On July 13, 2018 the USCIS issued a memo indicates USCIS adjudicators now have full discretion to deny applications, petitions, and requests without first issuing an Request for Evidence (RFE) or Notice of Intent to Deny (NOID), when appropriate.
Applicants must include all required initial evidence, as listed in operating procedures, form instructions, or regulations with their immigration petition or application. In some cases a second RFE or NOID may be issued. Reuters reports RFE and NOID issuance is up significantly in the last year.
Apart from RFEs, Officers have the discretion to validate assertions or corroborate evidence and information submitted with an immigration application by consulting USCIS or other governmental files, systems, and databases, or by obtaining publically available information that is readily accessible.
It is unclear how strictly this new policy will be enforced. MU recommends employers work to get all documentation for a case, including end-client documentation, upfront in the initial filing and advises employers to file extension cases as early as possible. MU encourages employers to closely review all template language in support letters and immigration forms as well as on the employer’s website and other publicly available information about the employer.
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