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USCIS directs adjudicators to deny more applications without issuing a Request for Evidence

  1. Original Date Announced

    July 13, 2018

    USCIS 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)
  2. Effective Date

    September 11, 2018
  3.  
  4. Biden Administration Action: Revoked/Replaced

    June 9, 2021

    USCIS 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 As part of this action, USCIS rescinded the June 2018 memorandum.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 Document

Current Status

Not in effect
June 9, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

  • 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.

    Go to article

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