USCIS Crackdown 2026: Officers Can Now Deny EB-3 Cases Without Issuing RFEs

U.S. Citizenship and Immigration Services has issued new policy guidance effective immediately that grants officers broader authority to deny immigration benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The previous policy generally required officers to provide applicants an opportunity to submit missing evidence if it could establish eligibility. Under the updated guidance, that presumption is reversed. The new policy places the full burden of proof on applicants and petitioners from the moment of filing. If required initial documentation is missing or the filing fails to establish eligibility on its face, USCIS may deny the petition outright. This marks a significant procedural shift affecting H-1B, L-1, I-140, I-485, and other benefit filings — all of which are central to the EB-3 immigration pathway. Additionally, when USCIS does issue an RFE, response periods will no longer automatically provide the maximum 12 weeks. NOID response periods are now capped at 30 days, and the previous 14-day international mailing extension has been eliminated, replaced by the standard three-day regulatory mailing allowance. In a separate development, the White House issued an executive order on September 18, 2026, directing the Departments of Homeland Security, Labor, and State to consider employer layoff histories when reviewing H-1B petitions and Labor Condition Applications. Employers who have conducted or plan workforce reductions may face heightened scrutiny when sponsoring foreign workers, and DOL's Wage and Hour Division has been ordered to begin reviewing previously submitted LCA data within 30 days. For EB-3 applicants and their sponsoring employers, these changes underscore the critical importance of submitting thorough, well-documented initial filings. There is no longer a safety net assumption that USCIS will request missing evidence before issuing a denial. Petitioners should work with experienced immigration counsel to ensure all required documentation is complete at the time of filing.