Trump Cracks Down on Legal Immigration: USCIS Shortens RFE Response Times for Green Card Cases

Effective August 5, 2026, USCIS enacted a policy change that shortens the response window for Requests for Evidence (RFEs) issued in EB-1A Extraordinary Ability and EB-2 National Interest Waiver cases. This change reflects the current administration's broader approach to tightening procedural timelines across employment-based immigration categories. Under previous practice, RFE recipients were typically given 87 days to compile and submit supporting evidence. The new policy reduces this window, meaning petitioners and their attorneys must act more quickly when USCIS requests additional documentation. For complex cases like EB-1A and NIW petitions — which often require extensive expert letters, publications, and evidence of national impact — this compressed timeline poses a significant logistical challenge. While this policy specifically targets EB-1A and EB-2 NIW petitions, EB-3 applicants and their sponsors should take note: policy shifts in one employment-based category often signal broader procedural tightening across all preference categories. Practitioners are already advising clients to front-load petitions with comprehensive initial evidence to reduce the likelihood of receiving an RFE in the first place. Immigration attorneys recommend that applicants currently awaiting USCIS decisions or who have recently received RFEs consult with legal counsel immediately to assess their timelines. Failure to respond within the new shortened window can result in petition denial without further consideration.