On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) announced updated policy guidance on evidence requirements, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). The policy is effective immediately as of August 5, 2026 and applies to benefit requests pending or filed on or after that date.
Under the updated guidance, USCIS officers have greater discretion to deny an immigration benefit request without first issuing an RFE or NOID if required initial evidence is missing or the application does not establish eligibility. This means students should not assume USCIS will provide an opportunity to submit missing required documents after filing.
This update may affect USCIS applications commonly filed by F-1 and J-1 international students, including Optional Practical Training (OPT), STEM OPT extensions, changes of status, and reinstatement.
Students should carefully review all form instructions and ISS guidance before filing any USCIS application. Applications should be complete at the time of submission and include all required initial evidence.
USCIS also clarified response deadlines for RFEs and NOIDs. RFE response periods may be less than 12 weeks, and NOID response periods may be less than 30 days. Additional time to respond is not available. If a notice is served by mail, USCIS adds 3 days to the response deadline, but USCIS will no longer provide an additional 14 days for notices mailed outside the United States.
If you receive an RFE, NOID, denial, or other notice from USCIS, read it carefully and contact ISS. For legal advice about a specific immigration application or denial, students may wish to consult a qualified immigration attorney.