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

  1. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Sept. 11, 2018
  3. Biden Administration Action

    June 9, 2021

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 As part of this action, USCIS rescinded the June 2018 memorandum.

    USCIS Updates Policies to Improve Immigration Services
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior Policies

  • 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

Biden Administration Action

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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