US Tightens Rules for Visa, Green Card Applications
According to a USCIS press release, applicants must establish their eligibility for an immigration benefit at the time of filing
Washington, DC: The United States has tightened its immigration benefit processing rules, allowing US Citizenship and Immigration Services (USCIS) officers to deny incomplete or insufficiently documented applications for visas, green cards and other immigration benefits without first seeking additional evidence.
According to a USCIS press release, applicants must establish their eligibility for an immigration benefit at the time of filing. If they fail to demonstrate eligibility or do not submit all the required initial evidence, USCIS may deny the application without issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
The agency said its application forms and instructions clearly specify the evidence required for each immigration benefit, enabling applicants to submit complete requests at the time of filing.
USCIS said the policy aligns with the long-standing regulatory authority of the Department of Homeland Security (DHS), strengthens the integrity of the immigration system and makes it more difficult to file frivolous benefit requests.
The updated guidance reverses a policy introduced during the Biden administration, under which immigration officers were encouraged to issue RFEs before denying applications, even when they were incomplete or lacked required evidence.
According to USCIS, the earlier policy allowed incomplete or substantially deficient applications to delay the processing of other pending cases. It also enabled some applicants to file "placeholder" applications to obtain associated immigration benefits, such as employment authorisation, while awaiting a decision.
The agency said it has restored officers' discretion to deny immigration benefit requests without first issuing an RFE or NOID in appropriate cases.
USCIS added that the revised policy would improve resource allocation, speed up decision-making and discourage the filing of meritless requests.
The new policy took effect immediately and applies to immigration benefit requests pending or filed on or after August 5, 2026, unless otherwise provided under existing regulations or USCIS policy.