The United States Citizenship and Immigration Services (USCIS) released a public announcement on Wednesday, August 5th, emphasizing the importance for welfare applicants to prove their eligibility for immigration benefits at the time of application submission.
The announcement stated that in the normal course of proceedings, if welfare applicants fail to demonstrate their eligibility for benefits or do not provide all necessary initial documentation at the time of application submission, USCIS may reject their immigration benefits application without issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
The announcement reiterated that USCIS forms provide detailed instructions on all initial documentation required for each welfare application, ensuring that applicants have all the necessary information to meet the eligibility requirements for benefits.
According to the announcement, this policy aligns USCIS procedures with the longstanding regulatory authority and form instructions of the Department of Homeland Security (DHS), contributing to the restoration of integrity in the immigration system and making it more difficult for foreign nationals to submit “frivolous” welfare applications.
The announcement also mentioned that the previous policy “encouraged” officers to request evidence from applicants before denying welfare applications, even if the applications were incomplete, did not demonstrate eligibility for benefits, or did not provide the initial evidence clearly requested at the time of application submission, leading to delays in processing due to some “frivolous or significantly incomplete” applications, affecting other applicants waiting in line.
The old policy even allowed welfare applicants to exploit the system by applying for “placeholders,” enabling them to access related immigration benefits such as work permits while awaiting case decisions.
The announcement reiterated that USCIS has reinstated its discretion to fully deny welfare applications in various circumstances without the need for prior issuance of RFEs or NOIDs, aiming to allocate resources more effectively, enhance efficiency, and prevent frivolous abuses.
The new policy took immediate effect and applied to applications pending or submitted on or after August 5, 2026, unless otherwise specified.