When applying for a US visa extension, green card, work permit, or American citizenship, submitting an incomplete application has become increasingly perilous.
The US Citizenship and Immigration Services (USCIS) has revised its policy, granting immigration officers greater authority to promptly reject applications that lack essential documents or where applicants do not adequately demonstrate their eligibility for the requested benefit.
Earlier, officers frequently issued a Request for Evidence (RFE), which essentially required applicants to provide any missing documents prior to reaching a decision.
With the implementation of the new policy, they may bypass this step in certain situations and deny the application outright.
Know about USCIS policy
This policy is effective immediately and is applicable not only to new applications but also to certain pending cases.
“Effective immediately, USCIS adjudicators are authorized to deny a petition or application without first issuing a Request for Evidence (RFE) if the original submission does not include all required initial evidence or does not demonstrate eligibility for the immigration benefit requested,” said immigration law firm Fragomen.
In lieu of the current standard 12-week RFE response time frame, USCIS adjudicators will now have the discretion to determine the response time on a cases-by-case basis, with 12 weeks being the maximum response time allowable," it added.
{{/usCountry}}In lieu of the current standard 12-week RFE response time frame, USCIS adjudicators will now have the discretion to determine the response time on a cases-by-case basis, with 12 weeks being the maximum response time allowable," it added.
{{/usCountry}}What has changed?
Consider a scenario where you are seeking an extension for your H-1B visa and neglect to provide a necessary document mandated by USCIS.
Earlier: USCIS frequently issued a Request for Evidence (RFE), allowing you the opportunity to provide the missing documentation.
Currently: The officer may choose to reject the application outright without first requesting any additional documents. Although they retain the option to issue an RFE if deemed suitable, it is no longer obligatory for them to do so.
Who might be impacted?
The policy encompasses various immigration benefits, such as: H-1B extensions, changes in visa status, applications for green cards, employment authorization (work permits), petitions for family-based immigration and applications for US citizenship (naturalization).
For Indian nationals, who represent a significant portion of H-1B workers and applicants for employment-based green cards, this change shows a reduced margin for error in filing.
Why did USCIS implement this change?
USCIS asserts that it has always been the responsibility of applicants to demonstrate their eligibility for immigration benefits at the time of filing.
The agency additionally reported that certain individuals were submitting applications that were not fully completed in order to receive temporary benefits—like work authorization—while they awaited further document requests from USCIS. The new policy aims to deter this behavior and promote the submission of complete applications from the beginning.
"In addition, USCIS is eliminating its longstanding policy of generally according filers the full 12-week maximum period to respond to RFEs. Under the new policy, USCIS adjudicators now have the discretion to set the deadline for a response on a case-by-case basis, with 12 weeks being the maximum response time allowable. Form I-539 applications to extend or change status and Form I-601A applications for provisional unlawful presence waivers, however, have a maximum response time of only 30 days. According to the agency, adjudicators are expected to set a response time that is appropriate for the evidence being requested in the particular case," said Fragomen.
Should applicants be concerned?
Not really. Immigration attorneys said that this is not a new eligibility criterion. It does not make obtaining visas or green cards more difficult.
If your application is thorough and contains all necessary documents, the policy is unlikely to impact you. However, if critical paperwork is absent, you may no longer have an automatic chance to rectify the error before a decision is rendered.