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Original Date Announced
July 13, 2018USCIS adjudicators are authorized to deny a family-based or employment-based application or petition without issuing a request for evidence (RFE) or notice of intent to deny (NOID), if the original submission lacks sufficient evidence to establish eligibility for the benefit. [ID #731]
USCIS Policy Memo 602-0163: Issuance of Certain RFEs and NOIDs: Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b)Effective Date
September 11, 2018Biden Administration Action: Revoked/Replaced
June 9, 2021USCIS Updates Policies to Improve Immigration Services
The Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On June 9, 2021, USCIS issued new policy updates in the USCIS Policy Manual which returned to the June 2013 adjudicative principles that instructed agency officers to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. As part of this action, USCIS rescinded the June 2018 memorandum.
View DocumentCurrent Status
Not in effectMost Recent Action
June 9, 2021 Action: Revoked/Replaced USCIS Updates Policies to Improve Immigration ServicesJune 9, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-Based Non-Immigrant Visas: Family-Based Immigrant Visas: Family-Based Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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June 3, 2013
On June 3, 2013, USCIS issued a policy memo titled “Requests for Evidence and Notices of Intent to Deny,” which stated that an adjudicator should issue an RFE unless there was “no possibility” that the deficiency could be cured by submission of additional evidence. The effect of the “no possibility” policy was that only statutory denials (such as a denial where a nonexistent benefit is requested) would be issued without an RFE or a NOID.
USCIS Policy Memo 602-0085: Requests for Evidence and Notices of Intent to Deny
Commentary
Business Roundtable letter regarding immigration policy changes
Letter to DHS Secretary Nielson from Business Roundtable objecting to policy changes sowing concern and uncertainty among employees. Response from USCIS Director Cissna attached.
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