Work and Employment
RFE Guide: How to Respond + Expert Tips
Got a Request for Evidence from USCIS and not sure how to proceed? Understanding what an RFE entails and how to effectively respond can greatly improve your chances of visa success. In this guide, we'll explore everything you need to know about RFEs—from what triggers them to how to craft a winning response.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
12 min read • April 08, 2024
Key takeaways
An RFE isn’t a denial! It just means USCIS needs more information regarding your visa application.
Usually you will have up to 86 days to respond to your RFE, but the exact number of days is specified on your specific Request for Initial Evidence.
If your RFE is rejected, you still have options, such as filing an appeal, a motion to reopen or reconsider, or reapply for the visa.
Manifest attorneys are experienced with some of the most complex RFE cases, regardless of whether we filed your original application. Contact us now to schedule your consultation.
Quick stats
An RFE is simply a "Request for Evidence”. If USCIS needs more information or additional documents related to your visa application, you might receive an RFE. This request will spell out exactly what extra documents or details they're looking for and give you a deadline to send them in.
If you just received a Request for Evidence, it is normal to be unsettled or even a bit stressed. But it's important to know that RFEs are relatively common!
Between 2015 and 2019, an average of around 31.15% of visa applicants received a Request for Evidence (RFE), according to USCIS data.
Even if you receive a Request for Evidence, your chances of getting your visa approved are still quite good! For instance, based on USCIS data from 2019, H1B visas with an RFE had a 62.7% approval rate, O visas had a 66.8% approval rate, R1 visas had an 82.4% approval rate, and TN visas had a 59.2% approval rate.
So, if you receive an RFE – don't panic! An RFE doesn’t mean that your application is going to be denied. USCIS simply needs more evidence to prove your eligibility for the visa you're applying for.
Responding to a USCIS RFE is super important because if you don't provide what they're asking for within the deadline, your application could be rejected.
So, it's crucial to read your request for initial evidence carefully, gather the requested information, and send it back to USCIS as soon as possible.
Dealing with a Request for Evidence (RFE) from USCIS can be a hassle, so it's best to try to avoid getting one if you can. While receiving an RFE doesn't automatically mean your application will be denied, it does cause extra delays.
In many cases, you can prevent getting an RFE by making sure your application is carefully prepared before you submit it.
Let’s take a look at some of the most common reasons scenarios where you may receive an RFE:
Missing Information: Sometimes, your initial visa application might be missing essential documents or details. That's when USCIS might ask for more info through an RFE.
Not Enough Evidence: Your application might lack enough evidence to prove your eligibility for the visa you’re applying for. USCIS could request extra evidence to support your case.
Clarifications Needed: If there are any confusing or incorrect details in your application, USCIS might ask for clarification or corrections to clear things up.
Document Validity: USCIS might question the validity or authenticity of certain documents you've submitted. They could ask for additional evidence to verify their accuracy.
Eligibility Doubts: Sometimes, USCIS might need more information to determine if you meet specific eligibility criteria, especially if your case is complex.
Criminal or Medical Records: If you have a criminal record or medical condition, USCIS might request more details to assess how it affects your application.
Employment Verification: For work-related visas, USCIS might want to verify details about your job and employer.
Family Relationships: If you're applying for family-based immigration, USCIS might ask for extra evidence to prove the legitimacy of your family relationship.
Financial Status: USCIS might request additional evidence to assess your financial situation.
Specific Requirements: Depending on the visa type you're applying for, USCIS might have specific requirements or questions that they need more information on.
If you're thinking about filing your own visa application, it's important to know that you might end up getting a Request for Evidence (RFE).
When you handle it on your own, there's a chance you might miss important details or make mistakes in your application. This could mean you don't provide enough evidence to prove you're eligible for the visa you're applying for, which can lead to an RFE asking for more information.
To avoid this headache, it's smart to make sure your application is really well-prepared before you send it off.
One way to do that is by hiring an immigration lawyer who knows the ins and outs of the process. They'll make sure your application is complete, accurate, and has everything it needs. Plus, they'll help gather all of the supportive documents for you, saving you a bunch of time and stress.
Reach out to us at Manifest Law to get assistance with your visa or green card application.
Getting an RFE during your visa application might feel like a curveball, but it's not necessarily good or bad news. It's just the government asking for more info to help make a decision on your visa application.
Sometimes, an RFE is just part of the process. It means they've pinpointed areas where they need more details to move forward. By responding quickly and giving them what they ask for, you're giving your application a better shot at success.
Just keep in mind that dealing with a USCIS RFE means extra steps and might cause delays. And the reasons for getting one can vary a lot—from small issues to more serious concerns about your eligibility or paperwork.
The bottom line? Stay on top of it, provide what they need, and don’t miss the deadline.
First page
The first page of the RFE will look something like this:
Your case number, located in the top right corner under the barcode
The RFE response deadline date, which is the latest you can submit your response to USCIS
Request pages
The RFE will outline the specific areas where USCIS requires clarification or additional evidence. This may include requests for specific forms, supporting documents, affidavits, or other evidence to substantiate claims made in the original application.
For example, this page requests the beneficiary to provide evidence of his authorship of scholarly articles, and evidence that he performed a leading or critical role for an organization.
USCIS has specifically outlined the requirements and the documentation that would serve as sufficient evidence.
Coversheet (last page)
The final page of the RFE will serve as the coversheet for your RFE response. It will look like this:
For your RFE response, you will need to place this coversheet on top of your detailed response and all supporting documents. Make sure to complete this form and check off the correct boxes.
Okay, so you received an RFE from USCIS. Now what? Let’s break down exactly how you should respond to an RFE step-by-step:
Read the RFE thoroughly: Make sure you understand exactly what additional information or documents they're asking for.
Gather your documents: Gather all the documents and information requested in the RFE. Keep them organized and make copies for your own records.
Organize your response: Write a detailed response to the RFE, addressing each point they've raised. Be clear and specific, and provide evidence to back up your explanations.
Submit on time: Follow the instructions provided in the RFE for submitting your response. Aim to submit your response well before the deadline. This will help avoid any delays in processing your application.
Keep records: Keep copies of all the documents (including the original RFE!) and correspondence related to your response. You may need them for future reference.
💡 Manifest Tip: If any of the documents provided are not in English, make sure to include certified translations along with the original documents! If you are a Manifest client, we will gladly introduce you to a certified translator.
23
Dan faced some hurdles on his journey to securing his EB1 visa. When he applied, he hit a roadblock: a Request for Evidence (RFE) from USCIS.
The issue? His documents weren't certified translations, and they were in Russian and Ukrainian.
Dan’s attorney worked with a trusted translation company, who got all the documents accurately translated and certified before sending them back to USCIS.
After submitting his RFE response, Dan's visa got approved!
Manifest Law©️. Learn more on www.manifestlaw.com
23
Alex applied for an H-1B visa to work for a leading technology company in the US. However, his application encountered a setback when his employer received an RFE from USCIS.
USCIS was asking for additional information to confirm that his job was a “specialty occupation” that requires a bachelor’s degree or specialized knowledge.
In order to respond, we collected information from the employer showing the job duties and nature of his role. We provided evidence that his role typically requires a bachelor’s degree, including references to job postings and expert opinion letters. We also provided USCIS with a letter arguing that the job was in fact appropriately classified as a “specialty occupation” for the H1B visa.
After submitting our response, Alex’s visa was approved and he was able to begin working in the US under H1B visa status.
Manifest Law©️. Learn more on www.manifestlaw.com
Unfortunately, you can't ask for an extension on a RFE USCIS.
Here's the deal: USCIS has the authority to deny applications without even sending an RFE.
However, receiving an RFE is actually an opportunity for you to provide additional evidence that could sway the decision in your favor. But here's the catch: if you don't respond to the RFE promptly and thoroughly, USCIS may simply deny your application.
So, it's essential to approach RFEs with diligence and ensure your response is thorough and timely to avoid any setbacks in your immigration journey.
When you respond to an RFE from USCIS, it's natural to wonder how long it'll take to hear back. While there's no fixed answer, typically the RFE USCIS response time is within about 60 days after they have received your response.
Remember, this is just an estimate, and actual response times can vary depending on factors like how complex your case is and how busy USCIS is at the time.
If you haven't heard back within a reasonable timeframe, you can check your case status online or get in touch with USCIS directly for an update.
23
Tamara and her fiancé were eagerly applying for a marriage-based green card, hoping to start their life together in the U.S. Since Tamara was previously married, USCIS sent a request to confirm that her prior marriage was legally terminated.
In the RFE response, we included an official copy of her divorce certificate, showing that her prior marriage was terminated. We included a letter arguing that Tamara was in fact eligible to apply for a marriage-based green card.
Ultimately, Tamara’s green card was approved and she was able to move to the US with her spouse.
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
H-1B Initial Denial Rate
7.4%
15.5%
24.6%
H-1B RFE Rate
21.4%
38%
60%
H-1B Approved After RFE Rate
73.6%
62.4%
61.5%
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
L-1 Initial Denial Rate
19.2%
21.2%
25.6%
L-1 RFE Rate
36.2%
45.6%
51.8%
L-1B Approved After RFE Rate
49.4%
52.9%
52.7%
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
O Initial Denial Rate
5.9%
9.3%
9.3%
O RFE Rate
22%
27.8%
27.8%
O Approved After RFE Rate
74%
67.2%
67.2%
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
TN Initial Denial Rate
8.4%
11.8%
11.6%
TN RFE Rate
22%
28.2%
27.9%
TN Approved After RFE Rate
64.7%
59.9%
59.8%
Manifest Law©️. Learn more on www.manifestlaw.com
If after your response to a Request for Evidence (RFE), the case is still turned down by USCIS, it means that your application or petition didn’t provide sufficient evidence to address the concerns raised in the RFE.
USCIS will send you a notice saying your application has been denied. They'll explain why and what you can do next.
Depending on the circumstances, you may have the option to appeal the decision, file a motion to reopen or reconsider, or reapply for the visa.
Let’s take a closer look at each of these options:
If your application is denied, you may have the option to reapply for the visa you were seeking. This involves submitting a new application with any necessary updates or corrections.
Here are the steps you’d need to take:
First, understand what exactly led to the denial of your previous application
Prepare and submit a new visa application
Pay any fees associated with your new application
Submit your new application to USCIS or the consulate
Wait for processing
Make sure to think carefully about which option suits your situation best and don't hesitate to consult with an immigration lawyer if you're unsure about your next steps.
Request free consultation with Manifest Law today
Reach out to get an evaluation the strength of your case.
The cost to hire an attorney to help you with an RFE really depends on the complexity of your visa case and the response needed.
Here is a general overview of the fees you could expect:
Low complexity RFE case
Medium complexity RFE case
High complexity RFE case
$500 - $2,000
$2,000 - $4,000
$4,000 - $6,000
Manifest Law©️. Learn more on www.manifestlaw.com
The extra fees you might encounter depend on the specifics of your situation. Here's a breakdown of potential costs to keep in mind when dealing with an RFE:
Translation costs
Document preparation costs
Translation costs can vary depending on the length and complexity of the documents.
These include costs associated with obtaining or preparing documents to support your response, such as obtaining records from government agencies or employers.
Manifest Law©️. Learn more on www.manifestlaw.com
Dealing with a Request for Evidence (RFE) from USCIS can seem overwhelming, but with the right guidance, it's manageable. Understanding why you received the RFE and how to respond effectively can improve your chances of visa approval.
Remember, an RFE is an opportunity to provide more evidence and clarify any issues, not necessarily a sign of denial.
Whether you decide to handle the RFE on your own or seek help from an immigration attorney, staying proactive is crucial. At Manifest Law, we're here to support you throughout your immigration journey. Reach out today to learn how we can assist with your visa or green card application.
