USCIS 2026 Instant Denial Alert: No RFE Policy One Month In — What EB-3 Applicants Must Know

One month after USCIS began exercising its authority to deny petitions outright without issuing a Request for Evidence (RFE), immigration attorneys at Reddy Neumann Brown are reporting real-world impacts on employment-based applicants. Under prior practice, USCIS would typically issue an RFE when a petition lacked sufficient evidence, giving applicants an opportunity to respond before a formal denial. The shift away from this practice removes that safety net. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this policy change demands a higher standard of initial filing. Petitions for I-140 immigrant visas and associated adjustment of status applications must now be submitted with comprehensive, well-organized supporting documentation from the outset. Any gap that might previously have been remedied through an RFE response could now result in a direct denial. The attorneys highlight that the change that matters most is not simply the absence of an RFE, but the downstream consequences: a denial restarts the process, can affect priority dates in some circumstances, and may trigger bars on refiling depending on the basis of denial. For applicants in retrogressed categories already waiting years for visa availability, a denial is a devastating setback. Practitioners advise EB-3 petitioners and their employers to work closely with experienced immigration counsel to conduct thorough pre-filing audits of all supporting evidence. Labor certifications (PERM), job descriptions, employer financial documentation, and beneficiary qualifications should all be meticulously reviewed before submission. This policy direction aligns with the broader 2026 enforcement posture under the current administration, which has emphasized stricter adjudication standards across immigration benefit categories. EB-3 stakeholders should treat every filing as if an RFE will not be forthcoming.