USCIS issued Request for Evidence on your case. Here's what it means, how to respond comprehensively, and common mistakes to avoid.
USCIS issued Request for Evidence on your case. Here's what it means, how to respond comprehensively, and common mistakes to avoid.
RFE (Request for Evidence) means USCIS needs additional documentation before deciding your case. Not a denial, but serious warning requiring comprehensive response within deadline (typically 30-90 days). Address every point raised, provide exactly what's requested plus supporting evidence, organize documents clearly, and include cover letter cross-referencing RFE. Missing deadline or incomplete response results in denial.
RFE means insufficient evidence, not automatic denial
Response deadline typically 30-90 days from RFE notice date
Must address every single point raised in RFE
Organize response with tabs, cover letter, index
Submit more evidence than minimum requested
Missing deadline = automatic denial in most cases
RFE means insufficient evidence, not automatic denial
Response deadline typically 30-90 days from RFE notice date
Must address every single point raised in RFE
Organize response with tabs, cover letter, index
Submit more evidence than minimum requested
Missing deadline = automatic denial in most cases
An RFE (Request for Evidence) is a notice from USCIS asking for additional documentation before making a decision on your case.
It means the officer reviewing your application believes the evidence submitted so far is insufficient to approve, but instead of denying the case, USCIS is giving you an opportunity to strengthen it.
An RFE is not a denial, but it is a serious warning.
Many cases are approved after a strong RFE response, but only when the response is thorough and well-prepared.
RFEs often focus on one or more of the following:
Proof of specialty occupation (H-1B)
Employer–employee relationship
Employer’s financial ability to pay wages
Beneficiary’s qualifications
Proof of a genuine marriage
Evidence supporting claimed criteria (EB-1A, O-1, NIW)
Responding to an RFE is time-sensitive and should be planned carefully.
Day 0 – Receive RFE
Days 1–2 – Read the RFE thoroughly
Days 3–5 – Consult an attorney
Days 6–30 – Gather evidence
Days 31–50 – Draft response
Days 51–60 – Attorney review
Days 61–75 – Submit response
Do not wait until the last minute. A proper response often takes several weeks to prepare.
The most important rule: address every single issue mentioned in the RFE, even if you believe it is obvious or was already provided.
Never assume USCIS will “connect the dots” on its own.
Examples:
Specialty occupation requested
Detailed job description with duties
Company documentation
Industry standards
Expert opinion letter
Proof of relationship requested
Requested documents plus additional photos
Joint financial records
Affidavits
Financial evidence requested
Exact documents requested
Additional financial statements or tax records
If USCIS mentions it, respond to it explicitly.
Your response should be professional, logical, and easy for an officer to review.
Include:
A cover letter addressing each RFE point
An index or table of contents
Clearly labeled tabs or sections
A copy of the RFE notice
Evidence grouped by RFE topic
Supporting documentation
A transmittal letter
“Re: Response to Request for Evidence
Receipt Number: [Number]
RFE Date: [Date]
USCIS requested the following:
Evidence of specialty occupation – See Tab A
Proof of employer–employee relationship – See Tab B
Company financial documents – See Tab C”
This makes it easy for the officer to find exactly what they asked for.
H-1B specialty occupation
Detailed job description with daily tasks
Organizational chart
Comparable job postings requiring a degree
Expert opinion letter
Degree transcripts showing relevance
Employer–employee relationship
Employment agreement
Organizational hierarchy
Proof of supervision
Work location documentation
Project assignments
Marriage genuineness
Photos across the relationship timeline
Joint bank accounts or credit cards
Lease or mortgage with both names
Insurance beneficiary designations
Affidavits from friends or family
Avoid these common mistakes:
Missing the RFE deadline
Submitting a partial response
Ignoring any RFE issue
Sending disorganized evidence
Including irrelevant documents
Using emotional or argumentative language
Providing false or misleading evidence
Do not assume:
“They should already know this”
“This is obvious”
“We submitted this before”
“One document is enough”
If USCIS questioned it once, it must be addressed again clearly.
Some RFEs require professional legal assistance.
Consider working with an attorney if:
The RFE challenges the foundation of your case
You are unsure what evidence USCIS wants
Legal interpretation is involved
The RFE is long or complex (10+ pages)
The stakes are high (job loss, status risk, family separation)
Attorney fees for RFE responses typically range from $1,500 to $5,000, depending on complexity.
An RFE (Request for Evidence) is a notice from USCIS asking for additional documentation before making a decision on your case.
It means the officer reviewing your application believes the evidence submitted so far is insufficient to approve, but instead of denying the case, USCIS is giving you an opportunity to strengthen it.
An RFE is not a denial, but it is a serious warning.
Many cases are approved after a strong RFE response, but only when the response is thorough and well-prepared.
RFEs often focus on one or more of the following:
Proof of specialty occupation (H-1B)
Employer–employee relationship
Employer’s financial ability to pay wages
Beneficiary’s qualifications
Proof of a genuine marriage
Evidence supporting claimed criteria (EB-1A, O-1, NIW)
Responding to an RFE is time-sensitive and should be planned carefully.
Day 0 – Receive RFE
Days 1–2 – Read the RFE thoroughly
Days 3–5 – Consult an attorney
Days 6–30 – Gather evidence
Days 31–50 – Draft response
Days 51–60 – Attorney review
Days 61–75 – Submit response
Do not wait until the last minute. A proper response often takes several weeks to prepare.
The most important rule: address every single issue mentioned in the RFE, even if you believe it is obvious or was already provided.
Never assume USCIS will “connect the dots” on its own.
Examples:
Specialty occupation requested
Detailed job description with duties
Company documentation
Industry standards
Expert opinion letter
Proof of relationship requested
Requested documents plus additional photos
Joint financial records
Affidavits
Financial evidence requested
Exact documents requested
Additional financial statements or tax records
If USCIS mentions it, respond to it explicitly.
Your response should be professional, logical, and easy for an officer to review.
Include:
A cover letter addressing each RFE point
An index or table of contents
Clearly labeled tabs or sections
A copy of the RFE notice
Evidence grouped by RFE topic
Supporting documentation
A transmittal letter
“Re: Response to Request for Evidence
Receipt Number: [Number]
RFE Date: [Date]
USCIS requested the following:
Evidence of specialty occupation – See Tab A
Proof of employer–employee relationship – See Tab B
Company financial documents – See Tab C”
This makes it easy for the officer to find exactly what they asked for.
H-1B specialty occupation
Detailed job description with daily tasks
Organizational chart
Comparable job postings requiring a degree
Expert opinion letter
Degree transcripts showing relevance
Employer–employee relationship
Employment agreement
Organizational hierarchy
Proof of supervision
Work location documentation
Project assignments
Marriage genuineness
Photos across the relationship timeline
Joint bank accounts or credit cards
Lease or mortgage with both names
Insurance beneficiary designations
Affidavits from friends or family
Avoid these common mistakes:
Missing the RFE deadline
Submitting a partial response
Ignoring any RFE issue
Sending disorganized evidence
Including irrelevant documents
Using emotional or argumentative language
Providing false or misleading evidence
Do not assume:
“They should already know this”
“This is obvious”
“We submitted this before”
“One document is enough”
If USCIS questioned it once, it must be addressed again clearly.
Some RFEs require professional legal assistance.
Consider working with an attorney if:
The RFE challenges the foundation of your case
You are unsure what evidence USCIS wants
Legal interpretation is involved
The RFE is long or complex (10+ pages)
The stakes are high (job loss, status risk, family separation)
Attorney fees for RFE responses typically range from $1,500 to $5,000, depending on complexity.
Frequently Asked Questions
How long do I have to respond to RFE?
Typically 30-90 days from notice date. Exact deadline stated in RFE. Cannot be extended except extreme circumstances.
How long do I have to respond to RFE?
What if I miss RFE deadline?
Case will likely be denied. File motion to reopen if you have good cause for missing deadline.
What if I miss RFE deadline?
Can I submit partial response and rest later?
No. Submit complete response by deadline. Partial response may result in denial based on what was submitted.
Can I submit partial response and rest later?
Should I hire attorney for RFE?
Recommended for complex RFEs or high-stakes cases. Simple document requests may not need attorney.
Should I hire attorney for RFE?
What's approval rate after RFE response?
Varies by case type. Strong, comprehensive responses have good approval rates. Weak responses often result in denial.
What's approval rate after RFE response?
Varies by case type. Strong, comprehensive responses have good approval rates. Weak responses often result in denial.
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