Effective August 5, 2026, USCIS gives officers discretion to deny an immigration benefit request without first issuing a Request for Evidence or Notice of Intent to Deny when required initial evidence is missing or eligibility is not established at filing. The policy applies to applications pending or filed on or after August 5, 2026, and shortens some RFE response windows.
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USCIS can deny visa filings without an RFE for missing evidence from Aug 5, 2026
Why this matters for founders
Founders and their counsel must file complete, fully-documented petitions the first time, since USCIS can now deny outright rather than requesting missing evidence.
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