- USCIS has restored officers' discretion to deny immigration benefit requests if applicants file incomplete applications or do not submit the documents needed to prove eligibility.
- The new policy has come into effect immediately and applies to both pending applications and new filings.
- Earlier, applicants were given 12 weeks to respond to requests for further evidence made by immigration officers on applications for change or extension of immigration status, green cards, visas or naturalisation.
- An additional 14 days was also added to the response deadline when a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) was mailed outside the United States.
- Officers may deny a benefit request for lack of required initial evidence, deny requests that fail to establish eligibility at filing, or issue an RFE if they determine it is appropriate.
- The revised policy gives USCIS officers wider discretion to reject incomplete or ineligible applications at the outset, replacing the earlier approach that allowed applicants more time to submit additional material.
- The USCIS also noted concerns that some applicants used incomplete filings to obtain ancillary immigration benefits, including employment authorisation, while waiting for a decision on the underlying case.
The USCIS has empowered immigration officers to deny benefit requests without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if applicants fail to submit complete applications or required documents.
This revised policy, effective immediately, applies to both pending and new filings, marking a significant shift from the previous guidance that allowed applicants 12 weeks to respond to additional evidence requests.
The earlier policy also provided an additional 14 days for responses when an RFE or NOID was mailed outside the United States.4
The USCIS stated, "The burden is on the requestor to establish that he or she is eligible for the requested benefit at the time of filing the benefit request and that he or she continues to be eligible through adjudication."
Under the new guidance, officers may deny requests lacking required initial evidence or that fail to establish eligibility at the time of filing.
The agency expressed concerns that some applicants were using incomplete filings to gain ancillary immigration benefits, such as employment authorization, while awaiting decisions on their primary cases.
This policy change gives USCIS officers broader discretion to reject incomplete or ineligible applications from the outset, replacing the previous approach that allowed more time for applicants to submit additional materials.
“The new guidance replaces the previous 12-week response window for requests for evidence, which also included an extra 14 days for mailings outside the US. USCIS cited concerns that some applicants used incomplete filings to obtain ancillary benefits like employment authorization while awaiting adjudication.”
