RFE: Request For Evidence?

Posted in Policy at 7:00 pm by Lalita Haran

Now that you made the H1B lottery (congrats! it’s a BIG deal nowadays) can you be relaxed? Well, possibly yes! Unless, you got an RFE! (“RFE” stands for request for evidence!)

Frequently, petitioners/ (h1b employer) receives a letter from the USCIS asking for more documentation. This letter is called RFE. The letter may ask you to prove employer’s ability to pay the worker, or, the employer is a real business, or, that the job is a real position, or, employee’s qualifies for this position etc., etc. An RFE requires you to provide more evidence that you are eligible to the immigration benefit you are seeking.

RFEs are well known throughout the immigration law practice although a well prepared packet at the initial filing can avoid RFEs. What does this mean to you? That the approval notice for your visa or permanent residence could have arrived sooner than later. You might remember dad always said “it is better late than never” so preparing an appropriate response to this RFE notice can still get you that approval.On the positive side, USCIS issues an RFE if your case is approvable but on the negative side your application can not be approved as filed. This also means that your filing does not show what USCIS adjudicator wants to see.

This also means that your petition is not yet denied but will be denied unless you answer this RFE. So, it is extremely important that you send a timely response to this and … you get only one chance!

So, now you got the idea that you can not sit on that letter from the USCIS and ignore but have to take action and if you look closely there is a time limit withing which your response must REACH the USCIS.

Now that the H1B lottery is done, adjudicators must be checking your packets. Let’s hope you do not get that RFE. But, if you do get one, you must provide a timely and appropriate response.