Washington: Incomplete H-1B petitions or green card applications before the United States Citizenship and Immigration Services (USCIS) may now be denied without the agency first asking for additional documents, even if the case was filed before the policy changed.

This is after USCIS on August 5 restored officers’ discretion to deny immigration benefit requests if applicants submit incomplete applications or fail to provide the required documents to establish eligibility.

The earlier policy gave applicants a 12-week period to respond to requests for further evidence made by immigration officers on applications for change or extension of immigration status, green cards, visa or naturalisation.

It also added an additional 14 days to the response deadline when a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) was mailed outside the United States.

"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 said in a statement here on Wednesday.

It said if a benefit requestor fails to demonstrate eligibility for a benefit or fails to provide all required initial evidence when filing an application, it may deny the immigration benefit request without first issuing an RFE or NOID.

The new policy came into immediate effect and applies to pending applications as well as new filings.

Under the new guidance, officers may deny a benefit request for the lack of required initial evidence; deny requests that fail to establish eligibility at filing or issue an RFE if they determine it is appropriate.

The USCIS, in its statement, said this policy "better aligns USCIS procedures with long-standing Department of Homeland Security regulatory authority and form instructions, helps restore integrity to the immigration system, and makes it more difficult for aliens to file frivolous benefit requests".

It said the policy update amended the previous Biden-era policy, "which encouraged officers to request evidence before denying a benefit request, even if the benefit requestor filed an incomplete application, failed to demonstrate eligibility for the benefit, or failed to provide the initial evidence that was clearly required at the time of filing".

"This prior policy allowed frivolous or substantially incomplete filings to slow USCIS processing for others waiting in line. The Biden policy also enabled benefit requestors to exploit the system by filing “placeholder” applications to gain associated immigration benefits, like employment authorization, while they waited for a decision on their case," the USCIS statement said.

"The policy is effective immediately and applies to requests pending or filed on or after Aug. 5, 2026, unless otherwise specified by regulations or USCIS policy," it added.

(With agency inputs)