USCIS Updates Evidence and RFE Policy Guidance

USCIS updated its Policy Manual to clarify evidentiary standards, restore officers’ discretion to deny incomplete benefit requests without first issuing an RFE or NOID, and revise response timelines.

USCIS Revises Policy Manual on Evidence and Adjudications

On Aug. 5, 2026, U.S. Citizenship and Immigration Services (USCIS) announced updates to its Policy Manual addressing evidentiary standards, Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). The guidance took effect immediately and applies to pending and newly filed benefit requests.

What Is Changing?

USCIS updated its guidance to clarify:

• The distinction between initial and additional evidence;
• The difference between primary and secondary evidence;
• The evidentiary weight of affidavits submitted in place of primary or secondary evidence; and
• How USCIS evaluates responses to RFEs and NOIDs.

The updated guidance also restores officers’ discretion to deny benefit requests without first issuing an RFE or NOID when required initial evidence is missing. USCIS noted that existing regulations already permit this discretion.

Emphasis on Complete Filings

According to USCIS, prior policy encouraged RFEs and NOIDs in cases involving missing initial evidence, which the agency says contributed to frivolous, placeholder and incomplete filings and increased processing times.

USCIS stated that the revised guidance is intended to encourage applicants to submit complete benefit requests and establish eligibility at the time of filing.

Changes to RFE and NOID Response Periods

USCIS also updated its guidance on response deadlines.

Regulations establish maximum response periods of:

• 12 weeks for RFEs
• 30 days for NOIDs

The agency clarified that officers are not required to provide the maximum response period in every case. USCIS also eliminated its previous practice of providing an additional 14 days for notices mailed outside the United States and will instead follow the mailing periods authorized by regulation.

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