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10 August 2026

United States updates USCIS policy guidance that authorizes discretionary denials

On 5 August 2026, US Citizenship and Immigration Services (USCIS) issued a Policy Alert revising evidentiary standards and procedures related to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). The policy emphasizes that applicants and petitioners bear the burden of establishing eligibility for an immigration benefit at the time of filing and while the case pends with USCIS. Consistent with the updated guidance, USCIS officers may, at their discretion, deny certain benefit requests without first issuing an RFE or NOID when required initial evidence is not submitted or the filing otherwise fails to establish eligibility.

A Tax Alert prepared by EY Law LLP group, and attached below, provides additional details.

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Attachment

Full text of Tax Alert

Document ID: 2026-1710

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