How to Respond to an H-1B RFE

What Is an H-1B RFE?

A Request for Evidence (RFE) is a written notice from USCIS asking the petitioner to provide additional documentation or clarification before a final decision is made on the H-1B petition. RFEs are issued when the officer reviewing the case determines that the initial filing did not include sufficient evidence to approve the petition. Receiving an RFE does not mean your petition will be denied — it means USCIS needs more information to make a decision.

Common Reasons for H-1B RFEs

Understanding why RFEs are issued helps you prepare a stronger initial filing and a targeted response:

• Specialty occupation: USCIS questions whether the position truly requires a bachelor's degree or higher in a specific specialty. This is the most common RFE category. The officer may argue the role is too general or that the degree requirement is not standard in the industry.
• Beneficiary qualifications: Questions about whether the worker's education or experience meets the requirements for the specialty occupation. This often arises when the degree field does not directly match the job duties or when experience is being used in lieu of a degree.
• Employer-employee relationship: USCIS may question whether the petitioning employer has the right to control the work performed, especially for consulting companies or staffing agencies where the worker is placed at a third-party worksite.
• Ability to pay: The employer must demonstrate it can pay the offered prevailing wage. Small companies or startups may receive RFEs requesting financial documentation like tax returns, profit and loss statements, or bank statements.
• Itinerary for roving employees: If the H-1B worker will work at multiple locations, USCIS may request a detailed itinerary with specific worksites, dates, and certified LCAs for each location.

How to Prepare a Strong RFE Response

A well-structured RFE response addresses every issue raised in the notice systematically. Begin by carefully reading the RFE in its entirety to identify each specific concern. Then organize your response to address each point individually with clear evidence.

• Expert opinion letters: For specialty occupation RFEs, include a letter from an independent industry expert explaining why the position requires a degree in a specific field. The expert should reference industry standards, job postings for similar roles, and professional publications.
• Detailed job description: Provide an expanded description of the position's daily duties, level of complexity, and the specific knowledge required. Link each duty to coursework in the required degree field.
• Comparable job postings: Include job postings from other employers for similar positions that require the same degree. This demonstrates the industry standard.
• Organizational charts and contracts: For employer-employee relationship RFEs, include organizational charts, MSAs or SOWs with clients, and a description of the supervisory chain.

RFE Response Deadlines and Procedures

USCIS typically allows 60 to 87 days to respond to an RFE, with the exact deadline stated on the notice. Responses must be sent to the address specified in the RFE, not to a general USCIS address. Missing the deadline results in a decision based on the existing record, which almost always means denial. Always send responses via a trackable delivery method and keep copies of everything submitted.

RFE Success Rates

According to USCIS data, a significant majority of H-1B petitions that receive RFEs are ultimately approved when the petitioner provides a complete and well-documented response. Petitions filed with experienced immigration attorneys tend to have higher post-RFE approval rates because attorneys anticipate common issues and prepare comprehensive evidence packages from the start.