RFE FAQ: What employers and employees need to know

What is an RFE?

A Request for Evidence (RFE) is a notice issued by U.S. Citizenship and Immigration Services (USCIS) asking for additional documentation before making a decision on an immigration petition. RFEs are part of the normal adjudication process and do not mean your case has been denied. Instead, they indicate that USCIS needs more information to confirm eligibility.

RFEs are common in employment-based immigration and can occur even when petitions are carefully prepared. While they can cause delays, they are also an opportunity to strengthen your case. Importantly, an RFE is separate from a Notice of Intent to Deny (NOID), which signals a more serious concern. Understanding RFEs — and responding effectively — is critical for employers managing global talent.

Why do RFEs happen?

USCIS issues RFEs when the initial evidence submitted does not fully establish eligibility under the law. This can happen for many reasons, including incomplete documentation, unclear job descriptions or evolving policy interpretations.

In recent years, RFEs have become more frequent due to heightened scrutiny of employment-based petitions. Policy trends show increased review of H-1B and L-1 petitions, with adjudicators requesting more detailed evidence on job duties, qualifications and employer-employee relationships. While rates vary by visa category, the overall trend reflects a stricter approach to compliance.

Which visa types see higher RFE rates?

RFEs can occur across many employment-based categories, but some visa types see higher rates:

• H-1B: Often scrutinized for specialty occupation requirements.
• L-1A and L-1B: Commonly challenged on managerial or specialized knowledge roles.
• TN: May require detailed evidence of extraordinary ability or professional qualifications.
• O and EB-1 categories: Especially regarding proof for multinational manager petitions. May require detailed evidence of extraordinary ability or proof for multinational manager petitions.
• Adjustment of Status: Employee-specific filings can also trigger RFEs.

What are common reasons for RFEs?

While each case is unique, certain issues frequently lead to RFEs:

• Specialty occupation challenges (H-1B): USCIS may question whether the role truly requires a degree in a specific field.
• Employer-employee relationship (L-1, EB-1C): Requests for proof of qualifying relationships between entities.
• Beneficiary qualifications: Evidence of degrees, experience or specialized knowledge.
• Maintenance of status: Documentation showing the employee maintained lawful status in the U.S.
• Corporate changes: Successor-in-interest issues for I-140 petitions.
• Managerial or specialized knowledge roles: Detailed organizational charts and job descriptions often required.

How should employers and employees respond to RFEs?

Responding to an RFE promptly and thoroughly is essential. Missing deadlines or providing incomplete information can result in denial.

Key steps in responding to an RFE include:

• Reviewing the RFE notice carefully: Note the due date and specific evidence requested. USCIS deadlines are strict — there are no extensions.
• Gathering requested documentation: Ensure all materials are accurate, complete and organized.
• Working with immigration counsel: Legal arguments and strategic presentation are critical to addressing USCIS concerns.

BAL partners with employers to analyze RFEs, develop tailored strategies and draft persuasive responses that meet USCIS requirements.

How can employers and employees reduce the risk of RFEs?

While RFEs cannot always be avoided, proactive measures can reduce risk:

• File strong initial petitions: Provide detailed job descriptions, organizational charts and supporting evidence up front.
• Maintain compliance documentation: Keep records of employment history, status maintenance and corporate structure.
• Plan for corporate changes: Mergers, acquisitions and reorganizations can trigger RFEs. Coordinate early with immigration counsel.
• Work closely with experienced counsel to make a strong visa case and ensure petitions anticipate USCIS scrutiny and minimize vulnerabilities.

What happens if an RFE is not answered?

Failure to respond to an RFE by the stated deadline will result in denial of the petition. USCIS does not grant extensions beyond the timeframe listed in the notice. Employers should track deadlines carefully and allocate resources to prepare responses promptly.

What are key timelines and deadlines for RFEs?

The standard response window for RFEs ranges from 30 to 90 days, depending on the case type. USCIS specifies the exact deadline in the notice. Missing this deadline will lead to automatic denial, so timely action is critical.

What RFE resources are available to employers and employees?

BAL offers comprehensive support for managing RFEs, including:

• Strategic review of USCIS requests
• Development of tailored response plans
• Drafting and submission of complete, persuasive responses

Employers and employees can access these information pages for reference or contact BAL for more information:

• USCIS RFE guidance
• USCIS decision procedures