On August 5, 2026, USCIS published updated Policy Manual guidance regarding Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). While many social media posts describe this as the end of RFEs, the policy itself says something more nuanced.
The update reinforces that applicants should submit a complete petition from the beginning and should not expect an RFE as a second opportunity to establish eligibility.
What the Policy Says
1. Eligibility Must Be Established at Filing
The guidance reiterates that an applicant or petitioner must establish eligibility at the time of filing and submit all required initial evidence.
This means the burden remains on the applicant to demonstrate eligibility through the initial filing rather than relying on later requests from USCIS.
2. RFEs and NOIDs Are Discretionary
One of the most important points in the guidance is that USCIS officers are not required to issue an RFE or NOID before denying a case.
If the initial filing:
does not establish eligibility,
lacks required initial evidence, or
otherwise fails to meet filing requirements,
the officer may deny the petition without first issuing an RFE or NOID.
This does not eliminate RFEs. Instead, it reinforces that issuing an RFE or NOID is a matter of officer discretion.
3. RFEs Have Not Been Eliminated
The memo does not state that USCIS will stop issuing RFEs.
Officers may still issue:
RFEs when additional evidence could resolve deficiencies.
NOIDs when appropriate before issuing a denial.
The key change is that applicants should not assume they will receive one.
What About Previously Filed Cases?
One question many applicants have is whether this policy affects petitions that were already filed.
The answer is the memo does not expressly say.
The policy update:
states that it is effective immediately, but
does not include any grandfathering or transition language explaining how previously filed or pending cases should be handled.
Because the memo is silent, it is generally assumed that USCIS will apply the updated Policy Manual to cases adjudicated after the effective date, including pending cases. However, this is based on USCIS’s general practice of applying current policy guidance during adjudication, not on an explicit statement in the memo.
What Happens If You Already Received an RFE?
Nothing changes.
If USCIS has already issued an RFE:
your RFE remains valid,
you may submit your response by the deadline, and
USCIS will review that response before making a final decision.
The new guidance does not invalidate previously issued RFEs.
Practical Takeaway
The biggest takeaway from this policy update is simple:
Do not prepare your petition expecting an RFE.
Instead:
submit all required initial evidence,
establish eligibility in the initial filing,
organize evidence carefully, and
work with your attorney to ensure the petition is complete before submission.
A complete initial filing has always been the strongest strategy. This policy reinforces that expectation.
