the record.  

While USCIS asserts that form instructions identify all required initial evidence, the distinction between evidence required for filing and evidence sufficient to establish eligibility is not always clear in practice. As a result, even cases that include all listed initial evidence could face denial if the adjudicator determines that the overall submission does not adequately support eligibility.  

Potential Impact on Foreign Nationals 

The policy underscores the importance of submitting a complete, well-documented filing package from the outset rather than anticipating an opportunity to provide additional evidence later. 

Given USCIS’s renewed authority to deny cases without issuing an RFE or NOID, employers and foreign nationals should: 

• Ensure all required initial evidence is included at filing; 
• Carefully review eligibility requirements before submission; 
• Provide robust supporting documentation that clearly establishes eligibility; and 
• Allow sufficient preparation time to develop a strong evidentiary record. 

A proactive approach at the filing stage will be critical to minimizing adjudication risks under this updated policy. 

Key Takeaway 

USCIS has made clear that applicants and petitioners bear the burden of establishing eligibility at the time of filing and should submit a complete and persuasive case when filing. Although officers retain discretion to issue RFEs where appropriate, stakeholders should no longer assume they will have an opportunity to cure deficiencies later in the process. Preparing the strongest possible filing at the outset is now more important than ever. 

Foster LLP will continue to closely track the implementation of this guidance and provide clients with timely updates, practical recommendations, and strategic insights through our Immigration Updates©, articles, and blogs at www.fosterglobal.com.