USCIS Alert 2026: Denials Without RFE Now Effective – EB-3 Applicants Must Act Fast

On August 5, 2026, USCIS issued a Policy Alert restoring adjudicators' full discretion to deny immigration benefit requests—including those for employment-based visas like EB-3—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The policy is effective immediately and applies to all requests pending or filed on or after that date. Under previous guidance, USCIS officers were generally instructed to issue an RFE or NOID when there was a possibility the applicant could overcome a finding of ineligibility by submitting additional evidence. The new policy rescinds that guidance and restores USCIS officers' authority under 8 CFR § 103.2(b)(8)(ii) to deny outright when initial evidence is missing or insufficient. The policy also introduces stricter standards for affidavits submitted as supporting evidence. Affidavits are now classified as 'tertiary evidence,' separate from primary and secondary evidence. Officers will evaluate them based on the affiant's relationship to the parties, the basis of their knowledge, and the specificity and internal consistency of the statements. Vague or conclusory affidavits may receive little to no evidentiary weight. Additionally, USCIS has eliminated the standard 12-week deadline for responding to RFEs. Adjudicators may now set shorter, case-specific deadlines. The 14-day mailing allowance for notices sent to international addresses has also been removed, replaced by the standard 3-day mailing allowance. For EB-3 petitioners and U.S. employers, the implications are significant. Cases must be filed with complete and robust initial evidence. Employers are advised to begin extension filings early, ensure all corporate and supporting documentation is gathered before filing, and build in time to re-file if necessary. Immigration attorneys strongly recommend proactive case preparation to avoid outright denial under this tightened adjudication standard.