The review rules for U.S. immigration applications have undergone significant adjustments.
On August 5, 2026, local time, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum titled "Evidence, Requests for Evidence, and Notices of Intent to Deny," further strengthening the evidentiary review standards for immigration applications.
The new rule clarifies: The previous practice of issuing RFE (Request for Evidence) or NOID (Notice of Intent to Deny) when materials are incomplete has been abolished. Applicants must submit a complete and compliant set of initial evidence at the time of filing. If an application lacks the legal basis for approval, is missing initial materials, or provides insufficient evidence, immigration officers may directly deny the case without providing further opportunities for supplemental filings or defense.
The new rule is effective immediately upon issuance and applies to all cases pending as of August 5, 2026, as well as all new applications submitted on or after that date.
Initial filing is critical; RFE is no longer a guaranteed remedy
This policy adjustment sends a very clear signal: U.S. immigration applications now demand higher standards for the completeness and quality of evidence submitted at the initial filing.
In the past, many applicants were accustomed to "submitting the application first and supplementing missing materials after receiving an RFE," often believing that as long as basic conditions were met, gaps in initial materials would not directly affect the progress of the case.
However, under the new rule, the risks of this approach have increased significantly. USCIS has reiterated that applicants should submit the required initial evidence at the time of filing to fully demonstrate their eligibility and must continue to meet relevant requirements throughout the adjudication process. If an applicant fails to meet the burden of proof, the immigration officer may directly issue a denial.
In short, U.S. immigration applications are shifting from the past "submit first, perfect later" approach to a "complete and sufficient at initial submission" requirement. Applicants can no longer view RFE or NOID as inevitable opportunities for remedy. Whether materials are complete, evidence is sufficient, and the overall logic is clear will directly impact whether the case can proceed smoothly.
Response timelines for supplemental evidence are also tightening
At the same time, the new rule also adjusts the response deadlines for RFE and NOID. Previously, when USCIS issued an RFE or NOID to applicants outside the United States, it typically added a 14-day mailing buffer; this arrangement has been cancelled under the new rule. Moving forward, the RFE response deadline will be determined by the immigration officer based on the case circumstances, not to exceed 12 weeks; the NOID response deadline will not exceed 30 days, and for those delivered by mail, typically only 3 additional days are added.
This means that not only is the margin for error in initial submissions shrinking, but the time available to respond after receiving an RFE or NOID is also much tighter.
Under the new rule, the quality of documentation is more important than ever
As everyone knows, for EB-5 investment immigration, application materials are not only numerous but also complex.
"Documentation" in immigration applications is not simply about filling out forms or organizing files; it is about organizing a complete, clear, and verifiable system of evidence for the immigration officer, in accordance with legal requirements and based on the client's actual situation, source of funds, path of funds, and underlying supporting documents.
Under the new rule, whether the documentation is complete and rigorous no longer just affects the speed of case processing; it may directly impact whether the application can successfully enter subsequent review stages and whether there is any room for further supplementation and explanation.
Years of documentation experience: WorldWay ensures application quality
For a long time, WorldWay has consistently prioritized documentation quality as an important foundation for its EB-5 services. As a Top 500 Asian Brand, WorldWay has been deeply involved in the investment immigration field for over 20 years. We possess an experienced professional documentation team capable of systematically organizing application materials based on the client's actual situation to ensure that application files comply with U.S. immigration laws and review requirements.
Building on this, WorldWay has partnered with two renowned U.S. law firms, Greenberg Traurig (GT) and Miller Mayer, to establish a collaborative mechanism of "Professional Documentation Team + U.S. Legal Team." Through this strong alliance, we aim to identify and resolve material gaps and potential issues before submission, ensuring that every application possesses clear factual logic, sufficient evidentiary support, and professional legal basis at the time of initial filing, providing multiple layers of quality control for our clients' EB-5 applications.
New rule, combined with price increases and "930," puts EB-5 in a critical sprint period
This adjustment to evidentiary review rules comes at a time when the EB-5 window is rapidly closing.
According to current policy arrangements, starting January 1, 2027, the minimum investment amount for EB-5 is expected to be adjusted from the current 800,000 USD to between 900,000 and 950,000 USD, or even higher. Meanwhile, September 30, 2026, is an important milestone for the "grandfather clause" of the new EB-5 law.
This means that families intending to plan for U.S. status through EB-5 must seize both the "930" policy window and the current 800,000 USD investment threshold.
WorldWay will leverage its years of EB-5 documentation experience, in collaboration with GT and Miller Mayer, to fully assist clients in advancing their applications, striving to secure submission timing while maintaining case quality.
Currently, WorldWay holds two high-quality EB-5 projects: "Deer Valley Snow Ridge Residences" and "Marriott Resort Lakeview," providing more choices for investment families with different needs. The window is closing, and spots for high-quality projects are limited. The earlier you start, the more room you leave for material preparation and application quality.
To help investment families better seize the current window, WorldWay is launching a major promotion. From now until August 31, clients who process EB-5 immigration can enjoy a limited-time exclusive offer, advancing their U.S. status planning at a more favorable cost.
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