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

New USCIS Guidelines Tighten Visa and Green Card Approvals

Theindiapostdaily.com – The United States has implemented more rigorous standards for handling immigration benefit applications. Under the updated framework, US Citizenship and Immigration Services (USCIS) officials can now refuse visa, green card, and other immigration requests that lack necessary documentation or are incomplete, without initially requesting supplementary information from applicants. This shift is anticipated to impact numerous Indian applicants seeking entry or status adjustments.

According to an official press release, USCIS has clarified that applicants bear the responsibility of demonstrating their qualification for an immigration benefit at the moment of submission. When a petition fails to contain adequate proof or mandatory initial paperwork to confirm eligibility, officers possess the discretion to issue a direct denial rather than first sending a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

The agency noted that current application forms and filing guidelines already specify the documents and evidence needed for each type of immigration benefit. This enables applicants to prepare thorough submissions when they initially 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 stated in a Wednesday announcement.

Policy Alignment and Efficiency Goals

USCIS explained that the updated approach harmonizes its procedures with the Department of Homeland Security’s (DHS) established regulatory power. The agency claims this strengthens the immigration system’s integrity while creating additional barriers for individuals submitting meritless immigration benefit applications.

This guidance reverses a measure introduced during the Biden administration, which urged immigration officers to issue RFEs before rejecting applications, even when those applications were incomplete or missing required supporting documents at the time of filing.

USCIS argued that the previous approach permitted incomplete or significantly deficient applications to slow down the processing of other pending cases. The agency also asserted that certain applicants utilized “placeholder” applications to obtain related immigration benefits, such as employment authorization, while their main requests remained under review.

The agency confirmed it has restored officers’ authority to deny immigration benefit applications without first issuing an RFE or a NOID whenever they consider it appropriate. USCIS maintains that the revised policy will facilitate more efficient use of agency resources, speed up case processing, and discourage the submission of applications lacking merit.

Timeline and Scope of Application

The policy became effective immediately and covers all immigration benefit requests that are either pending or filed on or after August 5, 2026, unless existing regulations or USCIS policy dictate otherwise.

Former Biden Adviser Voices Concerns

Ajay Bhutoria, a former adviser to President Joe Biden, has publicly criticized the new USCIS policy. Bhutoria described the change as a “major step backwards” for due process and administrative fairness, according to ANI. He highlighted that allowing officials to reject incomplete applications for visas, green cards, and other immigration benefits without first requesting additional evidence could disproportionately affect genuine applicants attempting to navigate the complex US immigration system.

“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 also serves as an immigration advocate, explained.

Bhutoria emphasized that the earlier policy recognized the complexity of the immigration process and helped guarantee that legitimate applicants were not denied benefits due to minor procedural mistakes. He further noted that re-categorizing initial evidentiary gaps as “frivolous” or “placeholder” filings unfairly punishes unrepresented families, non-native English speakers, and asylum seekers who are navigating an extraordinarily complex system.

“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 questioned USCIS’s claim that the policy would enhance efficiency in the immigration process, arguing that the new approach may create additional hurdles for those seeking legitimate immigration benefits.