A USCIS policy alert effective August 5, 2026 restores officers' discretion to deny an immigration benefit request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny when the filed evidence fails to establish eligibility. It applies to cases pending on or filed after that date, and RFE response windows are no longer fixed at 12 weeks (12 weeks is now a maximum).
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USCIS can now deny visa filings without an RFE, effective Aug 5, 2026
Why this matters for founders
For H-1B, O-1, or green-card filings, submit complete, fully documented petitions up front — a thin initial filing can now be rejected outright with no second chance to cure it.
Source: Boundless
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