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The Changing USCIS Landscape: Three Developments That Demand Attention
WILLIAMS GLOBAL LAW / LEGAL INSIGHTS / OCTOBER 2026
A more demanding filing environment is taking shape at USCIS. Three developments—greater discretion to deny petitions without additional evidence requests, revised immigration fees and narrower deadline extensions—underscore the importance of a carefully prepared immigration strategy.
THE ESSENTIALS / THREE DEVELOPMENTS TO WATCH
Denials without an RFE or NOID: USCIS may now deny a filing that is missing required initial evidence, for requests pending or filed on or after August 5, 2026.
New fees: FY 2027 fees under H.R. 1 took effect October 16, 2026. Filings postmarked on or after that date must include the new fee.
Deadlines: From October 23, 2026, the next-business-day rule for weekend and holiday deadlines is narrower, especially for age-outs and the one-year asylum deadline.
USCIS can now deny applications without first issuing an RFE or NOID
KEY TAKEAWAY
Submit a complete case from day one. A missing document that once led to a Request for Evidence can now lead straight to a denial.
U.S. Citizenship and Immigration Services (USCIS) has updated its policy on Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). Applicants and petitioners are now expected to provide all required initial evidence at the time of filing. If a filing does not establish eligibility or is missing required initial evidence, USCIS may deny it without first issuing an RFE or NOID.
The policy is effective immediately and applies to requests pending or filed on or after August 5, 2026, unless otherwise provided by regulation or USCIS policy.
What are RFEs and NOIDs?
An RFE asks an applicant or petitioner for additional evidence before USCIS decides a case. A NOID tells the applicant that USCIS intends to deny the request and gives them a chance to respond first. Previously, officers were encouraged to issue an RFE before denying a case, even when initial evidence was missing.
Why USCIS made the change
USCIS says the prior approach encouraged some applicants to file incomplete or “placeholder” applications and rely on the RFE process to fill the gaps later. The agency says the update is intended to:
• Encourage complete filings
• Improve the efficiency of adjudications
• Reduce resources spent on incomplete or unsupported requests
• Make it harder to use filings without a valid basis to obtain benefits
The bottom line
Employers and applicants should not assume USCIS will ask for anything that is missing. Every petition and application should include all required forms, fees and supporting documents, and clearly establish eligibility before it is submitted.
Preparing a petition or application? Have us review it before you file →
Inflation increase for certain immigration fees took effect October 16
KEY TAKEAWAY
Filings postmarked on or after October 16, 2026 must include the new fee, or USCIS will reject them.
New fiscal year 2027 fees under H.R. 1 took effect on October 16, 2026. USCIS says the increases account for inflation. Any request postmarked on or after October 16 must include the new fee.
Fees that increased
• Form I-589, annual asylum fee: $102 to $105 (+$3)
• Form I-131, immigration parole fee: $1,020 to $1,050 (+$30)
• Form I-765, initial EAD for asylum applicants, parole and TPS: $560 to $570 (+$10)
• Form I-821, Temporary Protected Status: $510 to $520 (+$10)
Fees that did not change
Form I-589 initial asylum ($100), Form I-94 ($24), Form I-765 parole and TPS EAD renewals ($280), Form I-765 asylum applicant renewals ($275) and Form I-360 Special Immigrant Juvenile ($250).
Background
H.R. 1, signed July 4, 2025, requires these fees to adjust each year based on the Consumer Price Index (CPI-U). Most are rounded down to the nearest $10, and fee waivers are generally not available.
The bottom line
Check the current USCIS fee before every filing, update internal fee tables and expect this change every year. Annual asylum applicants should be especially careful: failing to pay the correct fee within 30 days of a notice can lead to dismissal of the asylum case and loss of work authorization.
Preparing an immigration petition? Get it right the first time. With USCIS exercising greater discretion over insufficient filings, a carefully documented strategy matters from the outset.
USCIS Creates Narrower Weekend and Holiday Deadline Rules
Key Takeaway
From October 23, 2026, do not assume a weekend or holiday deadline moves to the next business day, especially for age-outs and the one-year asylum deadline.
USCIS has issued new guidance narrowing when a filing deadline that falls on a Saturday, Sunday or federal holiday is extended to the next business day. The change took effect October 23, 2026, and reverses the agency’s broader 2023 policy.
What is changing
The extension now generally applies only when a statute, regulation or form instruction sets a deadline as a specific number of days. For example, if a 30-day period ends on a holiday, a paper filing received the next business day will generally be timely. The extension does not apply when the deadline is tied to a specific date, birthday, age cutoff or anniversary.
Deadlines that may not be extended
• Age-out deadlines: a filing due before a child turns 21 must be received before the 21st birthday, even if it falls on a weekend or holiday
• One-year asylum deadline: it is measured from the date of arrival, not as a number of days
The bottom line
Relying on the next-business-day rule when it does not apply could make a filing late and put eligibility at risk. Confirm the legal basis for every deadline.
Strategic Immigration Counsel. When It Matters Most.
Navigate complex immigration decisions with confidence. Williams Global Law advises investors, entrepreneurs, employers and individuals on U.S. immigration matters. Whether you are preparing a petition, responding to a USCIS notice or evaluating your options, our team can help you develop a thoughtful, tailored strategy.
LEGAL INSIGHTS | Simone Williams | Founder & Managing Partner, Williams Global Law
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Speak with an immigration attorney about your circumstances.
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