The U.S. Citizenship and Immigration Services (USCIS) updated its policy regarding the evidence required in immigration benefit requests. The new guidance reinforces that applicants must demonstrate their eligibility at the time they file the request, including all initial evidence required by the applicable form instructions.
In certain situations, when an applicant fails to demonstrate eligibility or does not submit essential documents, USCIS may deny the request directly without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
The policy became effective immediately on August 5, 2026, and applies to pending requests and requests filed on or after that date, unless otherwise provided by regulation or another specific USCIS policy.
What has changed in practice
The updated guidance clarifies that applicants should not file incomplete requests expecting USCIS to automatically issue a notice allowing them to correct missing documentation.
The official instructions for each form identify the initial evidence that must accompany the filing. When that evidence is not submitted, or when the documentation does not establish eligibility for the requested benefit, the officer may deny the request without giving the applicant an additional opportunity to supplement the filing.
Whether an RFE or NOID will be issued depends on the specific facts of the case, the immigration benefit requested, the evidence submitted, the form instructions, and the applicable regulations.
Understanding the difference between an RFE, a NOID, and a direct denial
Request for Evidence — RFE
A Request for Evidence, commonly known as an RFE, is a formal request asking the applicant to submit additional documents, information, or explanations before USCIS makes a decision on the request.
An RFE does not necessarily mean that the case will be denied. It means that USCIS has determined that additional information or evidence may be necessary to evaluate the request.
Notice of Intent to Deny — NOID
A Notice of Intent to Deny, or NOID, is a notice informing the applicant that USCIS intends to deny the request. In general, the applicant is given an opportunity to respond before a final decision is issued, subject to the deadline stated in the notice.
Denial without an RFE or NOID
A direct denial occurs when the officer determines that the applicant has not established eligibility, failed to submit the required initial evidence, or does not have a sufficient legal basis for approval.
In these circumstances, USCIS may deny the request without previously issuing an RFE or NOID.
Change from the previous guidance
According to USCIS, the new guidance changes a policy adopted during the Biden administration. The previous policy encouraged officers to request additional evidence before denying certain requests, including cases that were incomplete, did not establish eligibility, or lacked initial evidence clearly identified in the form instructions.
USCIS states that the previous approach could encourage the filing of substantially incomplete or insufficiently supported requests, sometimes referred to as “placeholder” filings.
According to the agency, some applicants could use these filings in an attempt to obtain related benefits—such as employment authorization—while the principal request remained pending.
The new policy seeks to reduce this practice, preserve agency resources, and prevent meritless or incomplete requests from delaying the processing of properly prepared filings.
Which requests may be affected
The guidance may apply to different types of immigration benefits whenever the applicable form or regulation requires initial evidence to establish eligibility.
Examples include:
- Adjustment of status through Form I-485, including family-based and employment-based cases;
- Employment authorization through Form I-765, depending on the eligibility category;
- Extension or change of status, including requests involving students, workers, and qualified professionals;
- Employment-based immigration requests, including certain EB categories;
- Immigration requests that require specific initial documentation; and
- Other benefit requests in which the applicant must establish eligibility at the time of filing.
The specific application of the policy will depend on the type of request, the immigration category, and the requirements established for each benefit.
What applicants should verify before filing
Under the new guidance, a filing should be prepared as a complete eligibility package rather than as a preliminary submission intended to be supplemented later.
Before submitting a request, applicants should:
- Confirm that they are using the most recent version of the form;
- Read the complete official form instructions;
- Identify all items listed as Initial Evidence;
- Gather personal documents and evidence related to the requested benefit;
- Confirm that all documents are complete, legible, and consistent;
- Verify signatures, filing fees, and the correct method of submission;
- Obtain certified translations when required;
- Review consistency among forms, declarations, and supporting documents; and
- Confirm that the evidence clearly demonstrates eligibility for the requested category.
Applicants should also avoid filing a request solely to seek a derivative benefit, such as employment authorization, when the principal request is not yet sufficiently supported.
Special considerations for employment-based cases
In employment-based immigration cases, the documentation should clearly demonstrate that the worker, employer, and job offer—when applicable—meet the requirements of the requested category.
Depending on the case, relevant documents may include:
- Employment letters;
- Contracts and job offers;
- Evidence of professional qualifications;
- Diplomas and academic transcripts;
- Professional licenses;
- Evidence of work experience;
- Business records;
- Evidence concerning the offered position;
- Labor certification or related documentation, when required; and
- Category-specific evidence for classifications such as EB-1, EB-2, EB-3, or other employment-based categories.
In cases such as EB-1A, EB-2 NIW, or O-1, where the analysis may involve technical and discretionary criteria, isolated documents may not be sufficient. The evidence should be organized to demonstrate how the complete record satisfies the legal requirements of the requested category.
Considerations for students and workers
International students and foreign workers should also carefully review their documentation before filing requests related to a change or extension of status, employment authorization, or adjustment of status.
Inconsistencies involving immigration history, maintenance of status, periods of stay, employment, studies, or relevant dates may negatively affect the adjudication of a case.
USCIS may evaluate whether the filing demonstrates, from the outset, that the applicant meets the applicable requirements. Applicants should therefore not assume that an RFE will be issued to correct every documentary deficiency.
Pending requests may also be affected
The update states that the policy applies to pending requests and to requests filed on or after August 5, 2026, unless otherwise provided.
This means that the change is not necessarily limited to applications submitted after the publication date. Requests that were already pending on the effective date may also be reviewed under the updated guidance, depending on the rules applicable to the benefit and the circumstances of the case.
What to do after a denial
If a request is denied without an RFE or NOID, the applicant should carefully review the decision to determine:
- Which eligibility requirement USCIS found was not satisfied;
- Which documents were considered missing or insufficient;
- Whether the denial was based on a documentary, legal, or factual issue;
- Whether a motion, appeal, or new filing may be available; and
- Whether the deadline for taking administrative action is still open.
The availability of a motion or appeal depends on the type of decision, the form used, and the applicable rules. Form I-290B, for example, is not appropriate for every type of denial, and filing deadlines may vary depending on the procedure.
For this reason, a denial should be reviewed individually by a qualified professional, particularly when the case involves maintenance of status, unlawful presence, fraud, inadmissibility, employment, or a risk of referral to removal proceedings.
Conclusion
The central message of the new policy is clear: applicants must establish eligibility and submit the required initial evidence at the time of filing.
The issuance of an RFE or NOID should not be treated as a guaranteed step in the process. In certain cases, USCIS may determine that the request lacks a sufficient basis for approval and issue a direct denial.
For Brazilians who depend on adjustment of status, employment authorization, maintenance of status, or employment-based immigration, preparing a complete, consistent, and technically supported filing has become even more important.
Official sources
According to the official USCIS document, available at:
USCIS’s official guidance regarding adjustment of status and eligibility requirements is also available at:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2
Agente USA recommends that applicants avoid filing incomplete requests or submissions without the required documentation. Each case involves individual circumstances, and the analysis should consider the immigration category, the applicant’s history, applicable deadlines, available documents, and potential risks.
All information presented in this article comes from official sources and/or was researched for journalistic and informational purposes. Even when the article includes personal opinions or analysis by its authors, nothing presented here should be considered legal advice. Individuals should always consult an immigration attorney licensed in the United States regarding their specific situation.
