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Receiving a Request for Evidence (RFE) can feel intimidating, but it’s also a normal part of the immigration process. This guide explains what an RFE is, why you might get one, and how to respond effectively.
David A. Keller, Esq.
Receiving a Request for Evidence (RFE) can feel intimidating, but it’s also a normal part of the immigration process.
An RFE means the officer reviewing your case needs more information to approve it. It does not necessarily mean there’s a problem—it often means something was missing, unclear, or needs stronger proof.
So, if you receive an RFE, you should take it seriously, but you shouldn’t panic. With the right response strategy, many RFEs can be resolved successfully.
USCIS issues RFEs at different rates depending on the visa type. Based on FY2024 data referenced in the article, here are examples of RFE rates by category:
The key point: some categories are scrutinized more heavily than others, so it’s especially important to respond with a complete, well-organized packet.
USCIS issues an RFE when the evidence provided is insufficient to approve a petition, but the officer believes the case may be approvable if you submit additional documentation.
Common reasons include missing documents, weak proof, inconsistencies, or unclear eligibility.
In many cases, the issue is fixable. The goal is to answer exactly what USCIS is asking for—no more, no less—while making the response easy for the officer to review.
Your RFE response should be structured, complete, and delivered by the stated deadline. This is not the moment for a “quick upload” approach—treat it like a formal legal filing.
You should include a cover letter, tabbed exhibits (or a clear index), and evidence that directly addresses each RFE point.
Tip: Do not ignore an RFE or submit a partial response. If you do not respond by the deadline, USCIS can deny the case for abandonment.
RFEs include a strict response deadline. If you miss the deadline, USCIS can deny the petition without further notice.
Plan backward from the due date. Give yourself time to gather evidence, draft a clear cover letter, and assemble a clean, professional packet.
Your cover letter should function as a roadmap for the officer. It should identify the case, summarize what you’re submitting, and map each RFE request to the evidence you provide.
An effective cover letter is organized, direct, and easy to scan. Use headings that match the RFE language and label your exhibits clearly.
RFEs can be long and technical, but the structure is usually consistent: USCIS will cite the legal standard, identify deficiencies, and specify what evidence is needed.
Your job is to isolate each request and treat it like a checklist item. Then you respond with evidence that matches the request.
USCIS often lists specific documents they want. Provide exactly what’s requested when possible, and if a requested document doesn’t exist, explain why and offer strong alternative evidence.
Sometimes RFEs raise eligibility concerns (for example, whether your job qualifies as a specialty occupation, or whether you meet an evidentiary standard).
In these cases, your response should combine documentary evidence with a clear explanation—often including expert letters, legal arguments, or structured comparisons to regulatory criteria.
After USCIS receives your RFE response, the officer will continue reviewing the petition. The outcome could be an approval, denial, or (in some cases) another request if issues remain.
Well-organized responses reduce the risk of delays and improve clarity for the adjudicator.
A denial after an RFE typically means USCIS did not find the response sufficient to meet the eligibility standard.
Next steps may include refiling, filing a motion or appeal (if available), or pursuing an alternative strategy depending on your immigration category and timing.
Important: This information is general and not legal advice. Denial strategy depends heavily on the case type, timing, and the exact denial reasons.
If you’ve received an RFE, we can help you plan a clean, persuasive response.
We can review the RFE, identify the exact evidentiary gaps, and help you submit a clean, persuasive response packet designed to minimize delays and reduce denial risk.
If you want professional help preparing an RFE response, start with a strategy call so you can understand your options and reduce the risk of denial.
We can review the RFE, identify the exact evidentiary gaps, and help you submit a clean, persuasive response packet designed to minimize delays and reduce denial risk.
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