Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) can be unsettling. After putting time and effort into an immigration petition, being asked for additional information may leave you wondering what went wrong and what you should do next.
An RFE does not mean that your petition has been denied. It means USCIS is asking for additional documentation or clarification before making a decision.
The most important step is to understand what the officer is asking for and respond directly to those concerns. Depending on the immigration category, the request may involve education, employment, professional achievements, a proposed endeavor, or other eligibility requirements.
In some cases, applicants may also consider supporting documentation such as an expert opinion letter when the issues raised involve specialized professional knowledge.
What Is a USCIS RFE?
A Request for Evidence is a notice from USCIS asking an applicant or petitioner to provide additional information related to an immigration case.
The notice normally explains what USCIS believes is missing or has not been sufficiently established. It may ask for documents that were not included with the original filing or for additional explanation of information already submitted.
The request can vary considerably depending on the type of petition.
For example, an RFE may ask about:
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Educational qualifications
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Employment or job duties
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Professional experience
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Specialized knowledge
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Professional achievements
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The significance of a proposed project or endeavor
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Supporting documentation for eligibility criteria
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Information that was unclear or incomplete in the original filing
An RFE is different from a denial because USCIS is giving the applicant an opportunity to provide additional information before a decision is made.
What Should You Do After Receiving an RFE?
Start by reading the entire notice carefully.
It can be tempting to immediately collect more documents, but it is better to understand the specific concerns first. The response should be built around the issues identified in the notice.
1. Check the Response Deadline
Look at the deadline stated in the RFE and make sure you understand the submission instructions.
Do not leave the response until the last few days. Some documents, particularly third-party or expert documents, may require additional time to obtain.
2. Identify Each Concern
Make a simple list of every issue mentioned in the notice.
For an EB-2 NIW case, for example, USCIS may ask for additional information concerning the proposed endeavor, its importance, the applicant's background, or the overall eligibility requirements.
An H-1B case may involve completely different questions, such as the position's requirements or the beneficiary's qualifications.
3. Determine What Evidence Is Relevant
Once the concerns are clear, identify documents that directly relate to each one.
More documents are not necessarily better. The evidence should have a clear purpose and should help answer the question USCIS has raised.
4. Review the Original Petition
Read the original filing together with the RFE.
This helps you understand what was already submitted and prevents the response from accidentally contradicting information in the original petition.
What Can Be Included in an RFE Response?
There is no single list that applies to every case. The appropriate documents depend on the immigration category and the issues raised by USCIS.
Depending on the circumstances, a response may include:
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A copy of the RFE
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A response or cover letter
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Additional supporting documents
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Employment records
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Educational records
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Professional credentials
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Publications or research records
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Recommendation letters
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Expert opinion letters
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Business plans
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Industry or government information
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Other documents relevant to the concerns identified in the notice
The response should explain why the submitted documents are relevant instead of simply attaching a large collection of files.
How to Organize the Response
A straightforward structure can make a complicated response easier to review.
Introduction
Briefly identify the petition and explain that the submission responds to the RFE.
Response to Each Issue
Address each concern separately.
Start by explaining the issue raised by USCIS, followed by your response and the supporting documentation.
Supporting Exhibits
Organize the documents in a logical order and refer to them consistently throughout the response.
Conclusion
Briefly summarize how the information provided addresses the concerns raised in the notice.
The goal is to make it easy for the reviewing officer to follow the connection between the question, the explanation, and the supporting material.
Can an Expert Opinion Letter Be Used in an RFE Response?
An expert opinion letter may be useful when an RFE involves a subject that requires specialized knowledge or professional context.
For example, USCIS may need additional explanation of the significance of someone's work, the importance of a specialized field, or the relationship between an individual's qualifications and proposed work.
An expert opinion letter can provide an independent assessment from someone with appropriate knowledge of the relevant field.
AAE Evaluations provides expert opinion letters for immigration cases, including documentation prepared for certain RFE situations.
The value of such a letter depends on the circumstances. It should address the relevant issue rather than simply restating information that is already contained in the petition.
EB-2 NIW RFE Responses
An RFE in an EB-2 National Interest Waiver case may involve questions about the applicant's proposed endeavor, qualifications, supporting evidence, or the requirements associated with the NIW framework.
AAE Evaluations offers EB-2 NIW expert opinion letters prepared around an applicant's background and proposed endeavor.
For an RFE, the documentation should be relevant to the particular questions raised by USCIS. A letter prepared for an initial filing may not address the same issues as a later RFE.
An expert may, depending on the circumstances, provide analysis concerning:
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The applicant's area of expertise
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The proposed endeavor
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The significance of the work
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The applicant's experience and qualifications
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The connection between past work and future plans
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Other issues requiring specialized professional knowledge
Applicants interested in understanding the format of these documents can also review AAE Evaluations' EB-2 NIW expert opinion letter sample and format.
EB-1 RFE Responses
EB-1 cases can involve questions concerning an individual's achievements, recognition, research, contributions, or professional standing, depending on the specific classification.
AAE Evaluations provides EB-1 expert opinion letters that can provide additional professional analysis when appropriate.
The contents should be determined by the concerns in the RFE and the evidence already included in the petition.
H-1B RFE Responses
H-1B RFEs can raise questions about the position, its requirements, the beneficiary's qualifications, or whether the offered role meets the applicable requirements.
AAE Evaluations provides H-1B expert opinion letters that may be relevant when specialized professional analysis is needed.
Whether such a letter is appropriate depends on the specific facts of the case and the issue identified by USCIS.
Other Cases Where Expert Documentation May Be Relevant
Expert documentation may also be considered in other employment-based immigration matters.
AAE Evaluations provides services for categories including O-1 and L-1, in addition to EB-1, EB-2 NIW, and H-1B cases.
You can view the company's immigration evaluation and documentation services to learn more about the available options.
Common Mistakes to Avoid
Ignoring Part of the RFE
An RFE may contain several separate concerns. Addressing one issue while overlooking another can leave important questions unanswered.
Create a checklist before preparing the response.
Sending Documents Without Context
Simply adding more documents does not explain what they prove.
Where appropriate, explain the relevance of the document and how it relates to the issue identified by USCIS.
Reusing Generic Letters
If an expert opinion letter is included, it should be relevant to the particular case and the question being addressed.
A generic letter that could apply to almost any applicant may not provide much additional context.
Contradicting the Original Filing
Check dates, job titles, education history, professional achievements, proposed endeavors, and other important information against the original petition.
Any legitimate change should be clearly explained.
Waiting Until the Deadline
Some responses require information from employers, experts, universities, or other third parties. Starting early leaves time to resolve unexpected problems.
Treating Every RFE the Same Way
An RFE for an EB-2 NIW petition is different from one for an H-1B or EB-1 petition.
The response should reflect the particular immigration category and the concerns described by USCIS.
How to Approach an RFE
A useful way to think about an RFE is as a series of questions.
What is USCIS asking?
Identify the concern as clearly as possible.
What information answers that concern?
Determine which documents or explanations are relevant.
How does the evidence answer the question?
Explain the connection instead of leaving the officer to interpret a collection of documents without context.
This approach can help keep the response focused and easier to follow.
Do You Need a New Expert Opinion Letter?
Not every RFE requires an expert opinion letter.
Whether one is appropriate depends on the nature of the request and the evidence already submitted.
If the RFE raises a question involving specialized professional knowledge, an independent opinion may provide useful context. In other situations, additional records or a clearer explanation may be sufficient.
For an EB-2 NIW case, applicants can review AAE Evaluations' EB-2 NIW expert opinion letter service to learn more about the documentation available for these cases.
Information Usually Needed for an Expert Opinion Letter
The documents required will vary depending on the case.
An expert may need information such as:
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Current résumé or CV
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RFE notice
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Original petition materials
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Proposed endeavor statement
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Educational background
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Employment history
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Professional achievements
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Publications or research
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Awards or recognition
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Patents or other contributions
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Business or project information
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Supporting evidence relevant to the issue
Providing the actual RFE is particularly helpful when the letter is being prepared in response to a specific USCIS request because it allows the expert to understand the issue that needs to be addressed.
USCIS RFE Response Checklist
Before submitting your response, consider the following:
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Read the complete RFE.
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Confirm the response deadline.
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List every issue raised by USCIS.
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Review the original petition.
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Gather documents relevant to each issue.
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Check all information for consistency.
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Explain the relevance of important supporting documents.
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Consider whether independent professional analysis is appropriate.
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Organize exhibits clearly.
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Review the completed response against the original RFE.
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Follow the submission instructions provided by USCIS.
Final Thoughts
An RFE can feel discouraging, but it also provides an opportunity to address specific concerns before USCIS makes a final decision.
The most useful responses are focused on the questions in the notice. Instead of simply adding more documents, applicants should understand what USCIS is asking, identify information that addresses those concerns, and organize the response so the connection is clear.
For cases involving specialized professional issues, an expert opinion letter may provide additional context. AAE Evaluations offers EB-2 NIW expert opinion letters as well as EB-1 expert opinion letters and H-1B expert opinion letters.
The company also provides other immigration documentation and evaluation services that may be relevant depending on the petition.
If you have received an RFE, consider discussing the notice and your response strategy with a qualified U.S. immigration attorney. An attorney can evaluate the legal issues in your case and determine what response is appropriate.
This article is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Immigration requirements and procedures can change, so applicants should consult a qualified immigration attorney about their individual circumstances.