RFE Guide: a comprehensive guide
RFE is a request for further evidence issued by USCIS. Over 30% of all applications have received an RFE in the last 5 years. Receiving an RFE may feel scary and surprising to you, but don't worry, this is totally normal. In this guide we will answer most common RFE questions and provide practical and clear guidance how to best to respond to an RFE request.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
12 min read • April 08, 2024
Key takeaways
An RFE is not a denial! It just means USCIS needs more information regarding your visa application.
Usually you will have up to 86 days to respond to your RFE, but the exact number of days is specified on your RFE letter.
If your RFE is rejected, you still have options, such as filing an appeal, a motion to reopen or reconsider, or reapply for the visa.
Manifest immigration lawyers handle RFE's for cases filed by other attorneys or directly by immigrants. We are experienced with some of the most complex RFE cases. Contact us now to request your RFE evaluation.
Quick stats
What does RFE stand for? Request for Further evidence by USCIS.
An RFE is a "Request for Evidence”. If USCIS needs more information or additional documents related to your visa application, you might receive an RFE. This request will spell out exactly what extra documents or details they're looking for and give you a deadline to send them in.
If you just received a Request for Evidence, it is normal to be unsettled or even a bit stressed. But it's important to know that RFEs are very common. For certain visa types RFE's are more common than for others.
Even if you receive a Request for Evidence, your chances of getting your visa approved are still quite good! For instance, based on USCIS data from 2019, H1B visas with an RFE had a 62.7% approval rate, O1 visas had a 66.8% approval rate, R1 visas had an 82.4% approval rate, and TN visas had a 59.2% approval rate.
So, if you receive an RFE – don't panic! An RFE doesn’t mean that your application is going to be denied.
Responding to a USCIS RFE is super important because if you don't provide what they're asking for within the deadline, your application could be rejected.
Dealing with a Request for Evidence (RFE) from USCIS can be a hassle, so it's best to try to avoid getting one if you can. While receiving an RFE doesn't automatically mean your application will be denied, it does cause extra delays.
In many cases, you can prevent getting an RFE by making sure your application is carefully prepared before you submit it.
Let’s take a look at some of the most common reasons scenarios where you may receive an RFE:
Missing Information: Sometimes, your initial visa application might be missing essential documents or details. That's when USCIS might ask for more info through an RFE.
Not Enough Evidence: Your application might lack enough evidence to prove your eligibility for the visa you’re applying for. USCIS could request extra evidence to support your case.
Clarifications Needed: If there are any confusing or incorrect details in your application, USCIS might ask for clarification or corrections to clear things up.
Document Validity: USCIS might question the validity or authenticity of certain documents you've submitted. They could ask for additional evidence to verify their accuracy.
Eligibility Doubts: Sometimes, USCIS might need more information to determine if you meet specific eligibility criteria, especially if your case is complex.
Criminal or Medical Records: If you have a criminal record or medical condition, USCIS might request more details to assess how it affects your application.
Employment Verification: For work-related visas, USCIS might want to verify details about your job and employer.
Family Relationships: If you're applying for family-based immigration, USCIS might ask for extra evidence to prove the legitimacy of your family relationship.
Financial Status: USCIS might request additional evidence to assess your financial situation.
Specific Requirements: Depending on the visa type you're applying for, USCIS might have specific requirements or questions that they need more information on.
If you're thinking about filing your own visa application, it's important to know that you might end up getting a Request for Evidence (RFE).
When you handle it on your own, there's a chance you might miss important details or make mistakes in your application. This could mean you don't provide enough evidence to prove you're eligible for the visa you're applying for, which can lead to an RFE asking for more information.
To avoid this headache, it's smart to make sure your application is really well-prepared before you send it off.
One way to do that is by hiring an immigration lawyer who knows the ins and outs of the process. They'll make sure your application is complete, accurate, and has everything it needs. Plus, they'll help gather all of the supportive documents for you, saving you a bunch of time and stress.
Reach out to us at Manifest Law to get assistance with your visa or green card application.
Getting an RFE during your visa application might feel like a curveball, but it's not necessarily good or bad news. It's just the government asking for more info to help make a decision on your visa application.
Sometimes, an RFE is just part of the process. It means they've pinpointed areas where they need more details to move forward. By responding quickly and giving them what they ask for, you're giving your application a better shot at success.
Just keep in mind that dealing with a USCIS RFE means extra steps and might cause delays. And the reasons for getting one can vary a lot—from small issues to more serious concerns about your eligibility or paperwork.
The bottom line? Stay on top of it, provide what they need, and don’t miss the deadline.
First page
The first page of the RFE will look something like this:
Your case number, located in the top right corner under the barcode
The RFE response deadline date, which is the latest you can submit your response to USCIS
Request pages
The RFE will outline the specific areas where USCIS requires clarification or additional evidence. This may include requests for specific forms, supporting documents, affidavits, or other evidence to substantiate claims made in the original application.
For example, this page requests the beneficiary to provide evidence of his authorship of scholarly articles, and evidence that he performed a leading or critical role for an organization.
USCIS has specifically outlined the requirements and the documentation that would serve as sufficient evidence.
Coversheet (last page)
The final page of the RFE will serve as the coversheet for your RFE response. It will look like this:
For your RFE response, you will need to place this coversheet on top of your detailed response and all supporting documents. Make sure to complete this form and check off the correct boxes.
Okay, so you received an RFE from USCIS. Now what? Let’s break down exactly how you should respond to an RFE step-by-step:
Read the RFE thoroughly: Make sure you understand exactly what additional information or documents they're asking for.
Gather your documents: Gather all the documents and information requested in the RFE. Keep them organized and make copies for your own records.
Organize your response: Write a detailed response to the RFE, addressing each point they've raised. Be clear and specific, and provide evidence to back up your explanations.
Submit on time: Follow the instructions provided in the RFE for submitting your response. Aim to submit your response well before the deadline. This will help avoid any delays in processing your application.
Keep records: Keep copies of all the documents (including the original RFE!) and correspondence related to your response. You may need them for future reference.
💡 Manifest Tip: If any of the documents provided are not in English, make sure to include certified translations along with the original documents! If you are a Manifest client, we will gladly introduce you to a certified translator.
23
Dan faced some hurdles on his journey to securing his EB1 visa. When he applied, he hit a roadblock: a Request for Evidence (RFE) from USCIS.
The issue? His documents weren't certified translations, and they were in Russian and Ukrainian.
Dan’s attorney worked with a trusted translation company, who got all the documents accurately translated and certified before sending them back to USCIS.
After submitting his RFE response, Dan's visa got approved!
Manifest Law©️. Learn more on www.manifestlaw.com
23
Alex applied for an H-1B visa to work for a leading technology company in the US. However, his application encountered a setback when his employer received an RFE from USCIS.
USCIS was asking for additional information to confirm that his job was a “specialty occupation” that requires a bachelor’s degree or specialized knowledge.
In order to respond, we collected information from the employer showing the job duties and nature of his role. We provided evidence that his role typically requires a bachelor’s degree, including references to job postings and expert opinion letters. We also provided USCIS with a letter arguing that the job was in fact appropriately classified as a “specialty occupation” for the H1B visa.
After submitting our response, Alex’s visa was approved and he was able to begin working in the US under H1B visa status.
Manifest Law©️. Learn more on www.manifestlaw.com
Unfortunately, you can't ask for an extension on a RFE USCIS.
Here's the deal: USCIS has the authority to deny applications without even sending an RFE.
However, receiving an RFE is actually an opportunity for you to provide additional evidence that could sway the decision in your favor. But here's the catch: if you don't respond to the RFE promptly and thoroughly, USCIS may simply deny your application.
So, it's essential to approach RFEs with diligence and ensure your response is thorough and timely to avoid any setbacks in your immigration journey.
When you respond to an RFE from USCIS, it's natural to wonder how long it'll take to hear back. While there's no fixed answer, typically the RFE USCIS response time is within about 60 days after they have received your response.
Remember, this is just an estimate, and actual response times can vary depending on factors like how complex your case is and how busy USCIS is at the time.
If you haven't heard back within a reasonable timeframe, you can check your case status online or get in touch with USCIS directly for an update.
23
Tamara and her fiancé were eagerly applying for a marriage-based green card, hoping to start their life together in the U.S. Since Tamara was previously married, USCIS sent a request to confirm that her prior marriage was legally terminated.
In the RFE response, we included an official copy of her divorce certificate, showing that her prior marriage was terminated. We included a letter arguing that Tamara was in fact eligible to apply for a marriage-based green card.
Ultimately, Tamara’s green card was approved and she was able to move to the US with her spouse.
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
H-1B Initial Denial Rate
7.4%
15.5%
24.6%
H-1B RFE Rate
21.4%
38%
60%
H-1B Approved After RFE Rate
73.6%
62.4%
61.5%
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
L-1 Initial Denial Rate
19.2%
21.2%
25.6%
L-1 RFE Rate
36.2%
45.6%
51.8%
L-1B Approved After RFE Rate
49.4%
52.9%
52.7%
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
O Initial Denial Rate
5.9%
9.3%
9.3%
O RFE Rate
22%
27.8%
27.8%
O Approved After RFE Rate
74%
67.2%
67.2%
Manifest Law©️. Learn more on www.manifestlaw.com
Fiscal Year
2017
2018
2019
TN Initial Denial Rate
8.4%
11.8%
11.6%
TN RFE Rate
22%
28.2%
27.9%
TN Approved After RFE Rate
64.7%
59.9%
59.8%
Manifest Law©️. Learn more on www.manifestlaw.com
If after your response to a Request for Evidence (RFE), the case is still turned down by USCIS, it means that your application or petition didn’t provide sufficient evidence to address the concerns raised in the RFE.
USCIS will send you a notice saying your application has been denied. They'll explain why and what you can do next.
Depending on the circumstances, you may have the option to appeal the decision, file a motion to reopen or reconsider, or reapply for the visa.
Let’s take a closer look at each of these options:
If you believe USCIS made a mistake in denying your application, you can appeal the decision. This means asking a different authority to review your case and reconsider the decision. You'll need to provide additional evidence or arguments to support your appeal.
Here are the steps you’d need to take:
File Form I-290B, Notice of Appeal or Motion
Submit any additional evidence or arguments that support your case. This could include documents, affidavits, or legal arguments.
Wait for a decision from USCIS
When you appeal a decision, the USCIS office that made the original decision will first review your appeal. Either they will either treat the appeal as a motion to reopen or a motion to reconsider and approve the application or petition. Or, they will forward the appeal to issue a new decision.
How much time do I have to file an appeal?
Typically, you must file an appeal within 30 days from the date of the decision, not when you received it. Some cases, like petition approval revocations, have a 15-day deadline.
Your decision notice will specify the filing timeframe. No extensions are granted. However, when the decision is mailed, you're given an extra 3 days (33 days for denials, 18 days for revocations).
When should I expect to receive a decision on an appeal?
The AAO aims to finish reviewing appeals within 180 days from when it gets all necessary documents after the initial review. But some cases might take longer, especially if they need more paperwork or are complex and need extra scrutiny.
Where do I file an appeal?
Your denial or revocation notice will specify which form to use for your appeal. You can find where to send your appeal on the Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion page.
If you're mailing your appeal, make sure you send it in time to reach the office by the deadline. Don't send forms or fees directly to the AAO.
A motion to reconsider asks the office that made the unfavorable decision to review it due to a mistake in applying the law or policy. You must show that the decision was wrong based on the evidence available at that time. You'll need to provide citations to relevant laws, regulations, or precedent decisions to support your case.
Unlike a motion to reopen, a motion to reconsider doesn't involve presenting new facts or evidence. It focuses solely on demonstrating that the decision was incorrect based on the information available at the time of the decision.
Here are the steps you’d need to take:
First, determine your eligibility. Typically, you must file within 30 days of the decision if there are no appeal rights, or within 33 days if the decision was mailed.
Provide new evidence or arguments to USCIS, for why your case should be reconsidered
Wait for a decision from USCIS
How much time do I have to file a motion?
Typically, you must file motions within 30 days from the date of the decision, not when you received it. However, if the decision is mailed to you, you get an extra 3 days, making it a total of 33 days to respond.
You can only get an extension to file your motion to reopen if you can prove the delay was reasonable and beyond your control.
When should I expect to receive a decision on a motion?
USCIS aims to process motions within 90 days. The AAO aims to finish reviewing motions within 180 days from receiving a complete case file.
Where do I file a motion?
Your denial or revocation notice will specify which form to use for your motion. You can find where to file your motion on the Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion page. If you're mailing your motion, ensure it arrives at the office by the deadline. Do not send forms or fees directly to the AAO.
What can I do if my motion is denied or dismissed?
You can appeal a decision on a motion to the AAO only if the original decision was eligible for appeal to the AAO.
If your application is denied, you may have the option to reapply for the visa you were seeking. This involves submitting a new application with any necessary updates or corrections.
Here are the steps you’d need to take:
First, understand what exactly led to the denial of your previous application
Prepare and submit a new visa application
Pay any fees associated with your new application
Submit your new application to USCIS or the consulate
Wait for processing
Make sure to think carefully about which option suits your situation best and don't hesitate to consult with an immigration lawyer if you're unsure about your next steps.
Request free consultation with Manifest Law today
Reach out to get an evaluation the strength of your case.
✓ Understand the visa requirements: Take the time to understand what's required for your visa application. You can check out our comprehensive visa guides which include details on the requirements for each visa type.
✓ Fill out forms accurately: Complete all forms accurately and thoroughly. Check them for errors before submitting.
✓ Proofread carefully: Before sending off your application, proofread everything to catch any spelling mistakes or typos.
✓ Follow formatting guidelines: Pay attention to formatting rules provided by USCIS to ensure your application meets their standards. Organize your application in a way that is easy to read and navigate.
✓ Address inconsistencies: If there are any inconsistencies in your application, explain them when you submit it.
✓ Include certified translations: Provide complete certified translations for any documents originally in a foreign language.
✓ Ensure clear photocopies: When making photocopies or scanning documents, make sure they are clear and readable to avoid any issues with important details being missed.
Getting expert legal help is one of the most effective ways to steer clear of an RFE. By hiring an immigration lawyer to assist with your visa application, you significantly lower the risk of receiving an RFE. At Manifest Law, our team boasts decades of experience handling various visa types. We can meticulously review your application to ensure accuracy and include all necessary documents.
Discover more about our immigration law services here. Our team is eager to support you!
The cost to hire an attorney to help you with an RFE really depends on the complexity of your visa case and the response needed.
Here is a general overview of the fees you could expect:
Low complexity RFE case
Medium complexity RFE case
High complexity RFE case
$500 - $2,000
$2,000 - $4,000
$4,000 - $6,000
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The extra fees you might encounter depend on the specifics of your situation. Here's a breakdown of potential costs to keep in mind when dealing with an RFE:
Translation costs
Document preparation costs
Translation costs can vary depending on the length and complexity of the documents.
These include costs associated with obtaining or preparing documents to support your response, such as obtaining records from government agencies or employers.
Manifest Law©️. Learn more on www.manifestlaw.com
Dealing with a Request for Evidence (RFE) from USCIS can seem overwhelming, but with the right guidance, it's manageable. Understanding why you received the RFE and how to respond effectively can improve your chances of visa approval.
Remember, an RFE is an opportunity to provide more evidence and clarify any issues, not necessarily a sign of denial.
Whether you decide to handle the RFE on your own or seek help from an immigration attorney, staying proactive is crucial. At Manifest Law, we're here to support you throughout your immigration journey. Reach out today to learn how we can assist with your visa or green card application.
