US Tightening Green Card Rules 2026: USCIS Can Now Deny Without RFE Effective Immediately

On August 5, 2026, USCIS issued an immediate policy change granting immigration adjudicators expanded authority to deny both immigrant and nonimmigrant petitions—including EB-3 employment-based filings—without first issuing a Request for Evidence (RFE). This reversal of a decades-long practice means applicants who submit incomplete or insufficiently documented initial filings may face outright denials rather than a chance to correct deficiencies. The agency simultaneously abandoned the 'preponderance of the evidence' standard that had historically guided benefit adjudications. USCIS cited a high volume of frivolous or substantially incomplete submissions, and noted that ancillary benefits such as Employment Authorization Documents (EADs) and Advance Parole granted while cases are pending had been subject to abuse. For EB-3 petitions specifically, the stakes are high. A denial—instead of an RFE—forces employers and employees to file a Motion to Reopen or Reconsider, a process that can take many months and cost thousands of dollars in additional filing fees. This is particularly damaging for time-sensitive international transfers and could stall I-140 approvals that protect EB-3 priority dates. In a related directive issued the same day, USCIS instructed adjudicators to recommend DNA testing in family-based cases where a qualifying family relationship cannot be clearly established from submitted documents. The policy change applies to all cases currently pending as well as petitions filed on or after August 5, 2026. Practitioners strongly advise EB-3 petitioners and sponsoring employers to compile comprehensive documentation—including detailed organizational structures, financial disclosures, and all supporting evidence—before submitting any petition. The public comment period for these new policies closes on September 7, 2026.