USCIS makes significant change to RFE policy - Garfinkel Immigration Law Firm

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance governing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). The updated guidance took effect Aug. 5, 2026, and applies to benefit requests that were pending on that date or filed afterward.

One of the most significant points in the updated guidance is that USCIS officers are empowered to issue more denials without first issuing an RFE or NOID. Also troubling is USCIS’ new stance that it is not required to provide the maximum 12-week response period for an RFE authorized by the regulations.

Officers may issue shorter deadlines based on the circumstances of the case and evidence requested. We are already seeing USCIS exercise this discretion in practice. USCIS is currently issuing RFEs with response deadlines significantly shorter than the 12-week maximum, including many that provide only 30 days to respond.

What employers and foreign nationals should expect:

Be prepared to respond promptly to immigration counsel. Requested documents and information may need to be provided on short notice, and counsel may need to set tight internal deadlines to allow sufficient time to review the evidence, prepare the response and account for mailing and delivery.
Plan for expedited costs. Shorter deadlines may require expedited educational evaluations, translations, expert opinion letters, and other supporting documentation.
Ensure USCIS correspondence is forwarded promptly, particularly when notices are received directly by a foreign national.
Keep relevant stakeholders informed. HR teams, managers and foreign nationals should be aware that they may need to provide information or documentation quickly if an RFE or NOID is issued.

The attorneys at Garfinkel Immigration Law Firm continue to monitor implementation of the updated policy and its impact on immigration filings and adjudications. Clients who receive an RFE or NOID should contact their immigration counsel as soon as possible to ensure sufficient time to prepare and submit a complete response.