H-1B Transfer RFE: Causes, Deadlines, and How to Respond

Receiving a Request for Evidence (RFE) during an H-1B transfer process often triggers panic — but the notice does not mean denial. It is a formal request by USCIS for additional documentation before a final decision is made on the petition. Understanding the reason for the RFE, assembling a complete response within the deadline, and avoiding common mistakes makes the direct difference between approval and denial.

This analysis draws on official USCIS data on RFE rates for H-1B petitions, the most common types of evidence requests, response strategy, and the impact of the 2025 regulatory changes on the employer-transfer landscape.

What Is an RFE in an H-1B Transfer

When a foreign professional on an H-1B visa changes employers, the new employer must file Form I-129 with USCIS. If the adjudicating officer determines that the record lacks sufficient evidence to complete the review, the officer issues an RFE requesting additional documentation or clarification.

The request typically centers on four points: proof that the offered position is a legitimate specialty occupation, equivalency of the foreign degree, the employer’s financial ability to pay the prevailing wage, and the beneficiary’s maintenance of valid immigration status.

Official H-1B RFE Rates

Data published by USCIS in the Nonimmigrant Worker Petitions by Case Status and Request for Evidence report shows a clear downward trend in RFE issuance over recent fiscal years.

The numbers show that adjudicatory scrutiny peaked during the first Trump administration (FY 2018–2020), with RFE rates above 28%. The Biden administration brought significant stabilization, and in FY 2024 fewer than one in ten H-1B petitions received an additional evidence request.

Most Common RFE Types in Transfers

Specialty Occupation Evidence

USCIS may question whether the offered position genuinely requires a bachelor’s degree or higher in a specific field. The rule at 8 CFR 214.2(h)(4)(iii)(A) sets out four alternative criteria — meeting any one of them qualifies the position as a specialty occupation.

The response should include a detailed description of job duties, the company’s organizational chart, evidence that comparable positions in the industry require the same educational level, and, where applicable, an expert opinion from an academic professional linking the duties to the beneficiary’s field of study.

Educational Credential Evaluation

Degrees earned outside the United States require an equivalency evaluation from an accredited agency — organizations such as WES, ECE, or Trustforte are widely accepted. The officer will assess whether the degree corresponds to a U.S. bachelor’s degree in a field directly related to the offered position.

For foreign professionals, the general rule is that four-year undergraduate degrees confer bachelor’s equivalency, but two- or three-year programs may require a combination with professional experience under the three-for-one rule (three years of experience equals one year of formal study).

Employer Ability to Pay

Newly established employers or those that have never sponsored an H-1B commonly receive RFEs requesting financial statements. Typical documents include federal tax returns, audited balance sheets, bank statements, client contracts, and current payroll records.

Maintenance of Status

In transfers, USCIS verifies that the beneficiary maintained valid status since the last admission. Pay stubs, Form I-94 records, extension approvals, and HR letters from the prior employer are essential to demonstrate continuity.

Response Deadline and Strategy

The response deadline is stated in the RFE letter and generally ranges from 30 to 87 days. This deadline is non-extendable — USCIS does not grant extensions. Petitions under premium processing remain subject to the 15-business-day clock from the date the response is received.

The response must be submitted as a single, complete package. USCIS will not issue a second RFE if the first is answered only partially; in that scenario, the usual outcome is a straight denial. It is recommended to include a cover letter indexing each document, sequential organization addressing each issue raised by the officer, and a complete copy of the original RFE attached.

Impact of the September 2025 Presidential Proclamation

The presidential proclamation signed in September 2025 imposed a supplemental fee of US$100,000 on new H-1B petitions processed at consular posts outside the United States. Subsequent interpretive guidance published by USCIS clarified that the fee does not apply to change of status or internal transfer filings between employers when the beneficiary is already in the United States maintaining valid H-1B status.

Even so, the measure increased scrutiny across all H-1B petitions, including transfers, and a marginal rise in RFE rates is expected in upcoming fiscal years. Employers should strengthen initial documentation to reduce exposure.

Five Mistakes That Increase RFE Risk

• Generic job descriptions that could apply to any administrative role, without detailing specific technical tasks and tools used.
• Missing credential evaluation for foreign degrees, especially when the degree title does not directly match a recognized U.S. field name.
• Offered wage below the prevailing wage published by the Foreign Labor Certification Data Center for the specific role and work location.
• New company without robust financial records or with revenue apparently insufficient to support the beneficiary’s salary.
• LCA (Labor Condition Application) inconsistent with Form I-129 — discrepancies in SOC code, wage, worksite location, or wage level are classic RFE triggers.

Difference Between an RFE and a NOID

It is common to confuse a Request for Evidence with a Notice of Intent to Deny (NOID). An RFE signals that the officer needs more information to make a decision; a NOID signals that the officer intends to deny the petition unless the petitioner presents convincing arguments to the contrary. NOIDs typically arise in cases with structural eligibility problems, while RFEs generally address documentary gaps.

When the Beneficiary Can Take Action

The beneficiary (employee) does not respond directly to the RFE — that obligation rests with the petitioner (employer). The foreign professional can monitor the case status through the Case Status Online tool at egov.uscis.gov, keep constructive pressure on the new employer’s HR team to meet the deadline, and promptly provide any personal documents requested (diplomas, transcripts, prior pay stubs).

Proactive Preparation Reduces RFE Risk

The best defense against an RFE is a strong initial petition package. Detailed support letters, an organizational chart, a job description aligned with academic requirements, clear evidence of ability to pay, and complete maintenance-of-status documentation substantially reduce the likelihood of an additional evidence request. For complex cases — professionals with atypical degrees, small companies, or hybrid positions — consulting an immigration attorney before filing can prevent months of delay.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.