I-485 Initial Evidence Checklist for Employment Cases: What USCIS Can Now Deny Without an RFE
One missing document used to draw an RFE. Since August 2026 it can end an employment-based I-485 outright, so check every item on this list before you mail.
Part of our guide to Form I-485.
A request for initial evidence on an I-485 is a USCIS notice asking for a document that belonged in your employment-based package on the day you filed, such as your I-140 receipt or approval notice, your birth certificate, or proof of your admission and lawful status. As of November 1, 2026, officers are no longer told to send that request first. Policy Alert PA-2026-05, in effect since 2026-08-05 and challenged in court, lets USCIS deny an I-485 without an RFE when required initial evidence is missing. This checklist shows what counts as initial evidence for EB-1, EB-2 and EB-3 filers, and what each gap can cost.
Status as of 2026-11-01
- In effect, challenged: PA-2026-05 lets officers deny without an RFE or NOID when required initial evidence is missing, makes 12 weeks the RFE maximum, and covers every benefit request. AAUP v. Mullin (D. Mass. 1:26-cv-14527, filed 2026-10-05) challenges it; no ruling or injunction.
- In effect: only the 09/18/26 edition of Form I-485; the fee at 14 and older is $1,440 on paper or $1,390 online (G-1055, edition 10/26/26), by card or ACH only.
- Grace ends 2026-11-09: old I-485 filing locations (changed 2026-10-07) accept packages postmarked on or before 2026-11-09 (USCIS update).
- November chart: employment-based I-485s must use Dates for Filing; December's bulletin and chart are not published.
What is a request for initial evidence on an I-485?
A request for initial evidence is an RFE asking you to supply something USCIS requires at filing, rather than something it wants to probe further. Under 8 CFR 103.2(b)(8)(ii), when initial evidence is missing, USCIS may ask for it within a set period or deny the application for lack of it.
The Policy Manual puts it in one line: "Initial evidence is a threshold requirement to establish a basis for filing." Additional evidence is what USCIS asks for when the initial evidence is there but does not fully prove eligibility.
Before August 5, 2026, officers were instructed to issue an RFE or NOID when initial evidence was missing. PA-2026-05 reversed that: "when a benefit requestor fails to submit all required initial evidence, USCIS in its discretion may deny the benefit request for lack of initial evidence or for ineligibility or issue an RFE for the missing initial evidence." It applies to requests "pending or filed on or after" August 5, so an I-485 filed in spring 2026 and still pending is covered. Our PA-2026-05 explainer covers the policy itself.
No USCIS data yet covers decisions made after the policy (FY2026 Q4 was not posted as of 2026-11-01), so any claim that it has "caused" a wave of I-485 denials is a guess.
Rejection, request for initial evidence, RFE or denial: four different outcomes
These are not degrees of the same thing. A rejection happens at intake and erases your filing date, an RFE keeps the case alive, and a denial ends it.
Four outcomes for an employment-based I-485 (as of 2026-11)
| Outcome | Typical trigger | Filing date kept? | What happens next | Rule |
|---|---|---|---|---|
| Rejection | Unsigned form; failed payment; an edition other than 09/18/26; a required I-693 left out (USCIS "may reject") | No: "A benefit request which is rejected will not retain a filing date." | Fix and refile; a rejection "may not be appealed" | 8 CFR 103.2(a)(7) |
| Request for initial evidence | A threshold document is missing and the officer chooses to ask | Yes | One complete response by the printed deadline | 8 CFR 103.2(b)(8)(ii) |
| RFE for additional evidence, or NOID | Initial evidence filed but it does not establish eligibility | Yes | Full response; RFE at most 12 weeks, NOID 30 days | 8 CFR 103.2(b)(8)(iii)-(iv) |
| Denial without RFE or NOID | Required initial evidence missing; the officer uses PA-2026-05 discretion | Case decided | "No appeal lies from the denial of an application by the director" (8 CFR 245.2(a)(5)(ii)); a motion or new filing is an attorney question | PA-2026-05 |
A common misconception is that a missing I-693 draws an RFE. It sits in the rejection row, under a rule that predates PA-2026-05. The denial row is the new risk: the same missing birth certificate that used to draw a request can now end the case.
The employment-based I-485 initial evidence checklist
This follows the 09/18/26 Form I-485 instructions and USCIS's initial-evidence checklist, which "does not replace statutory, regulatory, and form instruction requirements." The last column is our reading of them, 8 CFR 103.2 and PA-2026-05. For assembly order and family-based items, see our general I-485 checklist of required documents.
Employment-based I-485 initial evidence (as of 2026-11, 09/18/26 edition)
| Item | Who needs it | If it is missing |
|---|---|---|
| Form I-485, 09/18/26 edition, signed by hand | Everyone | Rejection |
| Fee: $1,440 by G-1450 or G-1650 on paper, or $1,390 online (age 14+) | Everyone | Rejection |
| Copy of a photo ID (a passport, even if expired); two passport-style photos (see note) | Everyone | Request or denial |
| Birth certificate listing at least one parent (certified English translation if needed) | Everyone | Request or denial |
| Proof of your most recent admission (admission stamp, visa page, I-94) | Everyone except 245(i) filers | Request or denial |
| I-797 receipt or approval for the I-140, or the I-140 itself if filed together | Principal applicants (derivatives use the principal's notice) | Request or denial |
| Proof of continuously maintained lawful status since arrival, or of a 245(k) exemption | EB-1, EB-2 and EB-3 applicants | Request or denial |
| Supplement J | Job-offer categories, I-140 already approved (see below) | Request or denial |
| Signed statement of intent to work in the I-140 field | NIW and EB-1A self-petitioners, I-140 already approved | Request or denial |
| Form I-693 (or a partial I-693) | Most applicants | Rejection possible |
| Form I-864 or I-864EZ | Only some EB applicants | Denial |
| Police and court records, J-1 212(e) evidence, Supplement A, I-601 or I-212 | Only if they apply to you | Request or denial |
| Marriage certificate, proof prior marriages ended, child's birth certificate | Derivative spouse and children | Request or denial |
On the I-864 the instructions are blunt: failure to submit it "when required, will result in a denial of your Form I-485." It applies only to "some employment-based intending immigrants," so ask your attorney whether you are one before you file.
Photos are the one unsettled line. The 09/18/26 instructions and the checklist still list two, while USCIS said in PA-2025-29 (2025-12-12) that it will not use self-submitted photos (NAFSA summary). Ask your attorney how to handle them.
Lawful status since arrival: where F-1 and H-1B histories break
If you came as a student, this item is the likeliest to be thin. The instructions say to "Include evidence for every time you entered the United States and for the time periods spent in the United States": I-797s for every extension and change of status, every I-94, and every I-20 page with school-official notations. That list is "not limited to" those documents, so your attorney may add OPT and STEM OPT EAD cards. A period with no document behind it can read as missing initial evidence. For lost I-20s, ask your former school's international office (your DSO); whether a past problem fits the INA 245(k) exemption is a question for a licensed immigration attorney.
When does Supplement J belong in the package?
Under the 09/18/26 instructions, it belongs there when your I-140 is in a job-offer category and already approved: you "must file Form I-485 Supplement J ... together with your Form I-485." If you file with the I-140, or while it is pending, you "do not need to file Supplement J at this time," though USCIS may ask for it later.
The Supplement J page is broader. For an I-485 filed "separately based on a previously filed Form I-140," it says Supplement J goes in at filing or in answer to an RFE or NOID. With denials now possible without a request, ask your attorney which reading fits your case before you mail. Use your employer's physical address: the page warns that an attorney's address can trigger an RFE.
NIW and EB-1A applicants skip Supplement J; a self-petitioner with an approved I-140 files the statement of intent instead. Supplement J is also how you request 204(j) portability once the I-485 has been pending 180 days, covered in our Supplement J guide.
What if the I-693 is left out?
Your I-485 may be rejected. The Form I-693 page says that since December 2, 2024, a required I-693 must go in with the I-485, or USCIS may reject it. Paper filers send it in the civil surgeon's sealed envelope; online filers upload it and keep the original. The current edition is 01/20/25; our I-693 guide covers the exam itself.
Which I-485 edition does USCIS accept?
Only 09/18/26. USCIS's I-485 page says earlier editions (01/20/25 and 09/04/26) are rejected when postmarked or submitted on or after September 18, 2026, so check every page footer before you sign. Beside the address cutoff above, two intake rules matter:
- Payment: card or ACH only since 2025-10-28; checks are rejected unless you qualify for the G-1651 exemption. A concurrent I-765 is $260 with a fee-paid I-485 and an I-131 $630 on paper; the $1,050 parole fee is charged only on approval, and G-1055 waives it for adjustment applicants returning from temporary travel abroad.
- Online: a standalone employment-based I-485 can be filed online once the I-140 is filed; a concurrent I-140 and I-485 only through an attorney or accredited representative, or by an I-140 self-petitioner.
How long do I have to respond to an I-485 RFE now?
Until the deadline printed on the notice, which may be shorter than you expect. The regulation quoted in PA-2026-05 says "in no case shall the maximum response period provided in a[n RFE] exceed twelve weeks, nor shall the maximum response time provided in a [NOID] exceed thirty days," and "Additional time to respond ... may not be granted." Mailed notices add 3 days.
What PA-2026-05 changed for an I-485 (as of 2026-11-01)
| Point | Before 2026-08-05 | Since 2026-08-05 | What to do differently |
|---|---|---|---|
| Missing initial evidence | Officers were told to issue an RFE or NOID | Officers may deny, or ask | Mail a package complete on its own |
| RFE response period | Generally the full 12 weeks | 12 weeks is only the maximum | Calendar the printed date the day the notice arrives |
| Notice mailed outside the US | 14 extra days | 3 days, as for any mailed notice | Plan around the printed date |
| Partial response | A request for a decision (8 CFR 103.2(b)(11)) | Same; the policy restates it | Send every requested item in one reply |
Our I-485 RFE response guide covers building the reply.
Worked example: an EB-2 India filing in November 2026
Take a hypothetical India-born filer who moved from F-1 through OPT and STEM OPT to H-1B and holds an approved EB-2 I-140 with a 2014-09-15 priority date. In the November 2026 bulletin, EB-2 India's Dates for Filing date is 2015-01-15 and its Final Action Date 2013-11-01, so with USCIS using Dates for Filing this profile can file that month while approval waits for the Final Action Date (see what an early Dates for Filing submission gets you).
One November filing, dated (hypothetical, as of 2026-11)
| Date | Step | What can go wrong |
|---|---|---|
| 2026-10-22 | November Visa Bulletin released | Reading Final Action instead of Dates for Filing |
| 2026-10-28 | Civil surgeon signs and seals Form I-693 | Envelope opened before a paper filing |
| 2026-11-04 | Supplement J prepared with the employer (I-140 approved) | Attorney's address instead of the employer's |
| 2026-11-06 | Package mailed: 09/18/26 edition, card payment, current address | Old address after 11-09; old edition; declined card |
| Later | Receipt, biometrics, adjudication | Missing birth certificate or I-20 now risks denial |
The order of risk matters. A package rejected for a missing I-693 and refiled in December would fall under December's chart, which USCIS has not chosen. A denial could come much later: on 2026-11-01, USCIS's processing-times tool showed 80% of employment-based I-485s completed within 42.5 months at the service centers (SCOPS) and 9.5 months at field offices, and its EB inventory counted at least 225,196 pending as of 2026-10-05 (published cells only). A denial also ends what rides on the pending I-485, such as a (c)(9) EAD, advance parole and 204(j) portability. H-1B or L-1 status is separate work authorization; whether to keep it alongside the I-485 is a question for your attorney.
Before you mail: a step-by-step check
- Download Form I-485 and Supplement J from uscis.gov the week you file and confirm each footer reads 09/18/26.
- Check USCIS's Adjustment of Status Filing Charts page for your filing month, category and country.
- Book a civil surgeon through USCIS's Find a Civil Surgeon tool, and keep Form I-693 sealed for a paper filing.
- Ask your employer's immigration attorney whether Supplement J or a statement of intent belongs in this package.
- Retrieve your I-94 records from CBP's I-94 website and match each to an I-797, I-20 or DS-2019.
- Order a birth certificate that lists a parent from your country's civil authority, with a certified translation if needed.
- Pay the exact G-1055 fee with Form G-1450 (card) or G-1650 (ACH), and sign Form I-485 by hand.
- Confirm the current address on USCIS's filing-locations page, then calendar any RFE deadline the day a notice arrives.
Common mistakes
- Counting on an RFE. Since August 5, 2026, a missing document can mean denial.
- Using a saved form or a check. A pre-09/18/26 edition is rejected, and so is a check outside the G-1651 exemption.
- Gaps in the status history. One missing I-20 or I-94 from an OPT year can read as missing initial evidence.
- Partial or late RFE replies. A partial reply is a request for a decision, and the printed deadline, not "12 weeks plus 14 days", governs.
Frequently asked questions
What is a request for initial evidence on an I-485?
It is an RFE for a document that belonged in your package at filing, such as your birth certificate, I-140 notice or proof of lawful status. Under 8 CFR 103.2(b)(8)(ii) USCIS may ask for it or deny, and since PA-2026-05 took effect on 2026-08-05, officers may skip the request.
Can USCIS deny my I-485 without sending an RFE?
Yes. As of November 1, 2026, PA-2026-05, in effect since 2026-08-05, lets USCIS deny an I-485 that lacks required initial evidence without an RFE or NOID, for requests pending or filed on or after that date. AAUP v. Mullin challenges it, with no ruling yet.
Do I need Supplement J at filing?
Under the 09/18/26 I-485 instructions, yes if your I-140 is in a job-offer category and already approved, and not at that time if you file with the I-140 or while it is pending. The Supplement J page words the rule more broadly, so confirm with your attorney. NIW and EB-1A applicants do not file it.
What happens if my I-693 is missing?
It may be rejected. Since December 2, 2024, a required Form I-693 must be filed with the I-485, and a rejected filing keeps no filing date. Paper filers send it in the civil surgeon's sealed envelope; online filers upload it.
How long do I have to respond to an I-485 RFE now?
The printed deadline governs, at most 12 weeks for an RFE or 30 days for a NOID, plus 3 days if mailed. Since 2026-08-05 there are no extra 14 days for mail abroad, no extensions, and a partial response is treated as a request for a decision.
Who to ask, and what to do next
Your employer's immigration attorney decides what goes in the package and how to answer any RFE or denial; your DSO handles only F-1 records such as old I-20s. Adjustment is also discretionary: USCIS's PM-602-0199 (in effect since 2026-05-21, challenged in the same suit) calls it "a matter of discretion and administrative grace." A complete package is the part you control. If you are on OPT or H-1B and still looking for a sponsoring employer, F1Jobs can help with the search.
How we checked this: on 2026-11-01 we read PA-2026-05, the 09/18/26 I-485 instructions and checklist, the uscis.gov I-485, Supplement J, I-693 and online-filing pages, Policy Manual Vol. 1 Part E Ch. 6, 8 CFR 103.2 and 245.2, G-1055, the filing-location updates and the November filing chart.
This is general information, not legal or tax advice; your own notices, I-94 and I-20s, and your attorney or DSO, govern your case.
Sources
- USCIS Policy Alert PA-2026-05 (2026-08-05)
- USCIS, Form I-485 and I-485 instructions, 09/18/26
- USCIS, Checklist of Required Initial Evidence for Form I-485
- USCIS, Form I-485 Supplement J and Form I-693
- USCIS Policy Manual, Volume 1, Part E, Chapter 6
- USCIS, G-1055 fee schedule and filing-location updates
- USCIS, Forms available to file online
- USCIS, Adjustment of Status Filing Charts
- USCIS processing times and EB I-485 inventory, October 2026
- USCIS PM-602-0199 (2026-05-21)
- 8 CFR 103.2 and 8 CFR 245.2 (Cornell LII)
- NAFSA on PA-2025-29 photos
- BAL on AAUP v. Mullin
Frequently asked questions
What is a request for initial evidence on an I-485?
It is an RFE for a document that belonged in your package at filing, such as your birth certificate, I-140 notice or proof of lawful status. Under 8 CFR 103.2(b)(8)(ii) USCIS may ask for it or deny, and since PA-2026-05 took effect on 2026-08-05, officers may skip the request.
Can USCIS deny my I-485 without sending an RFE?
Yes. As of November 1, 2026, PA-2026-05, in effect since 2026-08-05, lets USCIS deny an I-485 that lacks required initial evidence without an RFE or NOID, for requests pending or filed on or after that date. AAUP v. Mullin challenges it, with no ruling yet.
Do I need Supplement J at filing?
Under the 09/18/26 I-485 instructions, yes if your I-140 is in a job-offer category and already approved, and not at that time if you file with the I-140 or while it is pending. The Supplement J page words the rule more broadly, so confirm with your attorney. NIW and EB-1A applicants do not file it.
What happens if my I-693 is missing?
It may be rejected. Since December 2, 2024, a required Form I-693 must be filed with the I-485, and a rejected filing keeps no filing date. Paper filers send it in the civil surgeon's sealed envelope; online filers upload it.
How long do I have to respond to an I-485 RFE now?
The printed deadline governs, at most 12 weeks for an RFE or 30 days for a NOID, plus 3 days if mailed. Since 2026-08-05 there are no extra 14 days for mail abroad, no extensions, and a partial response is treated as a request for a decision.