The initial memo was released following the identification of a pattern of RFE issuance that "significantly affected limited USCIS resources, increased processing delays, and confused petitioners and applicants." However, following a recent review, it was determined that adjudicators may have misconstrued the initial memo and denied cases without sending reasonable RFEs or Notices of Intent to Deny (NOIDs).

USCIS is amending the regulations to address when an RFE is required. In the interim, the February 16 memo reiterates/clarifies the following:

A. A RFE or NOID is not required for every case prior to adjudication;

B. Circumstances in which an adjudicator may issue a decision - approval or denial - without a RFE or NOID; and

• Denial with evidence of clear ineligibility: basic statutory or regulatory requirements cannot be met even with the opportunity to present additional information.
• Record is complete and case is approvable: "...when a case is approvable based on initial evidence, and there is not evidence justifying a particular concern..."

C. Defines the difference between a RFE and a NOID.

• "A RFE is more appropriate when a particular piece or pieces of necessary evidence are missing... [it should ideally] limit the request to the missing evidence."
• "A NOID is more appropriate than a RFE when initial evidence is predominantly present, but: the filing does not appear to establish eligibility by the preponderance of the evidence; the case appears to be ineligible for approval but not necessarily incurable; or the adjudicator intends to rely for denial on evidence not submitted by the filer."
• "It is possible to combine... a RFE and a NOID requesting additional evidence on some points and explaining anticipated basis for denial on others."

When an adjudicator receives a response to a RFE or NOID, they review all of the relevant evidence and usually make a decision to approve or deny. Sometimes a new RFE or NOID may be issued following developments resulting from the initial response, but this is rare.

If you have received a RFE or NOID in your case and need additional information, it is important to discuss your options with your immigration attorney. This memo was written exclusively for the purpose of providing guidance to USCIS officers. It should NOT be interpreted as "law" nor a requirement -- simply guidance.