US Tightens Visa Rules: USCIS Can Deny H-1B, Green Card Filings

The change applies to all benefit types, including employment-based visas and adjustment of status applications. Under the new guidance, officers can deny a case immediately if the required initial evidence is missing or if the application does not meet basic filing requirements.

USCIS stated the policy is intended to reduce delays and encourage applicants to submit complete, well-documented petitions from the start. The agency emphasized that the decision to deny without an RFE is discretionary, not mandatory, and officers will still issue RFEs in many cases where additional evidence could cure a deficiency.

Immigration attorneys advise applicants to double-check their filings for completeness and ensure all required forms, fees, and supporting documents are included before submission. The policy shift places a greater burden on petitioners to get it right the first time, as the safety net of a second chance may no longer be available.

The updated policy is part of a broader effort by the agency to streamline processing and reduce backlogs. USCIS has faced criticism for lengthy processing times, and the new rule is seen as a way to push applicants toward more thorough submissions while freeing up officer time for other cases.