WASHINGTON: The United States Citizenship and Immigration Services (USCIS) has implemented a new policy granting immigration officers broader authority to deny incomplete applications without first asking applicants to provide missing documents or additional evidence.
The policy, which came into effect on August 5, applies to a wide range of immigration requests, including applications for green cards, work permits, US citizenship, travel documents, and changes of immigration status.
Under the revised guidance, applicants are required to submit all necessary supporting documents and clearly demonstrate their eligibility at the time of filing. If an application is incomplete or lacks sufficient evidence, USCIS officers may deny it immediately without issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), which previously gave applicants an opportunity to correct deficiencies.
USCIS said the updated guidance restores officers’ discretion under long-standing Department of Homeland Security regulations and reverses a Biden-era policy that generally encouraged officials to seek additional evidence before rejecting incomplete applications.
According to the agency, the previous approach enabled some individuals to submit incomplete or “placeholder” applications to obtain temporary immigration benefits, such as work authorisation, while gathering the required documentation. USCIS said the new policy is intended to reduce frivolous filings, improve processing efficiency, and shorten waiting times for applicants who file complete applications.
The change is expected to have significant implications for many South Asian immigrants, who submit large numbers of family-sponsored and employment-based immigration applications. Many also apply for work permits, adjustment of status, naturalisation, and other immigration benefits processed by USCIS.
Immigration attorneys note that these applications often require extensive documentation, meaning applicants who fail to include required evidence or adequately establish eligibility when filing now face a greater risk of immediate denial.
The policy does not alter the eligibility requirements for obtaining a green card, work permit, US citizenship, or any other immigration status.
The updated guidance applies to all immigration applications that were pending or filed on or after August 5, unless a specific law or USCIS regulation provides otherwise.
