Policy & Processing Updates
Two USCIS changes matter for EB-1A and EB-2 NIW right now, and they run in opposite directions. The rules on evidence, RFEs and denials tightened on August 5, 2026 and are in force. The country-based hold policies this page used to describe were struck down by a federal court in June 2026 and are not.
These hold policies are no longer in effect
On June 5, 2026, the U.S. District Court for the District of Rhode Island vacated USCIS policy memoranda PM-602-0192, PM-602-0194 and PA-2025-26 in Dorcas International Institute of Rhode Island v. USCIS. Final judgment was entered on June 11, 2026. USCIS states the vacatur applies agency-wide and that these policies “should be treated as if they are not in effect.”
USCIS appealed to the U.S. Court of Appeals for the First Circuit (No. 26-1703) on June 12, 2026. The U.S. District Court for the District of Rhode Island — the court that entered the vacatur — denied a stay pending that appeal on July 15, 2026.
USCIS then renewed that request in the 1st Cir. on July 21, 2026. That motion is still pending — it was fully briefed on August 10, 2026 and can be decided at any time. Until the 1st Cir. rules, the vacatur stands and the memoranda remain unenforceable. A stay would change that. Treat this page as a snapshot, check the docket before relying on it, and expect USCIS to issue updated instructions.
Separately, the court order did not stop USCIS’s broader screening and vetting changes. These continue:
- Shortened validity periods for certain Employment Authorization Documents
- Expanded social media and financial vetting, and community interviews
- Additional identity verification, including biometric checks when reusing fingerprints
- Department of State Consular Consolidated Database checks before final adjudication
What this page was: a detailed explanation of those hold policies while they were active. Now that they are vacated, that detail has been removed rather than left to mislead. What remains is what is still true.
Read the USCIS alert on the court order →While these memoranda were in force, USCIS applied internal guidance that affected how certain immigration benefit requests were processed, including employment-based petitions like Form I-140 (EB-1A and EB-2 NIW). In some cases USCIS continued processing a filing but paused issuing a final decision while additional screening and review took place. Following the June 2026 vacatur, that hold-and-review framework is no longer in effect.
What this means for applicants today
The country-based adjudicative holds are not currently being applied
Enhanced screening and vetting continue, so individual timelines can still vary
These memoranda did not change the legal requirements for EB-1A or EB-2 NIW
The appeal is pending, so check the USCIS alert above for the current position before relying on this page
Check your evidence readiness
Answer 12 plain-English questions for a scored breakdown of your EB-1A or EB-2 NIW evidence, grounded in published AAO decisions.
Run the readiness checkRead the vacated memo
PM-602-0194, for reference. Final judgment was entered on June 11, 2026, and USCIS says the memo should be treated as not in effect.
Visit USCISNote: This page provides general information based on publicly available USCIS policy guidance and does not constitute legal advice. Exelita is not a law firm. Immigration policy changes, and this page may lag it — verify anything you rely on against USCIS or a licensed immigration attorney.
Last reviewed: August 18, 2026
What changed for evidence, RFEs and denials on August 5, 2026
Unlike the hold memoranda above, this one is current. USCIS Policy Alert PA-2026-05 changed what happens to a benefit request that arrives without all of its required initial evidence.
A filing can be denied without an RFE first
Officers may deny a benefit request for missing required initial evidence without first issuing a Request for Evidence or a Notice of Intent to Deny. Do not assume there will be a chance to supplement the record after filing.
Response windows can be shorter
The maximum response period has not moved, but officers are no longer expected to grant all of it. The notice sets the deadline, and USCIS generally cannot extend it.
A partial response closes the record
Sending part of what an RFE or NOID asked for is treated as a request for a decision on the record as it stands. Whatever is still missing at that point stays missing.
Less time is added for mail
Notices served by mail now carry three additional days. Correspondence mailed outside the United States previously carried fourteen.
“officers are not required to issue an RFE with a standard 12-week response period, but rather the maximum response period cannot exceed 12 weeks.”
What this means if you are preparing a petition
Treat the filing you submit as the filing that gets decided. The opportunity to fix an omission afterwards is no longer something to count on.
Work from the form instructions and the regulation on required initial evidence before you file, rather than waiting to see what a notice asks for.
If a notice does arrive, read the deadline off the notice itself. There is no standard period to assume, and answering only part of it asks USCIS to decide on what it already has.
The changes apply to benefit requests pending or filed on or after August 5, 2026, so a petition already waiting on a decision is covered too. This is general information and not legal advice. Read PA-2026-05 in full.
What the memoranda changed — and what they did not
If you are pursuing EB-1A or EB-2 NIW, it's important to separate two things: whether you qualify under the law, and how USCIS processes your case. These memoranda never changed the legal standards — they changed the timeline and processing experience while they were in force.
What Stays the Same
The Law
The legal eligibility requirements for EB-1A and EB-2 NIW
The evidence-based nature of the petition
The need for strong documentation and credible supporting materials
USCIS's authority to request additional information when needed
What Changed While Active
The Process Then
Final decisions could be paused by an adjudicative hold
Some cases received additional screening and identity verification
Interviews could be required in situations where they were otherwise uncommon
Certain earlier approvals were directed for re-review
Processing timelines could become less predictable
What this means for applicants using Exelita
That hold-and-review framework is no longer in effect. The durable preparation work remains the same: keep identity documents consistent, make supporting evidence traceable, and organize the record so each material claim can be verified. Exelita supports evidence readiness and organization; it does not predict processing.
What USCIS still prioritizes
The court order vacated the country-based holds. It did not touch USCIS’s wider screening and vetting work, which continues: enhanced checks focused on national security, public safety, and identity verification. This is the part still worth preparing for.
Security and screening indicators
Checks for records or indicators connected to national security screening systems that may require resolution.
National security-related inadmissibility
Review of concerns connected to prohibited activities or associations referenced in immigration law.
Criminal or public safety concerns
Review of information suggesting prior involvement in criminal activity or conduct presenting a public safety concern.
Identity verification
Verification of identity through reliable documentation, specifically addressing potential inconsistencies in civil records.
Why identity documentation can become a bigger factor
USCIS notes that for certain countries, civil documentation systems may present challenges such as limited birth registration or inconsistent records. For this reason, passports and civil documents may be reviewed more carefully.
What applicants can do (Practical Preparation)
Consistent identity information across all filings
Clear, legible civil documents and certified translations
A well-organized evidence package with traceable sources
A petition record that is coherent and easy to verify
Exelita helps structure your petition materials clearly so that your case is easier to review and validate.
What Exelita is doing differently
USCIS processing policies can change how cases move through review. Exelita is designed to help you stay prepared, organized, and informed so you can navigate the process with clarity.
Evidence-readiness guidance
Exelita shows where your record supports the relevant EB-1A criteria or NIW prongs and where the evidence remains thin.
Realistic expectations
Exelita’s Evidence Readiness Check shows where your evidence is strong or thin and what to address first. It predicts neither case outcomes nor processing times — those depend on USCIS and factors the tool does not evaluate.
Review-ready preparation
Exelita helps you organize achievements and evidence into a structured, credible petition record that is easier to review and validate.
For a record that may receive closer review
Strong preparation makes material facts easier to verify without changing the legal theory of the petition:
- Keep names, dates, and identity information consistent.
- Tie material claims to traceable supporting evidence.
- Explain material discrepancies instead of leaving them unresolved.
What this means for you
- See which parts of your evidence record are ready before investing heavily.
- Build a clearer evidence record.
- Separate evidence readiness from questions of processing policy.
- Move forward with a clearer documentation plan.
Important: Exelita provides structured guidance and preparation tools. It does not provide legal advice and is not a substitute for an immigration attorney.
Your next step
If you're pursuing EB-1A or EB-2 NIW, the best first step is clarity. Exelita's Evidence Readiness Check shows how prepared your evidence is and what to gather next.
- A scored EB-1A / EB-2 NIW evidence-readiness report
- A criterion-by-criterion breakdown of your evidence
- A clearer view of what to prepare next, including evidence and narrative readiness
About five minutes. A clear evidence-readiness breakdown.
Exelita helps you prepare and organize your case. It does not provide legal advice.