Request for Evidence (RFE): What It Is and How to Respond to USCIS

During any immigration process in the United States, there is a possibility that USCIS (U.S. Citizenship and Immigration Services) will issue a Request for Evidence (RFE), formally known as Form I-797E. This notification means that the officer responsible for reviewing the case has identified gaps in the submitted documentation and needs additional information before making a decision. Receiving an RFE does not equate to a denial: it is a concrete opportunity to supplement the application and strengthen the petition.

The RFE is a technical step provided for in the USCIS Policy Manual, Volume 1, Part E, Chapter 6. The agency can only issue it when the initial evidence is insufficient to prove eligibility, but there is still a real possibility for the applicant to address the identified gaps. When the case is clearly ineligible, USCIS issues a Notice of Intent to Deny (NOID) directly, not an RFE. Therefore, receiving an RFE is, to some extent, a positive sign: the officer believes the case can be approved with additional documentation.

Why USCIS Issues RFEs

USCIS operates under the principle that each petition must be evaluated based on complete and verifiable evidence. When the initial documentation leaves doubts about any legal requirement, the officer has the prerogative to request additional proof instead of denying the case immediately. This practice protects both the agency and the applicant, ensuring that decisions are not made based on incomplete information.

The issuance of RFEs has remained relatively stable in recent years. Official USCIS data indicates that, in fiscal year 2024, approximately 8% of completed H-1B petitions received an RFE, with initial employment petitions showing a higher rate (13%) compared to continued employment petitions (6%). In the first half of fiscal year 2025, the RFE rate for H-1B was around 9%.

Most Common Reasons

The reasons for issuing an RFE vary according to the visa or petition category, but some patterns are frequently repeated. In adjustment of status petitions (I-485), the three most common reasons are issues with the medical exam (about 35% of cases), employment verification letters (25%), and financial or tax documents (15%). Birth certificates, police clearances, and proof of address are also among the recurring requests.

In employment petitions such as H-1B and L-1, RFEs often question the employer-employee relationship, the specific job duties, the beneficiary’s academic qualifications, or the financial capacity of the sponsoring employer. For extraordinary ability-based visas, such as EB-1 and O-1, RFEs tend to request additional evidence of national or international recognition in the field of expertise.

In investment visa cases such as E-2 and EB-5, the RFE may require detailed documentation on the lawful source of the invested capital, the company’s corporate structure, or financial projections demonstrating the viability of the enterprise. For family-based petitions, especially those based on marriage, USCIS may request additional proof that the relationship is genuine: joint bank statements, shared lease agreements, insurance policies, photographs, and third-party affidavits.

Deadline and Response Format

The standard deadline to respond to an RFE is 87 calendar days from the date the notification is issued, consisting of 84 days (12 weeks) plus 3 additional days for postal transit. It is crucial to note that USCIS considers the date the response is received, not the mailing date. If the 87th day falls on a weekend or federal holiday, the deadline is extended to the next business day.

There are important exceptions. I-601A waiver requests and asylum-related cases often receive a deadline of only 30 days. A Notice of Intent to Deny (NOID) also grants only 30 days to respond. Regardless of the category, the exact deadline is indicated in the notification itself and cannot be extended. USCIS does not grant deadline extensions for RFEs under any circumstances.

Since 2020, USCIS has accepted electronic responses through the myUSCIS platform, which significantly speeds up submission and eliminates risks associated with physical mail. The response can be submitted electronically for most petition categories, directly through the Documents tab in the applicant’s online account.

Approval Rates After RFE

USCIS data shows that receiving an RFE is far from meaning an imminent denial. In fiscal year 2024, the approval rate for H-1B petitions that received an RFE and were responded to was 84.9%. In the first two quarters of fiscal year 2025, this rate rose slightly to 85.4%. This means that the vast majority of applicants who adequately respond to an RFE are approved.

These numbers reinforce an important reality: the RFE is a mechanism for supplementation, not exclusion. USCIS uses it when it believes the case has merit but needs more evidence to support approval. The key lies in the quality and completeness of the response.

Strategies for Responding

Responding to an RFE requires method and attention to detail. The first rule is to submit all requested evidence at once. USCIS does not accept partial or supplemental responses after the initial submission. All documentation must be complete at the time of submission.

The organization of the response should follow the same order as the items listed in the RFE, with clear dividers between each section. This practice facilitates the officer’s review and reduces the chance of any document being overlooked. Documents in a foreign language must be accompanied by a certified English translation, performed by a qualified translator who attests to the accuracy of the translation.

It is advisable to include a cover letter that summarizes the evidence presented and explains how each document meets the specific requirement requested by USCIS. This letter serves as a roadmap for the reviewing officer and can make a significant difference in the clarity of the presentation.

Another critical aspect is consistency. All documents, statements, and forms must be coherent with each other. Contradictory information, such as conflicting dates or inconsistent values, can raise suspicions and harm the case more than the absence of a specific document.

Finally, it is essential to verify that the documentation meets not only the letter of the RFE but also the underlying legal requirements. The RFE indicates what is missing, but the response must demonstrate complete eligibility within the criteria established by the applicable legislation, whether the Immigration and Nationality Act (INA), the Code of Federal Regulations (CFR), or USCIS internal policies. Ignoring the RFE or submitting documents after the deadline results in automatic denial of the case, with no possibility of administrative appeal regarding the evidence not presented.

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.