09/03/2026
EB-1A or EB-2 NIW applicants: Don’t count on an RFE to save your case.
A new USCIS policy issued on August 5, 2026, gives officers greater discretion to deny petitions without first issuing an RFE or NOID—and applicants may receive significantly less time to respond when an RFE is issued.
For evidence-heavy cases like EB-1A and EB-2 NIW, this can make a major difference. The maximum regulatory RFE response period remains 84 days, but USCIS may set a shorter deadline, with some practitioners already seeing response periods of around 30 days.
What does this mean for your petition strategy? Your strongest case may need to be built and presented from day one. Join Karim Jivani and see what EB-1A and NIW applicants should know about the August 5 policy change—and how to prepare for a more demanding adjudication process.
Learn More: https://www.rnlawgroup.com/uscis-shortens-rfe-response-times-how-the-august-5-2026-policy-affects-eb-1a-and-eb-2-niw-cases/