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• USCIS Expands Officer Discretion to Deny Cases Without RFEs
• New H-1B Order Increases Focus on Employer Layoffs and Hiring Practices
• Australia Revises Processing Priorities for Skilled Visas
• UK Introduces Mandatory Multi-Factor Authentication for Visa Sponsors

USCIS Expands Officer Discretion to Deny Cases Without RFEs

U.S. Citizenship and Immigration Services has issued new policy guidance giving officers broader discretion to deny immigration benefit requests without first issuing a Request for Evidence or Notice of Intent to Deny. The policy is effective immediately and applies to cases pending or filed on or after its publication date. 

Under the previous policy, officers were generally instructed to issue an RFE or NOID when additional evidence could potentially establish eligibility. USCIS has now shifted away from that approach, emphasizing that applicants and petitioners bear the burden of establishing eligibility and submitting all required initial evidence when filing. The earlier policy had specifically favored RFEs and NOIDs where additional evidence could demonstrate eligibility. 

Under the updated guidance, USCIS may deny a case without first providing an opportunity to submit additional evidence when required initial documentation is missing or the filing otherwise fails to establish eligibility. 

The policy also changes response practices when USCIS does issue an RFE or NOID. RFE response periods may now vary rather than routinely providing the maximum 12 weeks, while NOID response periods cannot exceed 30 days. USCIS is also eliminating the additional 14 days previously provided for notices mailed internationally, instead applying the regulatory three-day mailing allowance. 

Impact: The change increases the importance of submitting complete, well-documented immigration filings from the outset, although USCIS still has discretion to determine that a filing does not establish eligibility even if all relevant evidence has been submitted with the initial filing. Employers and foreign nationals should not assume that USCIS will provide an opportunity to correct missing evidence through an RFE, making careful preparation particularly important for H-1B, L-1, I-140, I-485, and other benefit requests. 

New H-1B Order Increases Focus on Employer Layoffs and Hiring Practices

The White House has issued a new executive order directing federal agencies to increase coordination and scrutiny of employer layoffs when reviewing H-1B petitions, Labor Condition Applications, visa applications, and admission to the United States. The September 18 order represents a separate policy development from the ongoing litigation over the $100,000 H-1B proclamation fee.

Under the order, the Departments of Homeland Security, Labor, and State must consider whether an H-1B employer directly or indirectly conducted layoffs during the previous year or plans future layoffs that negatively affect similarly situated U.S. workers. The agencies are also directed to coordinate with the Departments of Commerce and Education and the Small Business Administration when reviewing H-1B matters. While the Executive Order does not say that every layoff automatically results in an H-1B denial, it expressly makes those workforce decisions part of the government’s review.

The Department of Labor’s Wage and Hour Division must also begin reviewing previously submitted LCA data within 30 days to determine whether further action against sponsoring employers may be warranted. The order itself does not automatically revoke existing LCAs or H-1B approvals or establish a new labor certification requirement. The Executive Order also authorizes the designated agencies to issue rules, policies, and operational guidance to implement these directives, consistent with applicable law.

The executive action accompanied a separate proclamation extending the Administration’s $100,000 H-1B payment policy through September 21, 2027. However, that fee policy was previously vacated by a federal district court, and collection remains subject to ongoing litigation. It’s possible that the government could argue that the extension creates an independently enforceable requirement. If it does, the courts may need to clarify quickly whether the existing judgment covers that action. The appeal remains pending, and we’ll need to pay close attention to whether USCIS attempts to collect under the new proclamation.

Impact: Employers sponsoring H-1B workers should expect greater attention to layoffs, wages, and hiring practices. Organizations that have recently conducted or are planning workforce reductions should maintain clear documentation showing how affected positions compare with sponsored H-1B roles and be prepared for increased agency scrutiny. Now may also be a time to conduct an internal audit of the Public Access Files with immigration counsel.

Australia Revises Processing Priorities for Skilled Visas

Australia has introduced new processing priorities for temporary and permanent skilled visa applications, with Ministerial Directions 121 and 122 taking effect September 19, 2026. The new framework replaces Ministerial Direction 119 and applies to both new applications and qualifying cases already awaiting a decision. 

Importantly, the changes affect processing order rather than visa eligibility requirements or occupation lists. 

For Subclass 482 Skills in Demand applications, the new priority order is: 

• Applications involving priority sectors, including construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement, and defence 
• Specialist Skills Stream applications 
• Other applications filed by individuals who were in Australia when applying 
• Unaccompanied offshore applicants 
• All remaining applications 

Ministerial Direction 122 establishes a similar framework for several permanent and regional skilled categories, including Subclass 186 Employer Nomination Scheme and Subclass 494 Skilled Employer Sponsored Regional applications. Priority is first given to designated sectors, followed by other onshore applicants, unaccompanied offshore applicants, and remaining cases. 

The Department of Home Affairs cautions that processing times may temporarily fluctuate as existing applications are reorganized under the new priorities. Current Subclass 482 guidance already reflects separate processing queues for the new priority groups. 

Impact: The revised framework may accelerate processing for employers recruiting workers in newly prioritized industries and through the Specialist Skills Stream. Employers should also consider whether an applicant is onshore or offshore and whether family members are included, as these factors can affect processing priority under the new system. 

UK Introduces Mandatory Multi-Factor Authentication for Visa Sponsors

The UK Home Office is rolling out mandatory multi-factor authentication for users of the Sponsorship Management System, or SMS, as part of broader changes to how employers and educational institutions manage sponsor licence access. 

The phased rollout began September 3, 2026, with the Home Office expecting MFA to be enabled for all sponsors by November. Organizations granted a new sponsor licence on or after September 9 already have the requirement in place. 

Once enabled, SMS users must provide their username and password plus a one-time passcode each time they access the system. Level 1 Users with a valid mobile number generally receive the code by text, while other eligible users receive it by email. Sponsors should ensure that dates of birth, mobile numbers, and email addresses associated with SMS accounts are accurate. 

The Home Office is also phasing out Level 2 Users. Sponsors can no longer appoint new Level 2 Users as of September 9. Existing Level 2 Users must either be converted to Level 1 Users, if eligible, or deactivated by March 8, 2027. 

Sponsors must maintain at least one eligible Level 1 User and should regularly review account activity. The Home Office also warns that passwords and MFA passcodes cannot be shared, with noncompliance potentially placing the sponsor’s licence at risk. 

Impact: Employers should treat the MFA rollout as an opportunity to audit their broader SMS access arrangements. Updating user information, maintaining sufficient Level 1 coverage, and addressing existing Level 2 accounts early can help prevent access problems that could disrupt sponsorship activities.