SBA has apparently (at least to some extent) followed through on its promise to “return” pending individual-owned 8(a) applications today for further applicant revisions to demonstrate social disadvantage. Indeed, we now know at least some (if not all) individual-owned 8(a) applicants got such notification and direction from SBA today. And along with it, they all apparently got a 45-day deadline! Fortunately, along with this action, SBA also provided Volume II FAQs about its social disadvantage updates–which appear to answer at least some of our remaining questions.
This SBA action directly follows SBA’s issuance of its most recent final rule (and corresponding guidance) on 8(a) social disadvantage–which itself follows the line of 8(a) Program changes originally put into effect by the Ultima decision from the Summer of 2023. If you are one of our loyal blog readers (who has not been hiding under a rock), you have already seen a plethora of blogs from us since that time with updates on these changes every step of the way–from application processing pauses, to changes in the application portal and narrative formats, to the most recent SBA plan to replace the social disadvantage narrative entirely with a brand new test for social disadvantage.
But despite our diligent following of this entire process, it has remained quite fuzzy as to how and when exactly SBA planned to implement what started as a court order and evolved to a brand new 8(a) regulation–until now. As of today, September 10, 2026, we know at least some individual-owned 8(a) applicants with pending applications got notification that their applications were being returned for revisions in line with SBA’s final rule on social disadvantage that was just issued. Obviously, we cannot confirm whether this was some kind of “mass” or “automatic” notification to anyone and everyone with a pending 8(a) application for an individual-owned small business (though SBA did initially suggest and again reiterate in its FAQs that such was the plan).
But a few things we do know for sure–along with SBA’s notification of an application’s return and direction to submit revisions: (1) SBA also provided a 45-calendar-day window for applicants to revise their applications; and (2) SBA reopened the application portal with specific prompts for demonstrating compliance with SBA’s new social disadvantage requirements.
Indeed, SBA’s notification directs applicants to review the announcements on SBA’s Certifications Home Page for a summary of the revisions, instructions on updating applications, and other helpful resources. There, you can find SBA’s August 28 FAQs on the social disadvantage rule updates, along with brand new Volume II FAQs on the social disadvantage rule updates and FAQs on the 8(a) potential for success requirements (both released today). You can read all about the August 28 Social Disadvantage Updates FAQs here. As for the Volume II FAQs on the subject, released just today, SBA first gives some guidance specifically to “8(a) Applicants in Defense-Critical Industries.” It says:
- On August 25, 2026, the U.S. Small Business Administration and the U.S. Department of War announced the establishment of the Smaller War Plants Commission.
- The Smaller War Plants Commission will end the era of dependence by putting the full weight of the federal government behind the small businesses that power our defense industrial base.
- This historic partnership will help small firms expand, innovate, and hire to deliver world-class, Made in America capabilities to our warfighters. It presents a significant opportunity for the 8(a) program to prioritize truly capable firms that keep America safe.
- The SBA will meet this challenge by prioritizing the review of 8(a) program applications from businesses operating in defense-critical industries.
- Agencies, procuring officers, and the taxpayers deserve confidence that certified 8(a) firms are truly capable of delivering. Thus, the SBA will conduct merit-based reviews of all 8(a) applicants to verify whether they meet mandatory potential for success requirements.
And it lists the NAICS codes of the defense-critical industries being “prioritized,” to include 332992 – Small Arms Ammunition Manufacturing, 332993 – Ammunition (except Small Arms) Manufacturing, 336414 – Guided Missile and Space Vehicle Manufacturing, 336413 – Other Aircraft Parts and Auxiliary Equipment Manufacturing, and other related NAICS codes.
Additionally, SBA’s Volume II Social Disadvantage Updates FAQs provide the “Steps for Pending Individually-Owned 8(a) Applications” and “What will happen” with existing applications. It says:
- Starting no earlier than September 10, 2026, SBA will return your application to allow you to establish social disadvantage consistent with the new rules. In addition, you will have the opportunity to review and update your business and financial information on record.
- Pending timely completion of the required updates and successful resubmission of your application, SBA will continue processing your current application.
It also explains that applications “will be returned through the ‘Return to Business’ (RTB) process in the SBA Certifications system[,]” which will put each such application “in an open draft status, which will enable you to make the required updates to your application.” It adds: “You will receive a system notification with further instructions once your application has been returned[,]” and suggests close monitoring of emails and SBA Certification system notifications.
Now, one of the main questions we’ve been hearing is: “Will my application retain its place in SBA’s processing queue?” And fortunately, the Volume II FAQs provide at least some kind of answer, stating:
- Generally, yes. Your original submission date will be retained in the system.
- Once you resubmit your application, we will process it from oldest to newest based on original submission date. Except for firms in defense critical industries that will receive priority review.
But in response to another common question–regarding the new processing timelines after revisions–SBA has less information to provide, noting: “Each application results in varying resource considerations, including time[,]” and “[a]s such, SBA cannot definitively estimate individual processing times for resubmitted applications.” But SBA adds that it “will review 8(a) applications while maintaining record low processing times for WOSB/EDWOSB, VOSB/SDVOSB, and HUBZone applications.”
The Volume II FAQs then detail “what other application information must be updated during the RTB process”–in addition to social disadvantage–listing four categories of information as follows:
- Submitted documents
- Financial documents. Ensure SBA has the two most recent Federal business income tax filings; three most recent Federal personal income tax filings; and current business financial statements (including a balance sheet and a profit and loss statement).
- Updated business documents. Submit any additional business documents that have been updated since your original submission (e.g., latest meeting minutes, amended Operating Agreement, etc.).
- Application questionnaire responses
- Social Disadvantage questionnaire. Questions related to the prior social disadvantage requirements will be archived, and you will be required to answer new questions.
- General application questionnaire. Review your prior responses to all other application questions and update as necessary to ensure the information on file is current and accurate.
- Contributor information
- Depending on their ownership percentage, involvement in the business, and other factors, some application Contributors may be required to update and resubmit Contributor information before you can resubmit the application.
- Additional certifications
- If your pending 8(a) application includes an application for another SBA certification, review the application information associated with the additional certification(s) to ensure it is current and accurate.
SBA’s Volume II FAQs next confirm SBA will no longer be requiring (or “desiring”) “a lengthy social disadvantage narrative[,]” and instead, “will require applicants to upload evidence and select the relevant type of governmental or private entity (state or local government, university, corporation, other) and the type of action (policy, rule, regulations, other action).” And SBA reiterates the “new standards” for establishing social disadvantage are the following three-part test:
- An individual claiming social disadvantage (“applicant”) must demonstrate that an identifiable group suffered discrimination or bias; and
- Attest that he or she was a member of such a group at the time of the governmental or private entity’s action or during the effective period of the relevant action, policy, rule, regulation, or other practice; and
- Attest that he or she suffered material harm because of that action, policy, rule, regulation, or other practice.
Finally, SBA provides the deadline for applicants to complete these require revisions, noting (and emphasizing):
- Applications must be updated and resubmitted within 45 calendar days of the RTB notification date, or the system will automatically close the application and applicants must start a new application.
- IMPORTANT: after completing your application update, you MUST navigate to the final page of the application and resubmit the application. Your response is not considered complete—and SBA will not resume processing— until you have resubmitted the application.
And for help, SBA directs applicants to “[c]ontact the SBA help desk at 1-866-443-4110 or certifications@sba.gov.”
This new FAQ does seem to essentially parrot SBA’s notification to the current applicants who did get the application returned and SBA’s direction as of today. Indeed, therein, SBA directs, “[i]f you believe your firm continues to be eligible for the 8(a) BD Program under the new standard, you must update and resubmit your open 8(a) application to establish social disadvantage under the new standard.” SBA adds and emphasizes, “PLEASE NOTE: You must complete the updates and resubmit your application within 45 calendar days[,]” and “[f]ailure to resubmit your application within 45 days will result in automatic application closure.”
So, there are at least a few things worth reiterating here. For one, anyone with a pending 8(a) application should start keeping a close eye on all emails (including spam and junk mailboxes) and all 8(a) application portal notifications starting today, September 10, 2026; it sounds like SBA started–but may not have finished–sending out these RTB notifications and directions to revise 8(a) applications today, September 10, 2026. Applicants should immediately mark their calendars for 45 calendar days out from the exact date they do receive such RTB notification and SBA direction. And finally, applicants should certainly not wait long to seek out any necessary or beneficial resources/assistance with revising their 8(a) applications–as we can only expect a flood of applicants needing help and application submissions as that date gets closer.
Need help updating your 8(a) application under the new legal standards? Questions about the 8(a) Program, social disadvantage eligibility, or this post? Email us. Need legal assistance? Call us at 785-200-8919.
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