- USCIS restored officer authority to deny employment-based petitions immediately if they lack sufficient evidence.
- The policy change makes complete initial evidence essential to avoid denials without a prior request for evidence.
- Filing fees for Form I-one forty increased to seven hundred fifteen dollars as of early twenty twenty-six.
USCIS restored authority on August 5, 2026, to deny employment-based immigrant petitions without first requesting missing evidence. The change directly affects workers and employers preparing Form I-140, the Immigrant Petition for Alien Workers.
The agency said adjudicators may deny a case without an RFE or NOID when the filing does not establish eligibility or lacks required initial evidence. USCIS stated:
“Generally, if a benefit requestor fails to demonstrate eligibility. or fails to provide all required initial evidence when filing. USCIS may deny their immigration benefit request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).”
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An approved petition does not itself confer permanent residence. It establishes eligibility for an employment-based immigrant classification, after which the worker must pursue adjustment of status in the United States or consular processing abroad.
The route depends on the worker’s category, the sponsoring arrangement and visa availability. Some applicants may file independently. Others need an employer, a labor certification and a qualifying permanent job offer.
The petition establishes eligibility, not a green card
The petition asks the government to classify a foreign worker under an employment-based immigrant preference category. The worker still needs an immigrant visa number and a separate final residence process.
Inside the United States, that next application is Form I-485, Application to Register Permanent Residence or Adjust Status. Abroad, the applicant proceeds through immigrant visa processing, which generally involves the consular route and the Department of State’s visa system.
The agency’s Form I-140 page identifies the filing as the employer petition used to seek permanent residence for a foreign worker. The classification requested controls the evidence and sponsorship requirements.
A petition approval can therefore precede the final green card stage by months or longer. Visa demand and country-specific limits can affect when the worker may continue.
EB categories divide workers by qualification and sponsorship
The three main preference groups cover different kinds of employment-based cases. Their requirements are not interchangeable.
| Category | Main classifications | Sponsorship or labor-certification point |
|---|---|---|
| EB-1 | EB-1A extraordinary ability; EB-1B outstanding professors and researchers; EB-1C multinational managers or executives | EB-1A permits a qualifying individual to file without an employer; the other classifications generally involve an employer |
| EB-2 | Professionals with advanced degrees and people of exceptional ability | PERM generally applies unless USCIS grants a National Interest Waiver |
| EB-3 | Skilled workers, professionals and other workers | A qualifying job offer and PERM generally apply |
An EB-1A applicant must show extraordinary ability under the applicable requirements. Outstanding professors and researchers, along with certain multinational managers or executives, use separate subcategories.
An EB-2 National Interest Waiver can remove the job-offer and labor-certification requirements when granted. That exception permits the worker to file independently.
EB-3 cases cover three broad groups: skilled workers, professionals and other workers. Commercial Motor Vehicle operators in that category must provide English-language proficiency evidence under Executive Order 14286, beginning June 15, 2026.
Employers usually file, but some workers can file themselves
A U.S. employer normally submits the petition for an employee. The employer must support the qualifying job opportunity and provide the evidence required for the requested classification.
Two important exceptions allow self-petitioning. A qualifying EB-1A applicant may file without a sponsoring employer. A qualifying EB-2 applicant may also file independently when requesting a National Interest Waiver.
The waiver does not apply automatically. USCIS must grant it before the case can proceed under that exception. Applicants should match the evidence to the particular category rather than treat all employment petitions as employer filings.
PERM comes before many employer-sponsored cases
Permanent labor certification, commonly called PERM, is required in many employer-sponsored EB-2 and EB-3 cases. The Department of Labor handles that certification before the employer submits the immigrant petition.
The sequence is different when the classification does not require labor certification. EB-1A cases and qualifying National Interest Waiver cases are examples in which PERM is not required.
That distinction changes both the filing sequence and the person who controls the petition. A case that requires PERM generally begins with the employer’s labor-certification process. A qualifying waiver or extraordinary-ability case may move directly to the petition stage.
The priority date controls when the case can move forward
The priority date marks the worker’s place in the visa queue. In a labor-certification case, it generally relates to the date the Department of Labor accepts the permanent labor-certification application for processing.
When labor certification is not required, the date generally connects to the proper filing of the immigrant petition. The worker then compares that date with the Department of State Visa Bulletin and the applicable USCIS adjustment filing chart.
Approval alone does not guarantee an immediately available visa number. The EB-1 category for India reached its per-country limit in August 2026, with visas unavailable for that group until the fiscal year begins on October 1, 2026.
An approved petition can remain valid while the beneficiary waits for availability. The timing depends on the category, chargeability and the government’s published visa-availability rules.
Filing costs and online submission rules changed in 2026
Fees adjusted for inflation on March 1, 2026. As of August 2026, the base filing fee is $715.
The asylum program fee depends on the petitioner’s organization:
| Petitioner | Asylum program fee |
|---|---|
| Employer with more than 25 full-time equivalent employees | $600 |
| Small employer with 25 or fewer employees | $300 |
| Non-profit organization | $0 |
Premium processing through Form I-907 costs $2,965 as of August 2026. USCIS says the service guarantees action within 15 business days for most categories. It does not guarantee approval or immediate visa availability.
DHS introduced an interim final rule on August 10, 2026, requiring electronic filing for forms available online for at least 180 days. The petition is currently available online, and paper submissions may soon require a hardship waiver.
Applicants and petitioning employers should check the current filing instructions before sending a paper package. Fees and filing procedures can change.
Complete initial evidence now carries greater weight
The August 5 policy alert, PA-2026-05, restored full discretion for adjudicators to deny a petition without first issuing an RFE or NOID.
That policy makes the initial package especially important. The filing should identify the requested category, establish the worker’s qualifications and include the required supporting documents at submission.
A placeholder filing can fail before the petitioner has an opportunity to supplement it. Missing evidence is not merely a delay risk under the stated policy; it can lead directly to denial.
The agency’s Policy Manual guidance supplies the framework for immigrant petitions. Evidence requirements still vary by classification, so the supporting record should follow the category rather than a generic checklist.
Processing times do not decide visa availability
USCIS reported a median regular-processing time of 3.7 months as of May 31, 2026, and a median premium-processing time of 1.1 months. Those figures describe petition adjudication, not the full wait for permanent residence.
The visa queue can remain the controlling issue after approval. A worker may have an approved petition but still need to wait until the priority date becomes eligible under the relevant bulletin and filing chart.
The petition and final residence application are separate decisions. USCIS reaffirmed that point in policy memorandum PM-602-0199 on May 21, 2026, describing adjustment of status as “extraordinary relief” and a matter of “discretion and administrative grace,” not an entitlement.
The memorandum states:
“Adjustment of status is not an entitlement. it is an extraordinary form of relief that permits applicants to dispense with the ordinary consular visa process.”
What happens after approval
The next step depends on the worker’s location and visa availability.
- Check the priority date. Compare it with the current Visa Bulletin and the USCIS adjustment filing chart.
- File inside the United States when eligible. Concurrent filing may be available when a visa number is immediately available and the applicant otherwise qualifies.
- Use the consular route abroad when appropriate. An applicant outside the United States generally continues through the immigrant-visa process.
- Apply separately for work authorization if eligible. A petition approval is not a work permit. An applicant with a pending adjustment case may request an EAD with Form I-765.
- Review any proposed job change carefully. Portability rules can protect certain applicants whose adjustment applications have remained pending for the required period and who move to a same or similar occupational classification.
The petition does not automatically follow an employee to every new job. Employer-sponsored cases rest on a qualifying job opportunity, and a change should be evaluated against the applicable portability rules.
Concurrent filing is not available simply because the petition has been submitted or approved. The relevant priority date must also be eligible, and the applicant must satisfy the adjustment requirements.
Applicants should confirm the category, supporting evidence, current fee and filing channel before submission. Processing times and fees are subject to change; verify current requirements at uscis.gov.
