USCIS Process and Policy
How USCIS decides your case, and what you can do
What USCIS expects at filing, how to speed up or respond to a case, your options after a denial or a long delay, and the policy changes to watch. Each topic links to a detailed guide.
Updated
Topics
From filing to decision
Filing with complete evidence
Since August 5, 2026, USCIS may deny a filing missing required initial evidence without first issuing an RFE or NOID. The policy applies to requests pending on or filed after that date.
Speeding up a decision
Premium processing guarantees USCIS action within a set number of business days, not approval: 15 for most designated petitions, and 45 for EB-1C and NIW I-140s. Expedite requests are discretionary and decided case by case, and where premium processing is available, an expedite generally is not, except for qualifying nonprofits.
Responding to an RFE
An RFE means the evidence does not yet establish eligibility. Responses are due within the stated period, never more than 12 weeks, extensions are not allowed, and everything must be submitted together. Any response, even partial, is treated as a request for a decision.
If your petition is denied
Appeals and motions are generally due within 30 days of the decision, or 33 days if it was mailed. The AAO reviews appeals de novo and accepts new evidence; a motion to reopen presents new facts with evidence, and a motion to reconsider argues legal error on the existing record. A pending appeal or motion generally does not preserve status or work authorization.
When a case is delayed
When an application is delayed beyond processing times, a federal mandamus lawsuit can ask a court to require USCIS to decide it.
Extensions and the deference proposal
DHS proposed on October 14, 2026 to remove 8 CFR 214.1(c)(5), which tells USCIS to defer to a prior approval when deciding an extension with the same parties and facts. Deference remains in effect unless and until a final rule takes effect, and O-1, L-1, and H-1B extensions are among the filings that would be affected.
Related
More guides and resources
EAD Delay Lawsuits
Mandamus litigation against USCIS for unreasonably delayed Employment Authorization Document (EAD/I-765) processing.
Learn moreGreen Card Guide
How an employment-based green card works, from the first petition to citizenship.
Learn moreH-1B and Work Visa Guide
The H-1B lottery and its alternatives, time limits, job changes, family, and travel.
Learn moreAdvocacy
Public comments filed in federal rulemakings, and the DHS AI Use Case Inventory.
Learn moreAll USCIS process and policy guides
- USCIS Proposes Ending Deference to Prior Approvals: What It Means for O-1, L-1, and H-1B Extensions
- Your Petition Was Denied: Appeal, Motion, or Refile?
- USCIS's 2026 Evidence Policy: Why Incomplete Filings Now Risk Outright Denial
- Asking USCIS to Expedite a Case: The Criteria and What to Expect
- Premium Processing: What It Speeds Up and What It Doesn't
- How to Respond to a USCIS Request for Evidence (RFE)
- EAD Delays: Mandamus Lawsuit Guide
- ImmigrationOS: The Digital Sedition Act