The Long History of USCIS RFE/NOID Policy Swings

USCIS has gone back and forth on RFE and NOID policies for more than a decade. The August 5, 2026 update gives officers broader discretion to deny incomplete or deficient filings without first issuing an RFE or NOID.

But there is no need to panic. This does not mean every EB-1A, NIW, or O-1 petition will suddenly be denied without warning. Continue with your plans as usual, but make sure the petition is complete and well prepared when filed.

08/05/2026 Policy Alert# PA-2026-05

Generally, if a benefit requestor fails to demonstrate eligibility for a benefit or fails to provide all required initial evidence when filing an application, USCIS may deny their immigration benefit request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). 

06/09/2021 Policy Alert# PA-2021-11

USCIS is returning to the principles of the 2013 policy by issuing RFEs and NOIDs when additional evidence could demonstrate eligibility for an immigration benefit.

This policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions and will help protect both benefit requestors and the agency from expending additional resources unnecessarily.

07/13/2018 Policy Memo# PM‑602‑0163

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna.

06/03/2013 Policy Memo# PM-602-0085

USCIS memorandum had revised Chapter 10.5(a)(2) of the AFM to read: “RFEs should, if possible, be avoided.”

USCIS has the discretion to issue RFEs and NOIDs in appropriate circumstances. USCIS also has the discretion in some instances to issue a denial without first issuing an RFE or a NOID.

07/07/2011 Policy Memo# PM-602-0040

USCIS officers may reduce the response time from the standard timeframes only after obtaining supervisory concurrence. This discretion should be used on a case-by-case basis when warranted by circumstances as determined by the adjudicator and the supervisor.

The maximum response time for an RFE may not exceed 12 weeks (84 days).