For many years, applicants and attorneys knew that if something important was missing from an immigration filing, there was a good chance USCIS would issue a Request for Evidence, commonly known as an RFE, before making a final decision. An RFE gave applicants an opportunity to provide additional documents or explain information that had not been included with the original filing.
That is no longer something anyone should count on.
USCIS officers now have broader discretion to deny a case when the applicant has not established eligibility or included the required evidence at the time of filing. They do not have to send an RFE or a Notice of Intent to Deny first.
The practical effect is significant. Applicants can no longer treat an RFE as part of the process or assume USCIS will point out what is missing. The case submitted on day one may be the only case the officer considers before making a decision.
This does not mean RFEs will disappear. USCIS may still issue one when an officer believes additional information would help make a decision. The difference is that applicants should no longer expect an opportunity to fix problems after filing. If the required evidence should have been included from the beginning, the officer may deny the case without first asking for it.
For applicants, this makes preparation more important than ever.
Think of it this way. An immigration case is like a puzzle that must be complete before it is submitted. Every piece should fit, and the business plan, financials, supporting documents, and legal arguments should all tell the same story. If an important piece is missing or one part of the case contradicts another, USCIS may deny the application without giving the applicant a chance to correct it. Under this updated policy, applicants should assume they have one opportunity to get the filing right.
This is especially important in business immigration cases.
A business plan is not simply a document that describes an idea. It is one part of a much larger case. The financial projections should support the hiring plan. The hiring plan should match the company’s operations. The operations should be consistent with the lease, licenses, investment documents, contracts, and other supporting evidence provided for the business plan.
When the business plan describes the company one way but the supporting documents point to something different, that inconsistency can create a serious problem.
Sometimes those issues are obvious. Other times, they are buried in the details.
We come across situations like these every day, and our review process is designed to identify the flaws and inconsistencies that may not be obvious on the surface. In one case, a client planned to manufacture products, but our review showed that the lease only permitted office use. We raised the issue before completing the business plan so the client and attorney could determine how it should be addressed.
In another case, the client’s anticipated growth was not supported by the equipment, staffing, or available capital described in the documentation. We spoke with the client and explained that the financial projections needed to reflect what the business could realistically support.
We have also identified proposed services that required licenses or authorizations the client had not obtained and was not in a position to obtain. In those cases, we worked with the client and attorney to refocus the business activities and ensure the plan did not make unsupported claims.
These cases were able to move forward because the issues were identified before filing, when there was still time to address them.
That is why our process begins long before anyone starts writing.
We first take the time to understand how the business will actually operate. We review the supporting documents and compare the different parts of the case to make sure they are consistent. When questions arise, we discuss them with the client and, when appropriate, with the attorney. Sometimes those conversations uncover information that strengthens the business plan. In other situations, they reveal problems that need to be corrected before the plan is completed.
Our quality control process also begins before the business plan reaches the client. Every project goes through multiple rounds of substantive review to ensure the narrative, financials, staffing plans, timelines, charts, and supporting documentation all tell the same story. This is not simply an editorial review. We challenge assumptions, compare the different parts of the business plan, and look for details that could create problems if an immigration officer examines the case more closely.
Many of those issues are not visible on the surface. They only become apparent when the business plan and supporting information are reviewed as a whole. That is why we place so much importance on doing the work correctly the first time. Our objective is to identify and address those issues before delivering the first version to the client so that, assuming there are no pending items or requested revisions, the business plan is ready for submission.
This is precisely why the recent USCIS Policy Manual update is so significant. By restoring officers’ discretion to deny certain cases that do not establish eligibility or include the required initial evidence at the time of filing, USCIS is reinforcing the importance of getting it right from the beginning.
A case may look convincing on the surface, but if an immigration officer digs a little deeper, the seams may begin to show. Taking the time to identify those seams before a case is filed has always been part of our methodology. The new USCIS Policy Manual update simply reinforces why that approach matters.
Contact us today to get startedThe information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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