F-1

On August 5, 2026, USCIS published a new policy memo about requests for evidence (RFEs) and notices of intent to deny (NOIDs), reminding officers that they have discretion to deny an application that is missing initial required evidence. USCIS has always had this discretion and the guidance does not change the law, but officers may still issue an RFE or NOID when they need additional evidence to decide a case. Jeff Joseph, President of Immigration Strategy at Manifest Law and 79th President of AILA, covers what counts as required initial evidence, the shortened response deadlines, and what the memo means for F-1 students, employment-based petitions, and adjustment of status.

The Department of Homeland Security has finalized a rule that ends Duration of Status (D/S) for international students and exchange visitors. After September 15, 2026, F and J visa holders will be admitted for the length of their program, capped at four years, plus a 30-day grace period.