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“Major Step backward”: Former Biden Advisor Slams USCIS
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News India Times
He argued that the earlier policy recognized the complexity of the US immigration system and ensured that genuine applicants were not denied benefits because of minor procedural errors.
Calling for reforms focused on improving the immigration system rather than tightening procedural requirements, the former advisor stated that the practice of issuing RFEs before denials could ultimately increase the administrative burden on the immigration system instead of improving efficiency.
According to a USCIS press release, applicants are required to establish their eligibility for an immigration benefit at the time of filing.
If an applicant fails to demonstrate eligibility or does not submit all the required initial evidence, USCIS may deny the request without issuing an RFE or NOID.
The new policy took effect immediately and applies to immigration benefit requests pending or filed on or after August 5, 2026, unless otherwise provided under existing regulations or USCIS policy.