What to do when you receive an RFE
After you file an immigration application, it's common to receive a Request for Evidence (RFE) from USCIS. It means the officer doesn't think the current evidence is enough to approve the application, and is giving you a chance to submit more. Handled well, many cases with RFEs are ultimately approved; handled poorly, the application may simply be denied.
The difference between an RFE and a NOID
| RFE (request for evidence) | NOID (notice of intent to deny) | |
|---|---|---|
| What it means | The evidence is insufficient; please submit more | The officer is inclined to deny and is giving you a last chance to respond |
| Response deadline | Stated on the notice, usually from several weeks up to 12 weeks | Stated on the notice, usually shorter |
| How serious | Common; doesn't mean you'll be denied | More serious; needs a more targeted response |
The deadline is the date stated on the notice, and it usually cannot be extended. If you don't respond in time, the application will be decided on the existing record — usually a denial.
Common reasons for RFEs
- Extraordinary ability (EB-1A, NIW, O-1): the evidence doesn't show a criterion is met, or the explanation of "impact" in the overall merits review is not strong enough;
- Investment (E-2, EB-5): the source or path of funds is unclear, questions about whether the investment is "substantial," or a business plan that isn't specific enough;
- Employment (H-1B, L-1): whether the position is a specialty occupation, and proof of the employment relationship or managerial duties;
- Family-based: not enough evidence of a genuine marriage, an affidavit of support that doesn't meet the requirements, or problems with birth or marriage documents;
- Common to all: missing translations, illegible documents, or inconsistent information across forms.
How to prepare a response
- Break the notice down item by item. An RFE usually lists each thing the officer considers missing. Your response needs to address each one, without leaving any out.
- Identify the real issue. Sometimes the officer doesn't need "more documents" but a clearer explanation of why the evidence meets the regulatory standard.
- Add targeted evidence. Fewer, stronger documents beat a pile of irrelevant material. Where needed, add expert letters, third-party verification or official records.
- Include legal argument. A cover letter should tie the evidence to the regulations, policy guidance and precedent, helping the officer reach an approval.
- Organize and file as instructed. Put the original notice on top, order the exhibits, and leave time for delivery before the deadline.
What not to do after receiving an RFE
- Don't wait until the last few days to start;
- Don't submit large amounts of material unrelated to the issues in the notice;
- Don't submit information that contradicts your original application; explain any differences where necessary;
- Never falsify or alter any document — the consequences are far more serious than a denial.
If your application has already been denied
Depending on the situation, you can file a motion to reopen or reconsider (I-290B), appeal to the Administrative Appeals Office, or strengthen the evidence and refile. Each option has different deadlines and uses, so assess your options promptly after a denial.
Received an RFE or a denial? Bring the notice and your original application, and book a consultation. We also take cases filed by other attorneys or by applicants themselves.
This article is general information and is not legal advice. Specific deadlines and requirements are as stated in your notice and the latest USCIS rules.