What Is a USCIS Request for Evidence (RFE) – How to Respond

U.S. Citizenship and Immigration Services (USCIS) may request additional information from you when you submit an application for a visa or green card. This is referred to as a Request for Evidence (RFE). Learning how to prevent and respond to RFEs is crucial, as they can result in delays or even the rejection of your application.

What is an RFE?

An RFE is a straightforward request from the United States Citizenship and Immigration Services (USCIS) for supplementary documentation. It implies that the officer evaluating your case requires additional information to render a decision. Form I-797E, or the Notice of Action, is the letter that IUSCIS will send in this instance.

Please refrain from becoming panicked. An RFE does not necessarily indicate that your application will be rejected. Consider it an opportunity to bolster your argument by presenting additional evidence that your relationship is genuine.

Key Points to Remember:

• Punctual response: Adhere to the deadline specified in the RFE notice.
• Please submit all items in one package: If multiple documents are requested, please submit them all in a single package.
• If the deadline is missed, USCIS will make a decision based on the information they have. Failure to respond may result in denial.

How to Avoid a Request for Evidence (RFE):

The most effective approach to managing a USCIS Request for Evidence (RFE) is to prevent it from occurring in the first place. While an RFE does not inherently indicate that your application will be rejected, it will always entail further delays. Regardless of the visa type for which you are applying, RFEs can be prevented by submitting a well-prepared application in the majority of cases.

The specific reasons for receiving an RFE are contingent upon the form of visa, but there are several common issues that are present in a variety of applications:

• Missing Initial Evidence
  • Failure to submit the requisite documents, forms, or other evidence to establish your eligibility for the visa you are applying for (e.g., a marriage-based green card, K-1 fiancé visa, H-1B work visa, or other visa) will likely result in an RFE. This is preferable to an explicit denial in the absence of the necessary initial evidence.
• Insufficient Financial Support
  • Insufficient evidence of financial capability is a significant contributor to RFEs across various visa categories.
  • Family-based visas: The U.S. sponsor must demonstrate that they have the financial resources to provide for the applicant, typically at least 125% of the federal poverty limit. This pertains to K-1 visas and marriage green cards. Discover additional information regarding federal income requirements by visiting this website.
  • Employment-based visas: In order to qualify for visas such as the H-1B, the employer must demonstrate that they are able to provide the necessary compensation for the position.
• Missing Proof of Legal Entry or Status
  • Proof of legal entry or the maintenance of legal status is essential for petitioners who are already in the United States, such as those who are applying for H-1B transfers or adjustment of status. This typically entails the submission of a copy of your stamped passport, I-94 travel history, or other pertinent immigration documents. Discover how to obtain a digital copy of your I-94 by visiting this website.
  • If your original I-94 is lost and your records are not accessible on the CBP website, you may submit Form I-102 to request a replacement I-94.
• Missing Document Translations
  • Any document that is not in English must be accompanied by a certified translation for all visa categories. The translator is required to provide written confirmation that the document has been translated accurately. This certification must include the translator’s name, address, signature, and the date of translation.
• Lack of Specialized Evidence
  • Please ensure that you comprehend and submit all category-specific evidence for your specific visa type, as different visa categories may necessitate specific evidence. For instance,
    • Detailed job descriptions and evidence of the applicant’s qualifications may be necessary for H-1B visas.
    • Proof of the relationship and intend to marry is typically required for K-1 visas.
    • Evidence of the applicant’s talents and experience is frequently required for employment-based green cards.
• Unusual Cases
  • Provide supplementary explanations or evidence proactively for any visa type if there are unusual aspects of your case. This may encompass an explanation of employment lapses, prior visa denials, or intricate immigration histories. For instance, if you submitted an application for a green card on behalf of an ex-spouse but ultimately rescinded it, you should provide a written explanation.

Check Also: USCIS Green Card Cost in – Complete Guide

Anatomy of an RFE: What to Expect

USCIS officers are provided with explicit instructions regarding the evaluation of green card and other immigration applications. In addition to delineating general eligibility requirements, the USCIS Policy Manual includes charts and protocols that officers can employ during the application review process. The situations in which an RFE is appropriate are defined in these guidance materials.

USCIS officers employ standardized templates to compose RFEs, which are then customized to request specific information for each case. The following is a comprehensive list of the primary sections that are included in an RFE:

• The Facts: This introductory section contains the fundamental information regarding your application, including the category of application, submission date, and processing office. Additionally, it asserts that additional evidence is required by USCIS in order to render a determination.
• The Law: This section provides a comprehensive overview of the pertinent immigration laws and regulations that are relevant to your situation, frequently delineating the specific eligibility requirements.
• Evidence Submitted: This is a compilation of the documents that you have already submitted. Ensure that all of the information you submitted is completely accounted for by reviewing it thoroughly. Include any omissions in your response to the request for information.
• Evidence Deficient: This critical section delineates the supplementary documents or information that USCIS requires to evaluate your case. It may also specify which eligibility criteria have not been met. For instance, an RFE that necessitates a birth certificate will typically specify that school records and “affidavits of birth” may be submitted in lieu of the birth certificate if it is unavailable. Gather all requested materials and pay close attention to this section.
• The deadline for submitting your response to the RFE and the mailing address are specified in this document. Denials may result from failing to meet the deadline; therefore, it is imperative that your response is submitted punctually.

Statistics on RFEs:

RFE rates can vary significantly by visa category and change over time. Here are some recent statistics:

• H-1B visas: The RFE rate for H-1B petitions was 35.8% in fiscal year 2019, a decrease from 60.1% in fiscal year 2018. This information is based on data from the United States Citizenship and Immigration Services (USCIS).
• Marriage-based Green Cards: The United States Citizenship and Immigration Services (USCIS) does not consistently disclose specific RFE rates for marriage-based green cards. Nevertheless, a 2020 study conducted by Boundless Immigration revealed that the RFE rates for marriage-based green cards filed from within the U.S. (adjustment of status) varied from 22% to 29%, contingent upon the service center involved.
• USCIS data indicates that the RFE rates for employment-based green cards (EB-1, EB-2, and EB-3) in fiscal year 2019 varied from 24% to 35%, depending on the specific category.

What to Do If You Receive a Request for Evidence:

When you receive a Request for Evidence (RFE) from USCIS, it’s crucial to approach your response carefully and thoroughly. Here are the steps you should follow:

• Thoroughly review the entire RFE. This is the sole opportunity you have to address any remaining inquiries that USCIS has regarding your application.
• Reevaluate the bundle of your initial application. USCIS officers occasionally request information that you have already submitted. If this is the case, you may include reproductions of the pertinent documents from your original application in your response to the RFE.
• Assemble your response packet. The following elements should be included:
  • First page of the response packet should be your original RFE notice (NOT a photocopy).
  • All documents that have been requested must be submitted in a single packet. There is only one opportunity to respond to an RFE.
• Note the source of any documents that you are including from your original application.
• Please provide any additional information that is required. For example, if a bilingual birth certificate is in English but you’re asked for a translation, point this out.

Remember, you have only three options when responding to an RFE:

• It is advisable to submit all of the requested evidence simultaneously.
• Respond partially by presenting evidence that suggests you desire a decision that is based on the available information.
• Withdraw your application.

If you are required to submit all materials simultaneously by USCIS regulations, please refrain from sending evidence in distinct mailings. It is probable that USCIS will not take into account any additional documents that you may have remembered after submitting your response, even if they were submitted prior to the deadline.

A partial response is preferable to no response if you are unable to locate specific documents as the deadline approaches. Describe the reasons for the unavailability of the missing documents and the steps you have taken to obtain them.

Treat this as an opportunity to rectify any deficiencies in your application. Review your materials to determine whether you can offer supplementary evidence to support your argument, even for straightforward RFEs.

Tips for Organizing and Presenting RFE Responses:

• Compose a cover letter: Enumerate all documents that are incorporated into your response.
• Utilize a schedule of contents: USCIS officers are able to more effectively navigate your packet when dealing with intricate responses.
• Label and tabulate documents: Utilize sections that are numbered in accordance with the table of contents.
• Emphasize pertinent information: Utilize colored labels or highlighters to emphasize critical information.
• Include elucidating notes: If a document is unavailable, provide an explanation for the reason and the alternative evidence you are presenting.
• Select the approach that most effectively communicates your argument, whether it be chronological or topical organization.
• Ensure that all documents are clear and legible by utilizing high-quality copies.

Timeline and Processing After RFE Response:

After submitting your RFE response:

• USCIS typically resumes processing your case within 60 days, although it may take longer.
• Utilizing your receipt number, you may verify the status of your case online.
• Approval, denial, or, in uncommon instances, a second RFE are all potential outcomes.
• You will receive an approval notice if your application is approved. A denial notice will be sent to you, which will provide an explanation of the reasons for the denial and any available appeal options.

Remember, responding to an RFE doesn’t guarantee approval, but a thorough response significantly improves your chances.

Impact of RFEs on Processing Times:

Receiving an RFE typically extends your application processing time:

• You are granted a 30-90-day response period by USCIS, as indicated in the RFE.
• USCIS typically requires a minimum of 60 additional days to evaluate and render a decision following the receipt of your response.
• The total added processing time typically falls within the range of 3-5 months.

To minimize delays, respond to RFEs as quickly and thoroughly as possible while meeting all requirements. Boundless can help.

Common RFE Triggers:

Although the specific reasons for an RFE may differ, certain issues are frequently the catalysts for these requests in various visa categories. It is possible to avoid an RFE entirely by becoming acquainted with these common triggers, which can assist in the development of a more robust initial application.

Family-Based Visas (e.g., Marriage Green Card)

• Insufficient evidence of a bona fide marriage: USCIS must be convinced that your marriage is genuine and not primarily for immigration purposes. Ensure that you submit a plethora of evidence regarding your shared life, including joint financial documents, lease agreements, photos, and affidavits from friends and family.
• Insufficient financial sponsor documentation: The applicant must be supported by the U.S. sponsor, who must provide evidence of adequate financial resources. Accumulate bank statements, tax returns, pay slips, and other financial documents to demonstrate that you satisfy the income eligibility criteria.
• Incomplete or missing medical examination results: Ensure that all necessary medical examination forms are completed accurately and completely.

Employment-Based Visas (e.g., H-1B)

• Insufficient evidence of specialty occupation: The position offered must necessitate a bachelor’s degree or higher in a specific discipline. To illustrate the role’s specialized nature, submit comprehensive job descriptions, educational transcripts, and letters from experts.
• Insufficient documentation regarding the employer-employee relationship: The employment relationship’s legitimacy must be confirmed by USCIS. To establish a distinct employer-employee connection, include employment contracts, offer letters, pay stubs, and tax documents.
• Inadequate or missing educational credentials: It is imperative that you submit all necessary educational transcripts, diplomas, and evaluations to substantiate your qualifications for the position.

Remember:

By proactively addressing these common RFE triggers in your initial application, you can substantially increase the likelihood of a successful and smooth immigration process by anticipating them.

Frequently Asked Questions: