USCIS officers can now deny a benefit request that is missing required initial evidence without first sending a Request for Evidence (RFE)A USCIS notice asking for additional documents or information before a decision can be made on an application or petition.See it in the glossary (RFE) or a Notice of Intent to Deny (NOID)A written USCIS notice saying the agency intends to deny a petition or application, explaining why, and giving the filer a chance to respond. Under 8 CFR 103.2(b)(8), the response time cannot exceed 30 days. Since a policy update on August 5, 2026, USCIS officers may in some cases deny a case without first issuing a NOID or a Request for Evidence.See it in the glossary (NOID). The change took effect August 5, 2026, in a policy manual update.
What the USCIS RFE policy change says
Under the update, known as Policy Alert PA-2026-05, officers may deny a request for lack of initial evidence or for ineligibility, or they may still issue an RFE for the missing evidence. The choice is left to the officer’s discretion. Earlier guidance generally encouraged officers to send an RFE or NOID first, according to a Jackson Lewis summary.
Other changes in the alert
Evidence submitted in response to an RFE or NOID counts as a request for a decision, even if it only partly answers the notice. The alert also removes the extra 14 days that earlier policy allowed for notices mailed outside the United States. Regulations allow only three additional days for notices served by mail, regardless of location.
The regulatory maximums are unchanged at 12 weeks for an RFE and 30 days for a NOID, but officers may set shorter deadlines, according to the same summary. AILA reported that USCIS invited feedback on the update through September 7, 2026.
What an RFE is
An RFE is a notice from USCIS asking for more documents or information before it decides a case. For a plain-language overview, see our FAQ on what an RFE is and our glossary entry for request for evidence. For another recent USCIS policy dispute, see our report on a lawsuit over green card policies.