USCIS 2026 Policy Alert: Green Card & EB-3 Denials Now Issued Without RFE

On August 5, 2026, USCIS issued a Policy Alert restoring adjudicators' full discretion to deny immigration benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The change is effective immediately and applies to all pending and newly filed cases. Under prior guidance, officers were instructed to generally issue an RFE or NOID before denial, giving petitioners and applicants a chance to submit additional evidence and correct deficiencies. The policy shift has significant implications for EB-3 employer-sponsored cases. Any petition filed without complete initial evidence now faces the risk of outright denial with no opportunity to respond. This removes the safety net that many attorneys and HR teams relied upon to cure minor evidentiary gaps after filing. The regulatory basis for the change is 8 CFR § 103.2(b)(8)(ii), which has always granted USCIS this discretion—the new alert simply removes prior guidance that softened its application. The policy also introduces stricter standards for affidavit evidence. Affidavits are now classified as 'tertiary evidence,' below both primary and secondary evidence in weight. Officers are directed to scrutinize affidavits for credibility, internal consistency, and the affiant's basis of knowledge. Vague or conclusory affidavits may be given little to no evidentiary weight, which could affect cases relying on declarations to establish eligibility. Additionally, the standard 12-week response window for RFEs has been eliminated. Adjudicators may now set shorter, case-by-case deadlines. The 14-day mailing allowance for international USCIS offices has also been removed, replaced by only the standard 3-day allowance—compressing timelines for overseas applicants. For EB-3 sponsors and beneficiaries, the key takeaway is that petition preparation must now be airtight before filing. Employers should begin extension filings early, ensure all corporate documentation and expert evidence are complete, and budget for potential re-filing costs if a denial occurs. Sponsored workers should be informed of heightened risks and encouraged to engage proactively with their employer's immigration counsel throughout the process.