When applying for a U.S. employment-based visa, receiving a Request for Evidence (RFE) can be intimidating, but it's important to remember that an RFE is not a denial. Instead, it’s a request from the U.S. Citizenship and Immigration Services (USCIS) for additional information to make a more informed decision on your case. RFEs are a common part of the visa application process, especially for high-skilled visas like the O-1, H-1B, EB-1, and EB-2 NIW.
In this blog, we'll explore what an RFE is, why you might receive one, and how to effectively respond. We’ll also provide examples of common RFEs across different visa categories to give you a clearer picture of what to expect.
What is an RFE?
An RFE is a formal notice from USCIS requesting additional evidence to support your immigration petition. It does not mean that your case has been denied, nor does it mean that your initial application was insufficient. Often, USCIS requires clarification or further documentation to meet the stringent criteria for employment visas. It’s a standard tool used by immigration officers to gather all necessary information before making a final decision.
Why Did I Receive an RFE?
There are several reasons USCIS may issue an RFE, including:
- Missing or incomplete documentation
- Insufficient evidence to meet specific visa requirements
- Ambiguities or inconsistencies in the application
- Requests for clarification of complex case details
The good news is that USCIS will specify exactly what additional information is required, and you’ll have an opportunity to provide it. However, it’s crucial to respond in a timely and thorough manner, as failure to do so may result in the denial of your petition.
Common RFE Examples by Visa Type
- O-1 Visa
- Example 1: Critical Role in a Distinguished Organization: USCIS may request additional documentation to substantiate claims that you played a critical or essential role in a prestigious organization. For example, if you applied for an O-1 visa in the field of arts and listed work with a renowned theater company, USCIS may ask for further proof that your role was indeed "critical" by requesting organizational charts, peer testimonials, or detailed descriptions of your responsibilities and contributions.
- Example 2: Judging the Work of Others: In some cases, USCIS may question whether your participation as a judge or evaluator in your field was significant enough to meet the O-1 criteria. You may be asked to provide additional evidence, such as details about the judging process, the event's prestige, or testimonials from industry leaders confirming the importance of your role.
- H-1B Visa
- Example 1: Educational Requirements: H-1B visa applicants must demonstrate that the job being offered requires a degree in a specific specialty, and that the beneficiary holds that degree. An RFE may request additional proof that your degree matches the field of work or that your occupation qualifies as a specialty occupation. For example, if you applied as a software engineer but hold a degree in physics, USCIS might ask for clarification on how your education aligns with the job’s requirements.
- Example 2: Employer-Employee Relationship: Another common RFE for H-1B applicants concerns the nature of the employer-employee relationship, especially for consulting firms. USCIS may request evidence such as contracts or letters from the client to ensure that the employer controls your work assignments and that a legitimate employer-employee relationship exists.
- EB-2 NIW (Green Card)
- Example 1: National Interest Criteria: For an EB-2 NIW, you must prove that your work benefits the U.S. national interest. USCIS might issue an RFE if they believe the evidence is insufficient. They may ask for additional letters of recommendation or expert testimony that demonstrate how your work impacts the U.S. economy, healthcare system, or another area of national importance.
- Example 2: Advanced Degree Equivalency: If your degree was earned outside the U.S., USCIS might question its equivalency to a U.S. advanced degree and ask for a credential evaluation report or additional educational transcripts.
- EB-1 Visa (Green Card)
- Example 1: Sustained National or International Acclaim: EB-1 petitions for individuals with extraordinary ability often require proof of sustained national or international acclaim. An RFE might request more substantial evidence, such as media coverage, awards, or endorsement letters from recognized figures in your field, to demonstrate the ongoing impact of your contributions.
- Example 2: Multinational Executive/Manager: If you are applying under the EB-1 category for multinational executives or managers, USCIS may request additional information about your role within the foreign company and the U.S. company, including organizational charts and detailed job descriptions to confirm your managerial duties.
How to Respond to an RFE
- Read the RFE Carefully: Take your time to thoroughly review the RFE notice. Identify which documents USCIS is asking for and understand the specific criteria they want additional proof for.
- Consult Your Immigration Attorney: Discuss the RFE with your attorney, especially if the RFE is complex or requests a significant amount of additional evidence. Your attorney can help strategize the best way to respond, and ensure that you provide all required information in the correct format.
- Gather Additional Evidence: Collect any requested documents and make sure they directly address the issues raised in the RFE. For example, if USCIS is questioning your role in a company, provide detailed letters from superiors, organizational charts, and past performance reviews that clearly show your responsibilities.
- Write a Clear, Organized Response: Include a copy of the RFE notice and a response that directly addresses each point USCIS raised. Be concise and organized in your presentation, ensuring all evidence is clearly labeled and referenced.
- Submit Before the Deadline: RFEs come with strict deadlines, typically around 90 days. Submit your response before the deadline to avoid an automatic denial.
Conclusion
RFEs are a normal part of the visa application process, especially for employment-based visas. While receiving one can be stressful, it’s an opportunity to strengthen your case by providing additional evidence. By understanding why RFEs are issued and how to respond effectively, you can greatly increase your chances of success.
If you’ve received an RFE or are preparing to submit an employment visa petition, working with experienced immigration counsel can make all the difference. The key to success is a well-prepared response that thoroughly addresses each point raised by USCIS. Work with Alma to put your best foot forward; fill this assessment page for a free attorney consultations: www.tryalma.com/get-started
Frequently Asked Questions
Pegah Karimabakhsh Asli is an Associate Attorney at Alma, where she advises startups, founders, and enterprise clients on a wide range of employment-based immigration matters. She has extensive experience preparing and filing petitions across key categories, including TN, H-1B, L-1, O-1, EB-1, NIW, and Adjustment of Status (AOS), and provides strategic counsel to clients navigating complex immigration pathways.
Before joining Alma, Pegah worked at Fragomen in Silicon Valley, where she supported multinational corporations and high-growth companies with business immigration strategy and case management.
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