Let’s face it—nobody wants to open their mailbox and see a Request for Evidence (RFE) from USCIS. It’s like getting a pop quiz you didn’t study for.

But here’s the good news: an RFE doesn’t mean your immigration journey is over. In fact, it’s often just a bump in the road—one that, with the right approach, can actually strengthen your case.

Whether you’re a tech innovator eyeing an O-1 visa, a creative artist showcasing extraordinary ability, or a professional pursuing an EB-2 NIW (National Interest Waiver), understanding RFEs is key to keeping your application on track.

At VeriPass, we’ve helped countless high-achieving professionals like you navigate these challenges. Think of us as your immigration GPS, guiding you through the twists and turns of the U.S. immigration process.

In this post, we’ll break down everything you need to know about RFEs—from what they are and how to avoid them, to crafting a winning response that gets your application back on the fast track.

What is an RFE?

A Request for Evidence (RFE) is a formal notice from USCIS asking for additional documentation or information to evaluate your application. It’s not a denial—it simply means the immigration officer needs more evidence to make a decision.

For example, if you’re applying for an EB-2 NIW (National Interest Waiver) based on your exceptional ability, USCIS might request further proof of your achievements or the impact of your work.

Similarly, O-1 visa applicants may receive an RFE if USCIS needs more evidence of their extraordinary ability in their field.

At Veripass, we’re not just about filling out forms and submitting documents (though we’re experts at that too!). We help to understand your unique story, your goals, and your challenges.

Think of Veripass as your trusted partner, here to provide personalized guidance every step of the way. From crafting a compelling application to responding to a Request for Evidence (RFE), we’ll be by your side, offering professional advice and practical solutions tailored to your needs.

Key points to remember:

– Respond on time: The RFE notice will specify a deadline, typically 30-90 days. It is risky to miss this deadline as it can lead to denial.

– Submit all your documents together: If USCIS request for multiple documents, send them all in one package.

– Stay organized: Clearly label and highlight key evidence to make it easy for USCIS to review.

How to Avoid a Request for Evidence (RFE)

The best way to handle an RFE is to avoid one altogether. While an RFE doesn’t mean your application will be denied, it can cause significant delays. Here are some common reasons for RFEs and how to prevent them:

1. Missing Initial Evidence

Ensure you provide all required documents upfront. For example:

– EB-2 NIW applicants: Include evidence of your exceptional ability, such as awards, publications, or letters of recommendation.

– O-1 visa applicants: Provide proof of extraordinary ability, like media coverage, contracts, or industry recognition.

2. Insufficient Financial Support

For family-based visas, the U.S. sponsor must prove they meet the income requirements. For employment-based visas, the employer must demonstrate the ability to pay the required wage.

3. Missing Proof of Status

If you’re applying for adjustment of status, provide evidence of your legal entry, such as a stamped passport or I-94 travel history.

4. Missing Document Translations

Any document not in English must include a certified translation.

5. Lack of Specialized Evidence

Tailor your application to your visa category. For example:

– EB-2 NIW: Highlight how your work benefits the U.S. national interest.

– O-1 visa: Showcase your extraordinary ability through industry-specific evidence.

6. Unusual Cases

If your case has unique aspects—like gaps in employment or previous visa denials—provide clear explanations and additional evidence upfront.

What does an RFE look like

When USCIS issues an RFE, it follows a standardized format. Here’s what you’ll typically find:

1. The Facts: Basic details about your application, including the type of visa and submission date.

2. The Law: Relevant immigration laws and eligibility requirements.

3. Evidence Submitted: A list of documents you’ve already provided.

4. Evidence Lacking: Specific documents or information USCIS needs to make a decision.

5. Deadline: The timeframe for submitting your response.

What to Do If You Receive a Request for Evidence

Receiving an RFE can feel overwhelming, but it’s an opportunity to address any gaps in your application. Here’s how to respond effectively:

• Read the RFE Carefully: Understand exactly what USCIS is asking for.
• Review Your Original Application: Ensure you haven’t already provided the requested information.
• Gather All Requested Documents: Submit everything in one package.
• Write a Cover Letter: Outline the contents of your response for clarity.
• Meet the Deadline: Send your response via a trackable method to ensure it arrives on time.

Common RFE Triggers

Understanding what often triggers RFEs can help you avoid them. Here are some common issues:

Family-Based Visas

– Insufficient proof of a bona fide marriage: Provide joint financial documents, photos, and affidavits.

– Inadequate financial sponsor documentation: Include tax returns, pay stubs, and bank statements.

Employment-Based Visas

– Insufficient evidence of specialty occupation: Provide detailed job descriptions and educational credentials.

– Incomplete employer-employee relationship documentation: Include contracts, offer letters, and pay stubs.

Impact of RFEs on Processing Times

An RFE can extend your application processing time by 3-5 months. To minimize delays:

– Respond as quickly and thoroughly as possible.

– Ensure your response meets all requirements.

Request for Evidence (RFE) FAQs

Does receiving an RFE mean my application will be denied?

Not at all! An RFE is simply USCIS asking for more information to better understand your case—it doesn’t mean your application is doomed.

Can I request an extension for the RFE deadline?

Unfortunately, extensions are almost never granted. USCIS is pretty strict about deadlines, so it’s crucial to gather and submit all the requested evidence within the timeframe provided.

If you’re feeling overwhelmed, don’t worry—our team at VeriPass can help you organize and prepare your response efficiently to meet the deadline with confidence.

What if I can’t provide a requested document?

Explain why the document is unavailable and provide alternative evidence.

Can I submit additional evidence after sending my RFE response?

USCIS generally requires all evidence to be submitted at once.

Why Choose VeriPass?

At VeriPass, we understand the challenges of navigating the U.S. immigration system. Our team of experts specializes in helping high-achieving professionals like you build strong, evidence-based applications for visas like the O-1 and EB-2 (NIW). From personalized support to credibility-building strategies, we’re here to guide you every step of the way.

If you’ve received an RFE or want to avoid one, contact VeriPass today. Let us help you turn this challenge into an opportunity to strengthen your case and achieve your immigration goals.

Take the next step toward your future—schedule a consultation with VeriPass now!