A Request for Evidence (RFE) is a formal notice issued by USCIS when an adjudication officer determines that an application or petition lacks sufficient evidence to make an approval decision. An RFE is not a denial; it is an intermediate step in the review process where the officer requests additional documentation or clarification before making a final determination.
17 steps across 4 sections
1. H-1B RFEs
- Detailed specialty occupation evidence (job postings, expert opinions)
- Revised Labor Condition Application (LCA) if needed
- Updated employer letter with detailed job duties
- Evidence of beneficiary's qualifications (degrees, evaluations, experience letters)
- Employer-employee relationship evidence (organizational charts, contracts)
2. I-140 RFEs
- Additional evidence of extraordinary ability, qualifications, or job requirements
- Updated financial documents proving ability to pay
- Expert opinion letters
- Citation evidence, publication records
3. I-485 RFEs
- Updated medical examination (Form I-693)
- Updated Affidavit of Support with current financial documents
- Court/criminal disposition records
- Additional evidence of bona fide marriage
4. General Items
- Cover letter addressing each RFE item
- Table of contents
- Copy of the original RFE notice
- Any previously submitted evidence that is being re-submitted for reference
Common Mistakes
- Missing the deadline
- Partial response
- Not explaining unavailable documents
- Sending documents in multiple packages
- Poorly organized submission
Pro Tips
- An RFE is not a denial
- Respond as completely as possible
- Use the RFE as a roadmap
- Hire an attorney if you don't already have one
- Start gathering evidence immediately