USCIS RFE Response: How to Answer Request for Evidence Without Getting Denied
USCIS issued Request for Evidence on your case. Here's what it means, how to respond comprehensively, and common mistakes to avoid.
Quick Answer
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 can result in denial. Hire attorney for complex RFEs.
Key Takeaways
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
Key Takeaways
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
Table of Content
What RFE Means
RFE is USCIS request for additional evidence before making decision. Officer reviewing your case determined submitted evidence is insufficient to approve but is giving you opportunity to provide more.
Common RFE topics:
Proof of specialty occupation (H-1B)
Evidence of employer-employee relationship
Financial ability to pay wages
Beneficiary qualifications
Proof of genuine marriage
Evidence supporting claimed criteria (EB-1A, O-1)
RFE isn't denial. Many cases with RFEs are approved after proper response. But it's serious warning requiring comprehensive action.
Understanding RFE Notice
RFE notice is detailed letter specifying exactly what USCIS needs. Read it carefully, multiple times. Highlight every specific request. Note the deadline (usually shown in days from notice date).
RFE structure:
Summary of issue
Specific evidence required
Deadline to respond
Instructions for submission
Some RFEs are short (1-2 pages requesting specific document). Others are extensive (10+ pages questioning entire case foundation).
Response Timeline
Action | Timing |
|---|---|
Receive RFE | Day 0 |
Read thoroughly | Days 1-2 |
Consult attorney | Days 3-5 |
Gather evidence | Days 6-30 |
Draft response | Days 31-50 |
Attorney review | Days 51-60 |
Submit response | Days 61-75 |
Buffer before deadline | Days 76-90 |
Don't wait until last minute. Comprehensive responses take weeks to prepare properly.
Addressing Every Point
Critical rule: address EVERY single point raised in RFE, even if you think it's unnecessary or already provided.
If RFE asks for:
Evidence of specialty occupation: Provide detailed job description, company documentation, industry standards, expert opinion letter
Proof of relationship: Provide requested plus additional photos, joint documents, affidavits
Financial evidence: Provide exact documents requested plus additional supporting financials
Never assume "this should be obvious" or "we already showed this." If RFE mentions it, address it explicitly.
Organizing Response
Submit organized, professional response package.
Include:
Cover letter listing each RFE point and where response is found
Index/table of contents
Tabs separating sections
Copy of RFE notice
Evidence organized by RFE topic
Supporting documents
Transmittal letter
Example cover letter structure: "Re: Response to RFE dated [date] Receipt Number: [number]
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
We provide the following evidence..."
Common RFE Topics and Responses
H-1B specialty occupation:
Detailed job description with daily tasks
Organizational chart showing position
Similar job postings requiring degree
Expert opinion letter from industry professional
Degree transcripts showing relevance
Employer-employee relationship:
Employment contract
Organizational hierarchy
Day-to-day supervision evidence
Work location proof
Project assignments
Ability to pay (I-140):
Tax returns (3 years)
Annual reports
Audited financial statements
Bank statements
Profit/loss statements
Marriage genuineness:
Photos spanning relationship
Joint financial accounts
Lease with both names
Insurance beneficiaries
Affidavits from friends/family
What NOT to Do
Don't:
Miss the deadline
Provide partial response
Ignore any RFE point
Submit disorganized documents
Include irrelevant materials
Argue with USCIS in response
Use emotional language
Provide false evidence
Don't assume:
"They should know this"
"This is obvious"
"We submitted this before"
"One document is enough"
Attorney Help
Complex RFEs warrant attorney assistance. Attorneys experienced with specific RFE types know exactly what USCIS wants to see.
Consider attorney if:
RFE questions case fundamentals
You're unsure what evidence to provide
Case involves legal interpretation
RFE is lengthy (10+ pages)
High stakes (job at risk, family separation)
Attorney fees for RFE response: $1,500-$5,000 depending on complexity.
After Submitting Response
Timeline:
USCIS confirms receipt (tracking number)
Officer reviews response
Decision made (weeks to months)
Approval, denial, or additional RFE
If approved, congratulations. If denied, evaluate appeal/motion options with attorney. If another RFE issued, start process again.
What RFE Means
RFE is USCIS request for additional evidence before making decision. Officer reviewing your case determined submitted evidence is insufficient to approve but is giving you opportunity to provide more.
Common RFE topics:
Proof of specialty occupation (H-1B)
Evidence of employer-employee relationship
Financial ability to pay wages
Beneficiary qualifications
Proof of genuine marriage
Evidence supporting claimed criteria (EB-1A, O-1)
RFE isn't denial. Many cases with RFEs are approved after proper response. But it's serious warning requiring comprehensive action.
Understanding RFE Notice
RFE notice is detailed letter specifying exactly what USCIS needs. Read it carefully, multiple times. Highlight every specific request. Note the deadline (usually shown in days from notice date).
RFE structure:
Summary of issue
Specific evidence required
Deadline to respond
Instructions for submission
Some RFEs are short (1-2 pages requesting specific document). Others are extensive (10+ pages questioning entire case foundation).
Response Timeline
Action | Timing |
|---|---|
Receive RFE | Day 0 |
Read thoroughly | Days 1-2 |
Consult attorney | Days 3-5 |
Gather evidence | Days 6-30 |
Draft response | Days 31-50 |
Attorney review | Days 51-60 |
Submit response | Days 61-75 |
Buffer before deadline | Days 76-90 |
Don't wait until last minute. Comprehensive responses take weeks to prepare properly.
Addressing Every Point
Critical rule: address EVERY single point raised in RFE, even if you think it's unnecessary or already provided.
If RFE asks for:
Evidence of specialty occupation: Provide detailed job description, company documentation, industry standards, expert opinion letter
Proof of relationship: Provide requested plus additional photos, joint documents, affidavits
Financial evidence: Provide exact documents requested plus additional supporting financials
Never assume "this should be obvious" or "we already showed this." If RFE mentions it, address it explicitly.
Organizing Response
Submit organized, professional response package.
Include:
Cover letter listing each RFE point and where response is found
Index/table of contents
Tabs separating sections
Copy of RFE notice
Evidence organized by RFE topic
Supporting documents
Transmittal letter
Example cover letter structure: "Re: Response to RFE dated [date] Receipt Number: [number]
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
We provide the following evidence..."
Common RFE Topics and Responses
H-1B specialty occupation:
Detailed job description with daily tasks
Organizational chart showing position
Similar job postings requiring degree
Expert opinion letter from industry professional
Degree transcripts showing relevance
Employer-employee relationship:
Employment contract
Organizational hierarchy
Day-to-day supervision evidence
Work location proof
Project assignments
Ability to pay (I-140):
Tax returns (3 years)
Annual reports
Audited financial statements
Bank statements
Profit/loss statements
Marriage genuineness:
Photos spanning relationship
Joint financial accounts
Lease with both names
Insurance beneficiaries
Affidavits from friends/family
What NOT to Do
Don't:
Miss the deadline
Provide partial response
Ignore any RFE point
Submit disorganized documents
Include irrelevant materials
Argue with USCIS in response
Use emotional language
Provide false evidence
Don't assume:
"They should know this"
"This is obvious"
"We submitted this before"
"One document is enough"
Attorney Help
Complex RFEs warrant attorney assistance. Attorneys experienced with specific RFE types know exactly what USCIS wants to see.
Consider attorney if:
RFE questions case fundamentals
You're unsure what evidence to provide
Case involves legal interpretation
RFE is lengthy (10+ pages)
High stakes (job at risk, family separation)
Attorney fees for RFE response: $1,500-$5,000 depending on complexity.
After Submitting Response
Timeline:
USCIS confirms receipt (tracking number)
Officer reviews response
Decision made (weeks to months)
Approval, denial, or additional RFE
If approved, congratulations. If denied, evaluate appeal/motion options with attorney. If another RFE issued, start process again.
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.
What if I miss RFE deadline?
Case will likely be denied. File motion to reopen if you have good cause for missing 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.
Should I hire attorney for RFE?
Recommended for complex RFEs or high-stakes cases. Simple document requests may not need attorney.
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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