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 and accelerate your EB-2 NIW green card, EB-2 visa, or O-1 visa approval.
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. This applies whether you’re seeking an entrepreneur visa USA, looking to transition from an O-1 visa to green card, or applying through the NIW-EB2 program pilot.
At VeriPass, we’ve helped countless high-achieving professionals, entrepreneurs, creative artists, and cybersecurity experts navigate these challenges. Think of us as your immigration GPS, guiding you through the twists and turns of the U.S. immigration process— from understanding RFE meaning to securing your green card EB-2 status.
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 toward your EB-2 green card, O-1 visa, or EB-2 NIW green card.
What is an RFE?
A Request for Evidence (RFE) is a formal notice from USCIS asking for additional documentation or information to evaluate your visa EB-2, EB-2 NIW, or O-1 visa application. It’s not a denial—it simply means the immigration officer needs more evidence to make a decision about your green card EB2 eligibility.
For example, if you’re applying for an EB-2 NIW (National Interest Waiver) visa based on your exceptional ability or are part of the EB2 NIW for software engineer track, USCIS might request further proof of your achievements or the impact of your work—especially if you’re applying under the EB2 NIW cybersecurity category.
Similarly, O-1 visa applicants may receive an RFE if USCIS needs more evidence of their extraordinary ability in their field. Whether you’re pursuing an entrepreneur US visa or a visa EB2 USA, RFEs are something to prepare for.
At Veripass, we’re not just about filling out forms and submitting documents (though we’re experts at that too!). We help you understand your unique story, your goals, and your challenges—crafting applications that address EB2 NIW requirements and avoid common pitfalls like receiving an RFE for an EB2 NIW green card.
Think of Veripass as your trusted partner, here to provide personalized guidance every step of the way. From crafting a compelling visa EB2 NIW 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 USCIS notice will specify a deadline, typically 30-90 days. Missing this deadline could lead to a denied EB2 green card or O1 visa application.
- Submit all your documents together: If USCIS requests multiple documents, include them all in one package to support your EB2 NIW process.
- Stay organized: Clearly label and highlight key evidence—especially important for complex cases like an EB-2 NIW (National Interest Waiver) or when addressing a Request for Evidence for your green card NIW.
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 visa EB-2 or O-1 visa application will be denied, it can cause significant delays—even contributing to the green card backlog.
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:
- EB2 NIW applicants: Include strong proof of your exceptional ability, such as publications, citations, and expert letters to meet EB2 requirements.
- O-1 visa applicants: Provide proof of extraordinary ability, like media coverage, awards, or industry recognition to avoid RFE USCIS.
2. Insufficient Financial Support
If you’re applying for a family-based visa, you may need to include a US visa bank certificate. Employment-based applicants must show employer ability to pay, especially relevant for the EB-2 green card process.
3. Missing Proof of Status
For those adjusting status to an EB 2 visa USA, include a stamped passport or I-94. Without it, your EB-2 visa could face delays.
4. Missing Document Translations
All documents not in English must include certified translations—this is a common request for evidence USCIS may issue.
5. Lack of Specialized Evidence
Tailor your evidence to your visa type:
- EB2 NIW: Emphasize how your work serves the national interest of the U.S.
- O1 visa: Show your extraordinary ability through exclusive contracts, articles, or endorsements.
6. Unusual Cases
Have a unique situation like previous visa denials or employment gaps? Provide explanations and evidence to avoid an RFE that delays your visa EB2 NIW or green card NIW.
What does an RFE look like
Here’s how to respond:
- Read the RFE Carefully: Know exactly what’s being asked.
- Review Your Original Application: Ensure the info hasn’t already been submitted.
- Gather All Requested Documents: Especially critical for EB-2 visas and green card EB2 cases.
- Write a Cover Letter: If needed, include a cover letter for response to birth certificate RFE or other personalized explanation.
- Meet the Deadline: Use a trackable method to confirm response to USCIS request for evidence was received.
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 triggers helps you avoid delays in your EB-2 green card, EB2 NIW visa, or O-1 visa application.
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.
All of these can trigger a Request for Evidence, impacting your EB2 NIW approval rate or O-1 visa approval rate.
Impact of RFEs on Processing Times
An RFE can delay your EB-2 NIW or O-1 visa application by 3-5 months. Avoid getting stuck in the green card backlog:
- Respond thoroughly
- Submit your RFE response quickly
- Avoid multiple requests for evidence
FAQs
Does receiving an RFE mean my application will be denied?
Not at all! It’s simply a request for clarification—especially common in the EB2 NIW process and visa EB2 USA applications.
Can I request an extension for the RFE deadline?
USCIS rarely grants extensions, even for complex EB2 national interest waiver cases. That’s why it’s essential to work with experts like VeriPass.
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!