US visa, green card approval gets tougher as new USCIS rules take effect: What applicants need to know

The United States has introduced stricter rules for processing immigration benefit applications, empowering US Citizenship and Immigration Services (USCIS) officers to reject visa, green card and other immigration requests that are incomplete or lack the required supporting documents without first asking applicants to provide additional information. The change is expected to affect thousands of Indian applicants.

In a press release, USCIS said it has reaffirmed that applicants are responsible for proving they qualify for an immigration benefit when submitting their application. If a request does not include sufficient evidence or the mandatory initial documentation to establish eligibility, officers may deny it outright instead of issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

USCIS said its application forms and filing instructions already outline the documents and evidence required for each immigration benefit, allowing applicants to submit complete applications when they file.

"The burden is on the requestor to establish that he or she is eligible for the requested benefit at the time of filing the benefit request and that he or she continues to be eligible through adjudication," the USCIS mentioned in a statement on Wednesday.

The agency said the revised policy brings its procedures in line with the Department of Homeland Security's (DHS) long-standing regulatory authority, reinforces the integrity of the immigration system and makes it harder for people to submit frivolous immigration benefit applications.

The new guidance rolls back a policy adopted during the Biden administration, under which immigration officers were encouraged to issue RFEs before rejecting applications, even if they were incomplete or missing the required supporting documents at the time of filing.

USCIS said the earlier policy allowed incomplete or significantly deficient applications to delay the processing of other pending cases. It also claimed that some applicants used "placeholder" applications to access related immigration benefits, including employment authorisation, while their requests were still under review.

The agency said it has reinstated officers' authority to deny immigration benefit applications without first issuing an RFE or a NOID whenever deemed appropriate.

According to USCIS, the revised policy will enable more efficient use of agency resources, accelerate case processing and discourage the submission of meritless applications.

The policy came into effect immediately and applies to all immigration benefit requests that are pending or filed on or after 5 August 2026, unless existing regulations or USCIS policy provide otherwise.

Biden's former adviser slams USCIS rule

Former adviser to former US President Joe Biden, Ajay Bhutoria, has criticised the new USCIS policy that allows officials to reject incomplete applications for visas, green cards and other immigration benefits without first requesting additional evidence, describing it as a "major step backwards" for due process and administrative fairness, as per ANI.

Responding to the revised policy, Bhutoria said allowing immigration officers to deny applications outright without first issuing an RFE or a NOID would have a disproportionate impact on genuine applicants trying to navigate the complex US immigration system.

He said the previous policy acknowledged the complexity of the immigration process and helped ensure that legitimate applicants were not refused benefits because of minor procedural mistakes.

"The recent decision by USCIS to allow outright denials without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is a major step backwards for basic due process, administrative fairness, and procedural justice. During the Biden-Harris administration, encouraging officers to issue RFEs before issuing rejections was designed to ensure that minor clerical errors, missing documentation, or misunderstood technical requirements didn't derail legitimate applications," Bhutoria, who is also an immigration advocate, stated.

He added, "Re-labelling initial evidentiary gaps as 'frivolous' or 'placeholder' filings unfairly penalises unrepresented families, non-native English speakers, and asylum seekers navigating an extraordinarily complex system, prioritising harsh procedural traps over fair and accurate adjudications.”

Bhutoria also challenged USCIS's assertion that the policy would make the immigration process more efficient, arguing that it would instead compel applicants to refile their cases or seek legal recourse.

He called for reforms aimed at strengthening the immigration system rather than imposing stricter procedural requirements, saying the practice of issuing RFEs before denying applications could ultimately reduce, rather than increase, the administrative burden on the immigration system.

"True operational efficiency is achieved by modernising filing tools, expanding outreach, and increasing staffing to process cases fairly, not by stripping away procedural safeguards for individuals who are simply trying to navigate legal immigration pathways in good faith," Bhutoria further said.