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

Published 6 August 2026 · india

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

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 a 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 August 5, 2026, unless existing regulations or USCIS policy provide otherwise.