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Everything You Need to Know About Work Visa Requests for Evidence (RFEs)

With the Request for Evidence (RFE) rates on the rise, it’s more important than ever to understand RFEs and how to address them.

RFEs can leave you feeling uneasy, but don’t worry too much just yet: an RFE is not a denial. USCIS issues an RFE when they need additional information before making a final decision.

In this post, we’ll cover the basics and what to do so you can address an RFE with confidence.

What You’ll Find in an RFE

  1. A summary of the original application
  2. Language from relevant laws like the Immigration and Nationality Act
  3. A list of the evidence you already submitted. Review this section thoroughly. You should verify that all of the documents in your original application are listed. USCIS may have missed something if you discover that the list of evidence is incomplete.
  4. A list of missing evidence and which requirement(s) has not been met based on the documents submitted with the original application.
  5. A deadline. This is the date by which USCIC must receive the response, not the postage date. If you miss this deadline, you’ll almost certainly get a denial!

How to Prepare a Response 

Gather necessary documents listed in the RFE

You may get asked for additional evidence, like software engineer job postings in your area to prove that a degree is required for the position for an H-1B RFE. For O-1s, they may ask for additional details on your membership as a Thiel Fellow. There are boilerplate RFE templates here, just find ‘RFE.’

Putting it all together 

You’ve gathered the additional evidence and you’re ready to mail it back to USCIS. All packaged up, your response should include:

  • A copy of the RFE notice. Make a photocopy of the notice and keep it with your records!
  • A cover letter that outlines the documents in your application.
  • All previously submitted evidence (making note that the evidence is from the original application), and all additional evidence.
  • Explanation letters
  • Mail to the exact address provided in the RFE notice

If you need assistance with an RFE, Legalpad can help you! Reach out to us to get started.

About the author:

Allison Davy

Vice President Marketing, Legalpad

Allison helps startup founders from around the world navigate the complex U.S. immigration system so they can pursue their goals and purpose.