Key Takeaways
An RFE (Request for Evidence) is a notice from USCIS asking for additional information before deciding on your petition.
Most RFEs occur due to incomplete documentation, job role mismatch, or lack of employer-employee relationship proof.
Avoid RFEs by submitting thorough, accurate documents and working with an experienced immigration attorney.
RFEs can delay approval, so proactive preparation is key.
What Is a USCIS RFE?
A Request for Evidence (RFE) is a formal notice from the U.S. Citizenship and Immigration Services (USCIS) when your application lacks sufficient documentation to make a decision. Instead of outright denial, USCIS allows you to submit more evidence.
When Can RFEs Be Issued?
• During H1B visa filings
• Adjustment of Status (I-485) applications
• Green Card through employment or marriage
• OPT, STEM OPT, or EAD renewals
Also Read: Top reasons why I-140 approvals are delayed or denied.
Top Reasons Why USCIS RFEs Happen
1. Insufficient Employer-Employee Relationship Evidence
USCIS wants to ensure your employer controls your work, especially in consulting or third-party placements.
Examples:
• No client letters or SOWs (Statements of Work)
• Missing organizational charts
• Vague job descriptions
2. Specialty Occupation Question
USCIS may question if your job truly requires a bachelor’s degree in a specific field, especially in roles like business analyst or operations manager.
Red flags:
• Overly general job duties
• No clear alignment with the degree
3. Inconsistent or Missing Documents
Small mistakes often cause RFEs.
Common errors:
• Mismatch in dates (I-94 vs. pay stubs)
• Missing education transcripts
• Incomplete Form I-129 or I-539
4. Education and Degree Evaluation
If your degree is foreign or unrelated to your job title, USCIS might challenge its relevance.
Solution: Include a credible education evaluation and expert opinion letter if needed.
5. H1B Employer’s Financials or Business Model
Startups and small firms often face scrutiny on whether they can pay the offered salary.
Common RFE triggers:
• No tax returns or financial statements
• No proof of active projects or contracts
Also Read: Common Reasons for RFEs
How to Avoid a USCIS RFE: Checklist
Clear job description aligning with a specialty occupation
Client letters and end-client worksite documentation
Updated employer financial documents
Degree evaluation from accredited evaluators
Accurate and complete forms (I-129, I-765, I-485, etc.)
Pay stubs, W-2s, and consistent address information
Legal cover letter from a trusted immigration attorney
Real-Life Scenario: How An RFE Almost Delayed a Project
Ananya, a tech consultant in San Jose, applied for an H1B transfer through a small staffing company. Her employer submitted the petition without a client letter or proof of project duration.
Result?
An RFE arrived, questioning the speciality occupation and project authenticity. With only 87 days to respond, her attorney had to scramble to gather client SOWs and expert opinion letters.
Takeaway: If Ananya’s employer had submitted detailed project documents upfront, the RFE could’ve been avoided, saving 6 weeks of delay.
Also Read: Tips for Responding Effectively to RFEs and Appeals
What Happens If You Receive an RFE?
1. Don’t panic, read the RFE thoroughly.
2. Contact your immigration attorney immediately.
3. Collect the requested evidence within the deadline (typically 87 days).
4. Submit a clean, organized response with a cover letter.
5. Wait for the USCIS decision (may take 30–90 days post-response).
Also Read: Tips for Responding Effectively to RFEs and Appeals
Questions to Ask Your Immigration Attorney
• Is my job title compliant with H1B specialty occupation rules?
• Do we need client letters or third-party vendor agreements?
• Should we submit an expert opinion letter proactively?
• How can we prepare a strong LCA and job description?
• What are our chances of approval if an RFE is issued?
Conclusion: Why Do USCIS RFEs Happen and How Can I Avoid Them?
RFEs happen when USCIS believes your petition lacks clarity, credibility, or completeness. While they’re not a denial, they can delay or derail your status change or extension.
To avoid RFEs, always provide:
• A clear job description
• Relevant educational proof
• Solid documentation from your employer and end-client
Working with an experienced legal team and proactively preparing your documents can reduce your risk significantly.
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