Got an H-1B RFE? Here is what it means and what to do next.

What is an H-1B RFE?

A Request for Evidence (RFE) is a notice from USCIS asking for additional documentation to support your H-1B petition. USCIS issues RFEs when the initial filing does not include enough evidence to approve the case.

You typically have 87 days to respond. Missing the deadline or submitting a weak response can result in denial, so the quality of the response matters as much as the speed.

An RFE on a pending case is different from a denial. A denial on a prior H-1B does not prevent you from filing again, but it does require a stronger strategy the second time. Alma has a strong track record of helping applicants who received prior denials or RFEs at other firms achieve approvals on refile.

The most common H-1B RFE types

Specialty Occupation

USCIS may question whether the offered position requires a bachelor's degree in a specific specialty. This is the most common H-1B RFE type. A strong response includes the job description, industry evidence, employer organizational structure, and evidence that degree-level knowledge is required to perform the role.

Employer-Employee Relationship

For staffing arrangements or third-party placements, USCIS may request evidence that a legitimate employer-employee relationship exists, including control over the beneficiary's work and supervision. End-client letters, contracts, and work orders are typically required.

Wage Level

USCIS may question whether the offered wage matches the complexity of the role. If the petition was filed at a lower prevailing wage level, additional evidence tying the role's responsibilities to that wage tier may be required.

Itinerary or Work Location

If work is performed at multiple client sites or locations, USCIS may request an itinerary or evidence of specific assignments. This is common in consulting, staffing, and project-based roles.

What a strong RFE response looks like

An effective H-1B RFE response addresses every USCIS concern head-on, with organized exhibits and a legal brief that ties the evidence directly to the standard being evaluated. It does not simply mean adding more documents, but building a clear, well-argued case.

At Alma, every RFE response is drafted and reviewed by a licensed immigration attorney. Alma's intelligence layer tracks RFE trends and USCIS adjudication patterns to inform the argument strategy, flagging what kinds of evidence have been most effective for similar cases. The legal judgment, the brief, and the filing are always attorney-led.

A well-prepared initial petition reduces the chance of an RFE in the first place. Firms with lower RFE rates tend to invest more in evidence quality, petition structure, and adjudication pattern analysis at the filing stage.

How Alma approaches H-1B RFEs and helps you avoid them

Alma's goal is to file petitions that do not generate RFEs. That means building complete, evidence-rich filings the first time.

For cases that do receive an RFE, Alma assigns the same attorney who filed the petition to lead the response. You do not get handed off to a paralegal or a new team member mid-case.

• Attorney-led RFE response from filing through resolution
• Intelligence from thousands of prior H-1B cases to inform strategy
• Clear evidence checklist and brief drafted within your response window
• Real-time case tracking so you always know what has been filed and what comes next
• Premium processing available to reduce USCIS adjudication time after response submission

A track record built on strong filings

98%+ approval rate across all Alma cases*, including H-1B, O-1A, EB-1A, and EB-2 NIW.

*Past results do not guarantee future outcomes.

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"An RFE can be stressful and disorienting, but Alma handled it with exceptional expertise and composure. I'd wholeheartedly recommend Alma to anyone navigating talent immigration, whether you're just exploring your options or deep in the process."

— Shivam Akhauri

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"Their team is super responsive and really knows their stuff. They took my achievements and turned them into a killer application."

 — Temirulan Mussayev, Deep Infra Inc. (LinkedIn)

Frequently Asked Questions About H-1B RFE

Is an RFE the same as a denial?

No. An RFE is a request for more information and your petition is still pending. A denial occurs only if USCIS issues a formal denial notice after reviewing your response, or if you fail to respond within the deadline. Most well-supported RFE responses result in approvals.

How long do I have to respond to an H-1B RFE?

USCIS typically provides up to 87 days to respond. The sooner you engage an attorney, the more time your legal team has to build a complete response. Starting immediately after receipt is strongly advisable.

Can I work while my H-1B RFE is pending?

If the basis of the H-1B filing is a change of employer, extension, or amendment, generally speaking you may continue working under your prior approved H-1B while the response is pending. If the RFE is on an initial petition and you do not yet have an approved H-1B, you cannot begin work. Consult your attorney for your specific situation.

What is the best firm for an H-1B with a strong approval and low-RFE track record?

Alma's 98%+ approval rate and evidence-first filing approach reflect how we approach every petition. Alma's attorneys build petitions designed to stand up at adjudication - not petitions that assume an RFE will follow. If you have received an RFE at another firm and want a second opinion, or if you are evaluating firms before filing, reach out for an honest assessment.

My H-1B was denied. Can I refile?

A prior denial does not permanently bar you from refiling. A refile requires a stronger strategy, one that addresses the USCIS concerns from the denial directly. Alma has helped clients achieve approvals after prior denials and RFEs at other firms. Book a consultation to discuss your specific history and options.

What if I received an H-1B lottery rejection?

An H-1B lottery rejection is not an RFE or denial. It means your registration was not selected in the annual cap lottery. If you were not selected, you may be eligible for cap-exempt H-1B filing through certain employers, or alternative paths such as O-1A, TN, L-1, or employment-based green cards depending on your background and employer. Alma can walk you through your options in a consultation.

87 days go by fast. Get a clear plan before the window closes.

Whether you have a pending RFE, a prior denial, or you are evaluating firms before filing, Alma's attorneys will give you a straight answer about your options and your odds.