How to Handle a Request for Evidence (RFE) During Your U.S. Visa Application

A Request for Evidence (RFE) can be an unexpected challenge during your U.S. visa application process. While receiving an RFE may feel daunting, it’s not a denial—it’s an opportunity to provide additional information to support your case. This guide will help you understand RFEs, common reasons they are issued, and how to respond effectively.

What Is a Request for Evidence (RFE)?

An RFE is a formal notice issued by U.S. Citizenship and Immigration Services (USCIS) when an application lacks sufficient evidence to make a decision. RFEs outline specific issues and list additional documents or information required to complete the evaluation process.

Common Reasons for RFEs

1. Insufficient Evidence of Eligibility

If your application does not include enough documentation to prove your eligibility, USCIS may request additional evidence. For example:

• Employment contracts for H-1B applications.

• Evidence of extraordinary ability for O-1 visas.

• Financial support documents for family-based petitions.

2. Inconsistent Information

Discrepancies between forms and supporting documents can trigger an RFE. For instance:

• Mismatched job titles in employment letters.

• Differing dates on application forms versus supporting evidence.

3. Unclear Employer-Employee Relationship

For employment-based visas like H-1B, USCIS may request proof of the employer’s control over the employee, such as:

• Organizational charts.

• Copies of work assignments.

• Evidence of direct supervision.

4. Missing Evidence of Maintenance of Status

If you’re already in the U.S. on a visa, USCIS may request proof that you’ve maintained legal status, such as I-94 records or previous visa approval notices.

How to Respond to an RFE

1. Read the RFE Carefully

Start by thoroughly reviewing the RFE notice. Identify the issues raised and make a list of all requested documents. Pay attention to deadlines and submission guidelines.

2. Organize Your Response

Create a well-structured response that includes:

• A cover letter summarizing your case and listing the evidence you are submitting.

• Clear and labeled sections for each requested document.

• Supporting documentation that directly addresses each issue raised in the RFE.

3. Provide Comprehensive Evidence

Submit strong, relevant evidence to resolve USCIS’s concerns. Examples include:

• Letters from employers or sponsors detailing your qualifications or job responsibilities.

• Copies of contracts, pay stubs, or financial statements.

• Expert opinions or evaluations for specialized cases, such as O-1 or EB-1 petitions.

4. Meet the Deadline

USCIS typically allows a maximum of 87 days to respond to an RFE. Ensure your response is submitted well before the deadline to avoid delays or denials.

5. Seek Professional Assistance

If you’re unsure how to address an RFE, consult an immigration expert. They can help you craft a compelling response that meets USCIS requirements.

Tips for Avoiding RFEs

1. Submit a Complete Application Double-check that your application includes all required forms, documents, and fees before submission.

2. Be Consistent Ensure all information across forms and documents is accurate and matches.

3. Provide Detailed Evidence Anticipate potential questions and include thorough documentation to support your eligibility.

4. Work with an Expert Experienced immigration professionals can help identify potential gaps in your application and address them proactively.

Real-Life Success Story

Overcoming an RFE for an O-1 Visa

A graphic designer applying for an O-1 visa received an RFE requesting additional proof of extraordinary ability. With guidance from an immigration expert, they submitted:

• Letters of recommendation from prominent industry leaders.

• Press coverage of their work in major design magazines.

• Evidence of awards won in international competitions.

The response satisfied USCIS requirements, and their visa was approved within weeks.

How America Visas Can Help

At America Visas, we specialize in:

• RFE Analysis: Identifying the key issues in your RFE and crafting a targeted response.

• Document Preparation: Assisting in gathering and organizing comprehensive evidence.

• Professional Support: Ensuring your response aligns with USCIS guidelines and strengthens your case.

With our expertise, you can navigate the RFE process confidently and efficiently.

Conclusion

Receiving an RFE is a challenge, but it’s also an opportunity to strengthen your application. By understanding the reasons for RFEs and responding promptly with thorough evidence, you can keep your immigration journey on track. If you’ve received an RFE and need expert guidance, contact America Visas today for personalized support.