USCIS Can Deny Some Cases Without an RFE: What Policy Alert PA-2026-05 Says

This page also cites law firm commentary, marked below. Commentary is not official policy.

On August 5, 2026, USCIS published Policy Alert PA-2026-05. It updates the USCIS Policy Manual on evidence, Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). USCIS says it is restoring officers’ full discretion to deny a benefit request without first sending an RFE or NOID, as the regulations allow.

What USCIS says changed

• An officer may deny a request that is missing required initial evidence without sending an RFE or NOID first.
• The Policy Manual now explains the difference between initial evidence and additional evidence.
• It also covers primary and secondary evidence, and how much weight an affidavit gets when it is sent in place of other records.

USCIS says the goal is to discourage frivolous, placeholder or incomplete filings, and to make sure the person filing meets the burden of proof with a complete request.

What law firms report

Several law firm summaries add detail. They are commentary, not USCIS statements, so check the policy text for your own case.

• The policy applies to requests that are pending or filed on or after August 5, 2026.
• Twelve weeks is the longest an RFE response period can be. It is not a standard period, so an officer can set a shorter one.
• A NOID response period cannot be longer than 30 days.
• Three days are added when USCIS sends a notice by mail. The extra 14 days for notices mailed outside the United States are gone.

Why NIW and EB-1A filers are watching

Form I-140 petitions, such as an NIW or an EB-1A, are decided on the evidence you file. Law firms say that missing evidence that once led to an RFE may now lead to a denial without one. That is why many filers want the whole packet complete, labeled and in order when they file.

If you already have an RFE

1. Find the due date printed on the notice. Do not rely on a number you read online.
2. List every request the notice raises.
3. Send evidence that answers each request.
4. Send everything together. Under 8 CFR 103.2(b)(11), sending only some of the requested evidence is treated as a request for a decision on the record.
5. If you are unsure about your own case, ask an immigration attorney.

The short answer

USCIS now says officers may deny some cases without an RFE, and law firms report shorter RFE deadlines. Neither one tells you what will happen in your case. Read your notice, keep your due date, and ask an immigration attorney about your own filing.