New USCIS Policy on RFE, RFIE and Notice of Intent to Deny
USCIS just issued a new policy on when and if officers need to issue a Request for Evidence, Request for Initial Evidence, or Notice of Intent to Deny before denying an application. In relevant part, the policy memo states:
USCIS has restored officers’ full discretion to deny a benefit request without first issuing an RFE or NOID in various situations. With this updated policy, USCIS can better allocate resources to efficiently make decisions and prevent meritless requests.
Reading carefully, a couple things become clear:
1) USCIS already told officers they had discretion to deny benefits without issues such things as RFEs or NOIDs, so that is not new.
2) The new policy seems to be more aimed at INITIAL evidence that is missing. For example, a US Citizen marries a foreigner and files an I-130 application without a marriage certificate - that usually would have resulted in an RFE, now it could just result in a denial and having to refile the application.
3) For the most part, the effect on cases such as National Interest Waivers and Extraordinary Ability is unknown at this time. But reading the language my best guess would be that this new policy will not affect the issuing of RFEs in those cases as much. It will still affect if initial evidence is missing - so you do not give a proposed endeavor at all in an NIW case, or fail to provide proof of a Master's Degree in an NIW case. However, if the issue is over the SUFFICIENCY of the evidence, then they would still (in my opinion and in my reading of the memo) issue an RFE or NOID.
It makes it that much more urgent to ensure that you include ALL required initial evidence up front - whether it is sufficient or not, so that a denial is not issued instead of an RFE.
Lastly, please keep in mind that the new policy ONLY applies to cases filed after August 5, 2026. We are available to answer any questions.
