USCIS Insists Memo Targets Frivolous Filings, Not Simple Mistakes

9/13/18 – During the public stakeholder teleconference, the USCIS emphasized that the new RFE / NOID policy is not intended to penalize filers for “innocent” mistakes.
According to USCIS, the policy is meant to allow adjudicators to exercise discretion to deny cases that are frivolous and/or “substantially incomplete.”
USCIS is seeking to discourage parties from filing cases with a bare minimum of documentation, with the intention of providing the substantive documents later after an RFE is issued.
USCIS plans to publish checklists on the USCIS website that will detail the initial evidence required for each case type (e.g., H1B, L-1).
The USCIS is stating that this memo should not impact standard filings, even if the applicant or petitioner inadvertently fails to provide a relevant document or two.
The memo is targeting those who purposefully file cases without the required documents, which drains USCIS resources.
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