Receiving a request for initial evidence from USCIS can be a daunting experience for anyone navigating the immigration process. This crucial step in your application journey requires careful attention and a thorough response.

Understanding what a request for initial evidence means and how to effectively address it can make the difference between a successful outcome and potential delays or denials in your immigration case.

In this comprehensive guide, you’ll learn about the common reasons for receiving an RFE, the initial steps to take upon receipt, and how to gather and prepare the necessary evidence. We’ll walk you through crafting a strong RFE response, help you avoid common mistakes, and provide insights on submitting your response to USCIS.

By the end, you’ll be well-equipped to handle a request for initial evidence with confidence and increase your chances of a favorable decision on your immigration application.

What is a Request for Evidence (RFE)?

A Request for Evidence (RFE) is a formal notice issued by U.S. Citizenship and Immigration Services (USCIS) when they need additional information to make a decision on your immigration application. It’s essentially USCIS’s way of saying, “We need more documentation before we can proceed with your case.”

Definition and Purpose

When USCIS reviews your application, they may find that the evidence you’ve submitted doesn’t fully demonstrate your eligibility for the immigration benefit you’re seeking. In such cases, they send an RFE to give you a chance to provide the missing information. This process allows you to strengthen your application and increase your chances of approval.

The RFE is communicated through Form I-797E, also known as a Notice of Action. You’ll receive this form at the mailing address you provided on your application. It’s crucial to understand that an RFE doesn’t necessarily mean your application is headed for denial. Instead, view it as an opportunity to review your application and ensure you’ve presented the most compelling evidence possible.

Types of RFEs

RFEs can vary depending on the specific information USCIS requires.

They typically contain four main components:

1. Legal basis: The notice usually begins by quoting relevant U.S. immigration law, referencing a section of the Immigration and Nationality Act (INA) related to your application type.
2. Submitted evidence: USCIS lists the documents you’ve already provided.
3. Missing evidence: This section outlines the additional documentation USCIS needs to make a decision on your case.
4. Response deadline: The RFE specifies the timeframe within which you must submit your response.

The content of an RFE is tailored to your specific case. It identifies the eligibility requirements that haven’t been established, explains why the submitted evidence is insufficient, and provides examples of other evidence that could help establish eligibility.

Timeframe for Response

When you receive an RFE, it’s crucial to pay attention to the response deadline. USCIS typically allows a maximum of 12 weeks (84 days) for you to respond to an RFE. Regulations set this timeframe, and USCIS officers are prohibited from granting additional time beyond this limit.

However, it’s important to note that USCIS has the flexibility to assign shorter response times on a case-by-case basis. The RFE will clearly state the deadline by which you must submit the requested evidence to USCIS. Failing to meet this deadline can have serious consequences – USCIS will make a decision based solely on the information they already have, which often results in a denial of your application.

Remember, when responding to an RFE, you must send all requested documents together in one response packet. Partial responses are not accepted, and USCIS will not consider any evidence submitted after the deadline has passed.

By understanding what an RFE is and how to respond effectively, you can navigate this crucial step in the immigration process with confidence. Timely and thorough responses to RFEs can significantly impact the outcome of your application, bringing you one step closer to achieving your immigration goals.

Common Reasons for Receiving an RFE

When USCIS reviews your application, they may find that the evidence you’ve provided doesn’t fully demonstrate your eligibility for the immigration benefit you’re seeking. In such cases, they issue a Request for Evidence (RFE) to give you a chance to provide the missing information. Understanding the common reasons for receiving an RFE can help you prepare a stronger initial application and respond effectively if you do receive one.

Incomplete Application

One of the most frequent reasons for receiving an RFE is submitting an incomplete application. This occurs when you haven’t provided all the required initial evidence for your benefit request. USCIS needs a complete set of documents to make an informed decision on your case. To avoid this issue:

• Carefully review the application instructions
• Double-check that you’ve included all required forms and supporting documents
• Ensure all fields on the forms are filled out accurately and completely

Insufficient Documentation

Even if you’ve submitted all the required documents, USCIS may determine that the evidence you’ve provided is insufficient to establish your eligibility. This is particularly common in H-1B visa petitions. Here are some specific areas where insufficient documentation often leads to RFEs:

1. Specialty Occupation: USCIS may question whether the job position requires a bachelor’s degree or higher in a specific field related to the job duties.
2. Wage Level: The agency might seek justification for the selected wage level in the Labor Condition Application (LCA).
3. Employer-Employee Relationship: Evidence may be needed to establish a bona fide employer-employee relationship, including the employer’s right to control the employee’s work.
4. Work Assignment Duration: USCIS may request proof of sufficient work duration at the end-client site for consulting or contract positions.
5. Educational Qualifications: Evidence of the beneficiary’s qualifications, including degree certificates, transcripts, and possibly third-party U.S. equivalency evaluations, may be required.
6. Maintenance of Status: For status extensions or changes, recent pay stubs or other evidence of maintaining valid status may be necessary.

Eligibility Concerns

Sometimes, USCIS may have concerns about your overall eligibility for the immigration benefit you’re seeking. This could be due to:

1. Legal Interpretation: USCIS might interpret a specific aspect of immigration law differently than you have, questioning your eligibility based on their understanding.
2. Complex Cases: If your case involves unique or complex circumstances, USCIS may need additional information to fully understand and evaluate your eligibility.
3. Discrepancies: If there are inconsistencies in your application or between your application and USCIS records, they may issue an RFE to clarify these discrepancies.
4. Company Verification: For employment-based petitions, USCIS uses a system called VIBE to verify key company details. If there’s a mismatch, they may request additional evidence of the company’s operations and ongoing business activities.

By understanding these common reasons for RFEs, you can take proactive steps to strengthen your initial application. If you do receive an RFE, don’t panic. It’s an opportunity to address USCIS’s concerns and provide the necessary evidence to support your case. Remember, USCIS’s goal is to make an informed decision based on complete and accurate information.

Initial Steps After Receiving an RFE

Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) can be a nerve-wracking experience. However, it’s crucial to remain calm and approach the situation methodically. This section outlines the initial steps you should take after receiving an RFE to ensure you respond effectively and increase your chances of a favorable outcome.

Carefully Reading the Request

The first and most critical step is to read the entire RFE carefully. USCIS provides detailed information about why you’re receiving the RFE, including:

1. The eligibility requirements that haven’t been established
2. Why the evidence you’ve submitted is insufficient
3. Any missing documentation specifically required by applicable statutes, regulations, or form instructions
4. Examples of other evidence that may help establish your eligibility

Take your time to understand each part of the RFE thoroughly. Remember, you typically only get one chance to respond, so it’s essential to address all the concerns raised by USCIS in this single opportunity.

Identifying Specific Issues

After carefully reading the RFE, your next step is to identify the specific issues USCIS has raised. Review your original application package alongside the RFE. Sometimes, USCIS officers may overlook information you’ve already provided. If this is the case, you can simply photocopy the relevant documents from your original application to include in your RFE response.

Create a checklist of all the additional documents and evidence USCIS is requesting. This will help you organize your response and ensure you don’t miss any crucial elements. If there are documents you can’t provide, prepare to explain why and consider alternative evidence you could submit instead.

Consulting with Experts

Given the complexity of immigration law and the high stakes involved, it’s highly recommended that you consult with experts when responding to an RFE. Immigration attorneys or EB-5 professionals with extensive experience in dealing with USCIS and RFEs can provide invaluable assistance.

These experts can help you:

1. Interpret the RFE correctly, ensuring you understand all the requirements
2. Identify the most appropriate evidence to submit
3. Craft a comprehensive response that addresses all of USCIS’s concerns
4. Ensure your response follows all instructions and meets USCIS standards

Remember, USCIS requires you to submit all requested materials together at one time, along with the original RFE. Partial responses are treated as requests for a final decision on the record, and USCIS won’t wait for a second response or issue another RFE.

Lastly, pay close attention to the deadline indicated on the RFE notice. USCIS typically allows several weeks to several months for a response, but it’s crucial to submit your complete response before this deadline. Failing to meet the deadline will result in USCIS making a decision based on the information they already have, which often leads to a denial.

By carefully reading the request, identifying specific issues, and consulting with experts, you’ll be well-prepared to craft a comprehensive and effective response to your RFE. This methodical approach can significantly improve your chances of a favorable outcome in your immigration case.

Gathering and Preparing Evidence

When responding to a Request for Evidence (RFE), gathering and preparing the right documents is crucial. This process involves collecting required documents, obtaining expert opinions, and translating foreign documents. Let’s explore each of these steps in detail.

Collecting required documents

To effectively respond to an RFE, you need to gather all the necessary documents. The purpose of this evidence is to determine the facts or matters at issue in your case. When reviewing your application, USCIS officers examine each piece of evidence for relevance, probative value, and credibility. They consider this evidence both individually and within the context of the totality of the evidence to determine whether the facts you’re trying to prove are “more likely than not” or “probably” true.

It’s important to note that any evidence you submit becomes part of your benefit request. USCIS requires primary evidence where it’s generally available. Primary evidence directly proves an eligibility requirement. For example, a divorce certificate is primary evidence of a divorce. If you can’t obtain primary evidence, you must demonstrate that it doesn’t exist or can’t be obtained and provide secondary evidence instead.

Secondary evidence may demonstrate that a fact is more likely than not true but doesn’t come from a primary, authoritative source. If you assert that primary evidence doesn’t exist or can’t be obtained when it’s generally available according to the U.S. Department of State, this may create a presumption of ineligibility, which you’ll need to overcome.

Obtaining expert opinions

Expert opinions can play a crucial role in strengthening your RFE response, especially for certain types of applications like EB-2 National Interest Waivers (NIW). Letters of recommendation or expert opinion letters are often considered the cornerstone of such petitions.

Ideally, you should submit a minimum of 5-7 letters from distinguished independent experts to bolster the factual, objective evidence in your case. These letters should come from two circles:

1. The “inner circle” of experts who have directly worked with you or are familiar with your work.
2. The “outer circle” of distinguished independent industry experts in your field of endeavor.

A well-crafted expert opinion letter should include:

• An introduction about the scope of the letter
• The qualifications and role of the expert
• The nature of the expert’s association with you (if any)
• Supporting evidence validating the expert’s capacity to relate to your proposed endeavor
• A detailed resume of the expert

The letter should also include as much objective evidence as possible to attest to the three prongs of the Matter of Dhanasar, which is crucial for NIW cases. This evidence can include independently verifiable analytics, statistics, factual data, references, citations, and both quantitative and qualitative information.

Translating foreign documents

If any of your documents are in a foreign language, you must have them translated into English. This requirement applies to all documents submitted in support of a benefit request, including those for the sponsoring relative or the relative seeking the green card. Common documents requiring translation include birth certificates, marriage certificates, divorce papers, police records, and bank statements.

The translation must be complete and accurate. The translator must certify that:

1. They are qualified to translate the document because they are competent in both English and the document’s original language.
2. They have translated the document accurately and completely to the best of their abilities.

While current immigration law allows you or your relative to be your own translators if you can certify competence in both languages, it’s important to note that the acceptance of a certified English translation is always at the discretion of the immigration officer reviewing your documents.

Remember, when dealing with official documents from government agencies, you may receive an “extract” or abbreviated version. USCIS and the State Department will accept these official extract versions, as long as an authorized official prepared them and contain all the necessary information for deciding on your application.

Crafting a Strong RFE Response

When you receive a Request for Evidence (RFE) from USCIS, it’s crucial to respond strategically and thoroughly. Your response can make the difference between approval and denial of your petition. To craft a strong RFE response, you need to address each point systematically, provide detailed explanations, and use supporting evidence effectively.

Addressing each point systematically

To begin, create a well-structured cover letter that serves as an overview of your case. Start with an introduction that outlines the purpose of your application and the nature of your response. Follow this with a detailed list of the enclosed documents, preferably using bullet points, to help the USCIS officer navigate your submission easily.

In your cover letter, address each issue raised by USCIS in a systematic manner. Provide clarifications, amendments, and specific arguments that directly respond to the concerns mentioned in the RFE. This approach ensures your response is thorough and targeted. Break down your response into sections that correspond to each point raised in the notice, making it easier for the USCIS officer to review your case.

Providing detailed explanations

When addressing each issue, ensure your responses are detailed and specific. Use clear and concise language to explain how you meet the requirements set forth by USCIS. Your response must be detailed, systematic, and forensic in nature.

If the RFE states that a particular piece of evidence is not compliant with the requirements of your visa program, you may need to prove the validity of the original evidence by citing:

• Immigration law
• USCIS memorandums
• Similar documentation

In some cases, you may need to update relevant documents. This could involve making significant revisions to your:

• Business plan
• Economic report
• Offering documents
• Budgets
• Schedules

Any changes made in response to an RFE must be documented in your response cover letter.

Using supporting evidence effectively

Supporting your responses with additional documentation is essential. This may include affidavits, financial records, or other relevant evidence. Make sure all documents are well-organized and clearly labeled to facilitate easy review by USCIS.

Reference the supporting documents in your cover letter. Clearly indicate how each piece of evidence supports your arguments and addresses the issues raised. This not only helps in organizing your response but also makes it easier for the USCIS officer to verify the information provided.

Other documents you might need to gather include:

• Permits
• Receipts
• Bank records
• Land deeds
• Letters of intent

Compile these additional documents into a comprehensive but easy-to-follow set of exhibits. Properly cite these exhibits within the cover letter as part of your response to individual issues expressed by USCIS.

Remember, USCIS generally issues only one RFE. You need to respond with a single, complete response that thoroughly satisfies the request and supplies all evidence. If you fail to adequately respond, USCIS will likely deny your application. Address the issues as clearly as possible and provide your answers in one, single response.

By following these guidelines, you’ll increase your likelihood of successfully overcoming the RFE and receiving a positive adjudication on your petition. If you find the process overwhelming, consider seeking help from an experienced immigration attorney or qualified consulting firm to address the issues adequately.

Avoiding Common Mistakes in RFE Responses

When responding to a Request for Evidence (RFE), it’s crucial to avoid common pitfalls that could jeopardize your application. By understanding these potential mistakes, you can craft a more effective response and increase your chances of a favorable outcome.

Misinterpreting USCIS requests

One of the most significant challenges in responding to an RFE is correctly interpreting what USCIS is asking for. The language used in RFEs can often be vague or contain scripted responses, making it difficult to pinpoint the exact information needed. To overcome this:

1. Carefully analyze each point in the RFE
2. Break down complex requests into smaller, manageable parts
3. If unsure, consider seeking clarification from an immigration attorney

Remember, USCIS may not be precise about the missing evidence. It’s your responsibility to provide a comprehensive response that addresses all concerns, even if they seem unclear.

Submitting irrelevant information

While it’s important to be thorough, submitting irrelevant or excessive information can be counterproductive. USCIS adjudicators have quotas to fill and may not have time to dig for important points buried in unnecessary documentation. To avoid this mistake:

1. Focus on providing evidence that directly addresses the RFE’s concerns
2. Highlight the most crucial information upfront in both support letters and attorney cover letters
3. If including lengthy documents (e.g., a 500-page financial statement), consider only including relevant pages with pertinent sections highlighted

Missing deadlines

Perhaps the most critical mistake to avoid is missing the RFE response deadline. Failure to respond on time will likely result in a denial of your application. To ensure timely submission:

1. Note the deadline clearly stated in the RFE
2. Create a timeline for gathering necessary documents and drafting your response
3. Allow ample time for review and any potential revisions
4. Submit your response well before the deadline to account for potential mailing delays

Additional tips to strengthen your RFE response:

1. Organize your response package logically, following the order of subject headings in the RFE
2. Address each issue raised by USCIS in the order presented in the RFE
3. If the RFE contains incorrect legal standards, politely point this out while still providing evidence to meet both the incorrect and correct standards
4. Consider providing a copy of the RFE to your client, as they may have useful input
5. Establish a clear backup plan in case the RFE response is unsuccessful, such as filing a motion to reopen/reconsider or an appeal to the Administrative Appeals Office

By avoiding these common mistakes and following best practices, you can significantly improve the quality of your RFE response. Remember, USCIS generally issues only one RFE, so it’s crucial to provide a single, comprehensive response that thoroughly addresses all concerns and supplies all required evidence.

Submitting Your RFE Response

Submitting your response to a Request for Evidence (RFE) is a crucial step in your immigration process. To increase your chances of a favorable outcome, you need to organize your package effectively, follow submission guidelines meticulously, and keep copies of all documents.

Organizing your package

To make it easy for USCIS to understand your response, organize your package in a clear and logical manner. Start with a response cover letter that lists the contents of your package and explains how each item directly addresses the RFE. This cover letter should be concise and address the specific components of the RFE, demonstrating that you’ve provided all the requested information.

If the RFE is complex, consider including a table of contents or documenting your answer with exhibits. This approach helps the USCIS officer handling your case to navigate your response efficiently.

Assemble the evidence coherently to directly address each item listed in the RFE. Place the original RFE notice at the front of your response packet, not a duplicate. For documents recopied from your initial submission, clearly indicate their source. If a requested document is unavailable, provide a thorough explanation along with any potential substitute documentation.

Following submission guidelines

Adhering to USCIS submission guidelines is critical to ensure your response is accepted and processed correctly. Here are key points to remember:

1. Submit one complete response: USCIS generally issues only one RFE. Respond with a single, comprehensive package that thoroughly satisfies the request and supplies all evidence.
2. Meet the deadline: USCIS provides a specific deadline for your response. Calculate the due date from the issuance date on the RFE, not the date you received it. Submit your complete response before this deadline to avoid negative repercussions on your application’s status.
3. Use proper mailing methods: Send the entire response packet using a method that can be tracked, such as U.S. Postal Service Priority Mail or a courier service like FedEx, UPS, or DHL. This ensures you have proof of delivery and confirmation of when USCIS received your response.
4. Address correctly: Mail the response package to the address specified on the RFE.
5. Include all requested materials: Submit all requested documents together at one time, along with the original RFE. USCIS treats any partial submission as a request for a final decision on the record and won’t issue a second RFE.

Remember, USCIS operates on the actual receipt of documents, not the postmark date. Your materials must arrive at USCIS by the stated deadline.

Keeping copies of all documents

Before sending your response package, make photocopies of your entire response packet for your personal records. This step is crucial for several reasons:

1. Reference: You may need to refer to these documents in the future, especially if USCIS has follow-up questions or if you need to file an appeal.
2. Proof of submission: In case your package is lost in transit or misplaced by USCIS, you’ll have evidence of what you submitted.
3. Consistency: Having copies allows you to maintain consistency in any future immigration applications or petitions.
4. Legal protection: In the event of any disputes or legal issues, these copies serve as important evidence.

After sending your package, monitor the tracking until you receive confirmation of delivery. Keep the proof of delivery receipt showing when USCIS received your response with your records.

By following these guidelines for organizing your package, adhering to submission requirements, and maintaining copies of all documents, you significantly increase the likelihood of a favorable decision from USCIS. Remember, a well-organized and complete response helps USCIS understand the facts and arguments for your case, making it easier for them to make a decision based on the evidence provided.

Conclusion

Navigating the process of responding to a Request for Evidence has a significant impact on the outcome of your immigration application. By understanding the reasons behind RFEs, taking the right initial steps, gathering appropriate evidence, and crafting a strong response, you can boost your chances of a favorable decision. Remember to avoid common pitfalls and follow submission guidelines carefully to ensure your response gets the attention it deserves.

To wrap up, dealing with an RFE might seem daunting, but it’s an opportunity to strengthen your case. By approaching it methodically and thoroughly, you can turn this challenge into a stepping stone toward your immigration goals. Stay organized, pay attention to details, and don’t hesitate to seek help if needed. With the right approach, you can navigate this process successfully and move closer to achieving your immigration dreams.

FAQs

What steps should be taken when responding to a Request for Initial Evidence (RFE)?

To respond effectively to an RFE, gather all requested documents and ensure they are accurate, complete, and current. Address each specific request mentioned in the RFE clearly and concisely, and include any additional information or documents that the USCIS has requested.

What does it imply when the USCIS issues a Request for Initial Evidence?

When USCIS issues a Request for Initial Evidence (RFIE), it indicates that the initial application lacks sufficient evidence or information. The purpose of the RFIE is to allow the applicant to provide all necessary details to ensure a thorough review of the application.

How long does it take for USCIS to act on an application after receiving a response to an RFE?

After responding to an RFE, and once you have confirmation that USCIS has received your response, they typically take further action on your application within 60 days. However, processing times can vary significantly.

What are the approval odds after responding to an RFE?

The approval rate for applications that have responded to an RFE was 79.8% in FY 2023, showing a slight decrease from 85.5% in FY 2022. This statistic reflects USCIS’s tracking of success rates for applications following an RFE.