As of October 21, 2026, the DNA suggestion in a USCIS DNA test RFE is no longer optional for the officer. Under Policy Alert PA-2026-06, issued August 5, 2026, officers must suggest DNA testing as an optional form of evidence whenever primary evidence of a claimed genetic relationship, usually a birth certificate, is unavailable, unreliable or insufficient and the officer decides more evidence is needed (USCIS, PA-2026-06). The test remains voluntary and at your expense, and refusing it should not be the only reason for a denial (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
For skilled immigrants, this matters most when a child is a derivative on your green card case, when you petition for a parent after naturalizing, or when a child born abroad seeks proof of US citizenship.
- USCIS Policy Alert PA-2026-06, dated August 5, 2026, requires officers to suggest DNA testing in an RFE when primary evidence of a claimed genetic relationship is unavailable, unreliable or insufficient and more evidence is needed.
- The guidance took effect immediately and applies to benefit requests pending or filed on or after August 5, 2026.
- USCIS says it has no statutory or regulatory authority to require DNA test results, so testing remains optional.
- The benefit requestor pays all DNA testing costs, and USCIS points requestors to a list of AABB-accredited laboratories.
- Declining DNA testing should not be the sole basis for a NOID or denial, but USCIS will not send a second RFE just to suggest DNA.
- An RFE response period can be no longer than twelve weeks under 8 CFR 103.2(b)(8)(iv), and extra time may not be granted.
- Officers should not suggest DNA testing when the evidence already submitted meets the burden of proof.
What did USCIS change in PA-2026-06?
The policy alert is titled "Suggesting DNA Testing When Issuing a Request for Additional Evidence" and amends five chapters of the USCIS Policy Manual (USCIS, PA-2026-06). Its central instruction:
"Provides that, when required primary evidence is unavailable, unreliable, or insufficient to establish the claimed genetic relationship, officers must suggest DNA testing in a request for additional evidence, in situations where a request for evidence is needed." USCIS, PA-2026-06 (August 5, 2026), Policy Highlights
The alert explains what it replaced:
"Previous USCIS policy indicated that officers may suggest DNA evidence after both primary and secondary evidence are deemed insufficient to establish the claimed genetic relationship." USCIS, PA-2026-06 (August 5, 2026), Background
USCIS says that older approach left "each directorate having varying guidance on suggesting DNA evidence, if at all" (USCIS, PA-2026-06). So two things moved: the suggestion is now mandatory rather than optional for the officer, and it comes earlier, at the first request for more evidence rather than after secondary evidence has also failed.
The guidance is "effective immediately and applies to requests pending or filed on or after the publication date" (USCIS, PA-2026-06). The main text is a new subheading, "Optional Submission of DNA Testing," in Volume 1, Part E, Chapter 6, with related edits to chapters on refugee and asylee relatives, adoptions, and children of US citizens (USCIS, PA-2026-06).
USCIS ties the change to section 9 of Executive Order 14165, Securing Our Borders (USCIS, PA-2026-06). Section 9(b) directs the Secretary of Homeland Security "to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security" (Executive Order 14165, 90 FR 8467).
When will a USCIS DNA test RFE suggest testing?
The trigger is a gap in the primary evidence of a genetic relationship. The Policy Manual says "a timely registered birth certificate issued by a civil authority is considered primary evidence of a genetic relationship" (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). When a birth certificate does not exist, cannot be obtained, or is not reliable or sufficient, the officer issues an RFE for secondary or additional evidence, and "officers must also notify the benefit requestor of the option to submit DNA testing results" (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
Three situations tend to produce that gap:
- No birth certificate. The record was never created or cannot be obtained.
- A late-registered certificate. The Policy Manual says a late-registered birth certificate "may be afforded less evidentiary weight since it is not a contemporaneous record of a birth" (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
- An unreliable or inconsistent certificate. The manual's own example is an I-130 petitioner whose birth certificate shows the mother's name amended 45 years after birth and two months before filing, which "raises fundamental questions" about the record (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
There is also a limit. Officers "should not suggest DNA testing as an additional means to verify the existence of a claimed genetic relationship in cases where the evidence submitted already meets the burden of proof" (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
The suggestion also reaches forms that do not require primary evidence of the relationship. USCIS will still suggest DNA when the record or credible testimony does not establish the relationship by a preponderance of the evidence and the officer decides an RFE is necessary, with Form I-730 as the example given (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). For what that standard means in practice, see our explainer on preponderance of the evidence.
Is DNA testing mandatory, and what happens if you say no?
It is not mandatory. The Policy Manual is direct about it:
"While USCIS does not have statutory or regulatory authority to require the submission of DNA test results, USCIS offers benefit requestors the option to pursue DNA testing when available evidence is insufficient to demonstrate the claimed genetic relationship." USCIS Policy Manual, Volume 1, Part E, Chapter 6
The regulations do let USCIS require older blood tests. Under 8 CFR 204.2(d)(2)(vi), "The director may require that a specific Blood Group Antigen Test be conducted," and refusal "may constitute a basis for denial of the petition, unless a legitimate religious objection has been established" (8 CFR 204.2, govinfo). The Policy Manual says those tests "are no longer widely available and are not as probative or reliable as" a DNA test (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
If you decline, two rules apply. First:
"DNA collection is voluntary and a benefit requestor’s decision not to include DNA evidence in a response to an RFE or other request should not be the sole basis for a NOID or denial for failure to meet the required burden of proof." USCIS Policy Manual, Volume 1, Part E, Chapter 6
Second, USCIS "will not send another RFE or other request for the sole purpose of suggesting DNA" and will decide the case on the record (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). The same passage adds that "denial is proper if the qualifying genetic relationship is not established by a preponderance of evidence" (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). Saying no is allowed, but your other evidence then has to carry the case alone.
Cost falls on you. "The decision to pursue DNA testing is voluntary and the benefit requestor is responsible for all associated expenses," and USCIS tells requestors where to find a list of AABB-accredited laboratories (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). According to AABB, the accrediting body, DNA testing for US visa, passport and citizenship cases "will be accepted only if the case is initiated directly between the petitioner and a facility that is accredited by AABB for relationship testing activities" (AABB, Relationship Testing Accreditation FAQs).
Who does this affect among skilled immigrants and their families?
Three groups of readers are most likely to see it.
Derivative children on an employment-based I-485. Each derivative files a separate Form I-485, and applicants must submit a birth certificate "issued by the appropriate civil authority" that lists at least one parent (USCIS, Form I-485 Instructions, 09/18/26). If the child's birth certificate "does not show that the principal applicant is your parent," the instructions require other proof of the parent-child relationship (USCIS, Form I-485 Instructions, 09/18/26). Our guide to how family members are covered by an EB-1 petition explains the derivative rules.
Naturalized citizens petitioning for parents. A Form I-130 for a mother requires a birth certificate naming both the petitioner and the mother as initial evidence (USCIS Policy Manual, Vol. 1, Part E, Ch. 6).
Children of US citizens claiming citizenship. The citizenship chapter now says "officers must suggest that the applicant voluntarily submit DNA test results in cases where reliable primary evidence is not available and the officer is requesting additional evidence" (USCIS Policy Manual, Vol. 12, Part H, Ch. 2).
The alert amends the USCIS Policy Manual, so it governs USCIS adjudications (USCIS, PA-2026-06). It does not, by its terms, change how consular officers abroad handle immigrant visa cases.
How does this fit with USCIS's other August 2026 evidence changes?
USCIS issued a second alert the same day. PA-2026-05, "Evidence, Requests for Evidence, and Notices of Intent to Deny," updates guidance on evidentiary standards, RFEs and NOIDs (USCIS, PA-2026-05). It says USCIS generally "has full discretion to deny the request without first issuing an RFE or NOID in various situations" (USCIS, PA-2026-05). We cover that change in denials without an RFE.
The two interact. The DNA rule applies only "in situations where a request for evidence is needed" (USCIS, PA-2026-06). The revised chapter on refugee and asylee relative petitions says so outright: officers must suggest DNA "if choosing to request additional evidence," but "can issue a NOID or deny the benefit on the merits" instead (USCIS Policy Manual, Vol. 4, Part C, Ch. 4). The DNA suggestion is a feature of the RFE, not a guarantee that you will get one.
What is the status of the DNA policy as of October 2026?
| Item | Document | Status on October 21, 2026 |
|---|---|---|
| Mandatory DNA suggestion in RFEs | PA-2026-06 (August 5, 2026) | In effect for requests pending or filed on or after August 5, 2026 |
| Policy Manual text | Vol. 1, Part E, Ch. 6; Vol. 12, Part H, Ch. 2 | Contains the new DNA language (pages current as of October 2, 2026) |
| Public feedback on PA-2026-06 | USCIS Policy Manual feedback page | Closed; August 5 to 18, 2026, extended to September 7, 2026 |
| Companion RFE and NOID policy | PA-2026-05 (August 5, 2026) | In effect; challenged in a lawsuit filed October 5, 2026 |
| DHS biometrics rule covering DNA | Proposed rule, 90 FR 49062 (November 3, 2025) | Proposed only; no final rule found |
The Policy Manual chapters with the new DNA language were current as of October 2, 2026 (USCIS Policy Manual, Vol. 12, Part H, Ch. 2). USCIS accepted feedback on the alert from August 5 to August 18, 2026, and extended that window to September 7, 2026 (USCIS, Policy Manual Feedback). The October 5, 2026 lawsuit, American Association of University Professors et al. v. U.S. Department of Homeland Security et al., challenges the May 2026 adjustment of status policy and the August 2026 RFE and NOID policy; AILA's announcement does not list the DNA alert among the policies challenged (AILA, press release, October 5, 2026). We found no court challenge to PA-2026-06 itself. Separately, a DHS rule proposed on November 3, 2025 would "codify and expand DNA testing, use and storage" (Federal Register, Collection and Use of Biometrics by USCIS). We found no final rule as of October 21, 2026.
How do you respond to an RFE that suggests DNA testing?
The timing rules are strict. A request for evidence can give at most twelve weeks to respond, and "Additional time to respond to a request for evidence or notice of intent to deny may not be granted" (8 CFR 103.2, govinfo). Under 8 CFR 103.2(b)(11), "All requested materials must be submitted together at one time," and submitting only part of the requested evidence "will be considered a request for a decision on the record" (8 CFR 103.2, govinfo).
That means DNA results, if you choose to test, have to arrive inside the same response window as everything else. USCIS frames the up-front suggestion as a way to let the requestor "provide all evidence at once" and reduce the need for another RFE (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). Our guide on how to respond to an RFE covers the deadlines in detail.
What this means for you
If each child has a timely civil birth record, little changes: officers are told not to suggest DNA when the evidence already meets the burden of proof. Where records are missing, late or inconsistent, an RFE will now offer DNA at the first request, and with denials possible without an RFE, the safest file proves each relationship from the start.
- Check every child's birth certificate: issued by a civil authority, naming the parent through whom the child qualifies.
- Note any certificate registered long after the birth, or amended, and gather contemporaneous secondary evidence before filing.
- If an RFE suggests DNA, decide quickly; the response window is capped at twelve weeks and cannot be extended.
- If you test, use an AABB-accredited laboratory and start the case directly with it, not through a third party.
- Ask your attorney whether testing helps your specific record before you commit to it.
Where to start
If you are planning an EB-1A or EB-2 NIW case that will include a spouse or children, the free evaluation compares your record with the criteria, and Frank finds real opportunities for the criteria you are missing. When you are ready, your petition is reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- USCIS, Policy Alert PA-2026-06, Suggesting DNA Testing When Issuing a Request for Additional Evidence (August 5, 2026). The new requirement, prior policy, effective date, affected sections and Executive Order 14165 link.
- USCIS Policy Manual, Volume 1, Part E, Chapter 6, Evidence (current as of October 2, 2026). "Optional Submission of DNA Testing" text, voluntary nature, costs, AABB list, refusal rules, late-registered certificates and the I-130 example.
- USCIS Policy Manual, Volume 4, Part C, Chapter 4, Documentation and Evidence (current as of October 2, 2026). DNA suggestion applies when officers choose to request evidence; NOID or denial remains possible.
- USCIS Policy Manual, Volume 12, Part H, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization (current as of October 2, 2026). Mandatory DNA suggestion for children of US citizens.
- USCIS, Policy Alert PA-2026-05, Evidence, Requests for Evidence, and Notices of Intent to Deny (August 5, 2026). Companion policy on denials without an RFE or NOID.
- Executive Order 14165, Securing Our Borders, 90 FR 8467, govinfo (January 30, 2025). Section 9(b) text on claimed familial relationships.
- 8 CFR 103.2, govinfo (January 1, 2025 edition). Twelve-week RFE limit, no extensions, and one-time complete responses.
- 8 CFR 204.2, govinfo (January 1, 2025 edition). Blood test provision in paragraph (d)(2)(vi).
- USCIS, Instructions for Form I-485 (edition 09/18/26). Birth certificate and parent-child evidence for derivative children.
- USCIS, Policy Manual Feedback (accessed October 21, 2026). Feedback window for PA-2026-06, August 5 to 18, 2026, extended to September 7, 2026.
- Federal Register, Collection and Use of Biometrics by U.S. Citizenship and Immigration Services, FR Doc. 2025-19747 (proposed rule, November 3, 2025). Proposal to codify and expand DNA testing, use and storage; no final rule found.
- AILA, New Lawsuit Challenges Administration Policies Threatening Green Card Applicants with Family Separation (October 5, 2026). Policies challenged in the October 2026 lawsuit.
- AABB, FAQs for Facilities Seeking Accreditation in Relationship Testing (accessed October 21, 2026). Immigration DNA cases must be initiated directly with an AABB-accredited facility.
Frequently asked questions
Can USCIS force me to take a DNA test?
No. The USCIS Policy Manual says USCIS does not have statutory or regulatory authority to require DNA test results and may suggest but not require them. Under PA-2026-06, officers must offer DNA testing as an option when a birth certificate is missing, unreliable or insufficient and they are requesting more evidence. You can decline, but you still have to prove the relationship by a preponderance of the evidence with whatever else you submit.
What happens if I ignore the DNA suggestion in an RFE?
USCIS says a decision not to include DNA evidence should not be the sole basis for a Notice of Intent to Deny or a denial. It also says it will not send another RFE just to suggest DNA again. The officer decides the case on the record you submit, so if your other evidence does not establish the relationship by a preponderance of the evidence, the request can still be denied.
Who pays for a DNA test suggested in a USCIS RFE?
You do. The USCIS Policy Manual says the decision to pursue DNA testing is voluntary and the benefit requestor is responsible for all associated expenses. When an officer suggests testing, USCIS also tells the requestor where to find a list of laboratories accredited by AABB, the Association for the Advancement of Blood & Biotherapies.
Does the DNA policy apply to employment-based green cards?
It can. The new guidance sits in Volume 1 of the USCIS Policy Manual, which covers USCIS benefit requests generally. A child filing Form I-485 as a derivative of an EB-1, EB-2 or EB-3 parent must prove the parent-child relationship, normally with a civil birth certificate. If that certificate is missing, unreliable or does not show the parent, an RFE may now suggest DNA testing.
Is there still time to comment on PA-2026-06?
No. USCIS's Policy Manual feedback page shows that feedback on the DNA policy alert was accepted from August 5 to August 18, 2026, a window later extended to September 7, 2026. The guidance did not wait for comments: USCIS made it effective immediately on August 5, 2026, for requests pending or filed on or after that date. As of October 21, 2026, the Policy Manual chapters still carry the new DNA language.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
