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2.0

USCIS updates policy regarding evidentiary standards, requests for evidence, and notices of intent to deny

  1. Original Date Announced

    August 5, 2026

    U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert (PA) 2026-05, "Evidence, Requests for Evidence, and Notices of Intent to Deny," to update policy guidance in the USCIS Policy Manual regarding evidentiary standards, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs).

    Under the previous policy, USCIS officers were instructed to issue an RFE or NOID when a benefit requestor failed to submit initial evidence, or when the record failed to establish eligibility for the benefit sought. The new policy allows officers full discretion to deny benefit requests without first issuing an RFE or NOID. It also instructs officers that the maximum response period for an RFE cannot exceed 12 weeks, and that the agency will no longer allow an additional 14-day response period for notices mailed outside the United States. USCIS claims that the new policy will increase efficiency and discourage frivolous benefits requests.

    The guidance is effective immediately and applies to benefit requests pending or filed on or after the publication date.

    Trump 2.0 [ID #2368]

    2026.08.05 USCIS PA-2026-05 - Evidence, Requests for Evidence, and Notices of Intent to Deny 2026.08.18 USCIS Policy Manual - Vol. 1, Pt. E, Ch. 6 2026.08.18 USCIS Policy Manual - Vol. 1, Pt. E, Ch. 9 2026.08.18 USCIS Policy Manual - Vol. 1, Pt. E, Ch. 10

  2. Effective Date

    August 5, 2026

Current Status

None

Original Trump Policy Status

Subject Matter: Immigrant Visas Non-Immigrant Visas
Agencies Affected: USCIS

Documents

Trump-Era Policy Documents

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