Recent USCIS Updates on E-Filing, Form I-485, and Requests for Evidence/Notices of Intent to Deny

New USCIS public charge rule and new edition of Form I-485

On July 16, 2026, USCIS published a final rule that changes how USCIS will analyze whether an applicant is inadmissible as a public charge, or financial burden on the United States. USCIS officers will be permitted to find inadmissibility due to public charge, even if the relating Form I-864 affidavit of support meets the 125% poverty line threshold. As part of the new rule, USCIS will be updating the Form I-485 edition to require submission of more background information, such as ten years of social media accounts, five years of email addresses and phone numbers, additional documentation relating to arrests. Prior editions of the form will not be acceptable.  In addition, a new public charge bond form may be applied to certain applicants, and there are reports that the bond could amount to $100,000.

New USCIS policy regarding Requests for Evidence/Notices of Intent to Deny

On August 5, 2026, USCIS announced a change in policy in relation to incomplete or deficient applications or petitions. This change would allow USCIS officers to deny applications or petitions without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), both of which provide an opportunity to  submit additional information or documentation. The policy took effect immediately on applications or petitions pending as of the announcement date. 

USCIS issued a similar policy statement on July 10, 2026 that applications or petitions may be denied after being receipted, without issuance of a RFE or NOID, in situations where an officer finds that the application or petition was not properly signed per USCIS requirements.

USCIS issues rule mandating e-filing

On August 10, 2026, USCIS published an interim final rule that will mandate e-filing if an application or petition has been eligible for e-filing for 180 days. Current form types that have been available for e-filing for this period include Form AR-11, I-90, I-129, I-130, I-131, I-589, I-751, I-765, I-821, I-907, and N-400. The rule is effective as of August 11, 2026, but USCIS will consider comments on the rule until October 13, 2026. The rule provides for a Form I-936 with a nominal fee of $25 to apply for a waiver of the e-filing requirement, with a waiver request submitted separately for each form.