In Policy Alert PA-2026-05, dated Aug. 5, 2026, USCIS said officers may, in their discretion, deny a benefit request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when required initial evidence is missing or the evidence submitted does not establish eligibility. RFEs and NOIDs remain available but are not required. The change took effect immediately and applies to cases that were already pending.
The same guidance shortens response times: the maximum for responding to an RFE is 12 weeks and the maximum for a NOID is 30 days, and the extra 14 days previously allowed for notices mailed abroad has been eliminated. Asylum and refugee applications are governed by different rules.
We generally recommend treating the initial filing as your one complete presentation of the evidence, rather than counting on a follow-up request to fill in gaps. This policy is also challenged in AAUP v. Mullin, No. 1:26-cv-14527 (D. Mass., filed Oct. 5, 2026); as of Oct. 19 it remains in effect.