RFE on H-1B: 12 Most Common Reasons and How to Respond

Receiving a Request for Evidence (RFE) from USCIS after filing an H-1B petition can be alarming, but it rarely means the case is lost. In most situations, the officer simply needs additional documentation to make an informed decision on the I-129 petition. What determines the outcome is the technical quality and timeliness of the response — not the fact that an RFE was issued.

This guide breaks down the twelve most common RFE reasons in H-1B cases, explains how to interpret each one, presents the historical approval rate for petitions that received an RFE, and walks through the steps to respond within the regulatory deadline.

What Is an H-1B RFE

An RFE is an official notification from U.S. Citizenship and Immigration Services requesting additional evidence before adjudicating the petition. It may ask for documents about the petitioning employer, the beneficiary, or both — always focused on establishing that a valid employer-employee relationship exists and that the position qualifies as a specialty occupation.

The petitioner learns about the RFE through a mailed notice and the updated status on egov.uscis.gov. The document lists the exact evidence required and the response deadline. Missing that deadline typically results in a denial and the need to file a motion to reopen — a costlier and more time-consuming path.

Response Deadline to USCIS

The standard deadline granted by USCIS to respond to an RFE is up to 84 days from the date of the notice, plus 3 days for mail time for those residing within the United States or 14 days for those abroad. The document always includes the printed deadline, which takes precedence over any estimate.

For a Notice of Intent to Deny (NOID), the deadline is 30 days with the same mail-time addition. Form I-290B, used for a motion to reopen or reconsider, must be filed within 30 calendar days of the decision.

12 Most Common RFE Reasons

Before diving into the details, it is worth understanding that USCIS uses the Validation Instrument for Business Enterprises (VIBE) system to cross-reference commercially available data with the information declared in the petition. Address discrepancies, ownership changes, and structural modifications often trigger requests for evidence about the employer, such as the EIN, lease agreements, financial statements, and payroll records.

1. Specialty Occupation Classification

The H-1B requires the position to be a specialty occupation — meaning it demands at minimum a bachelor’s degree (or equivalent experience) in a specific field. When the job title is ambiguous or non-standardized, the officer requests a detailed description of duties, industry norms, the offered salary, and an organizational chart.

2. Company Operating Outside the Professional Field

When a company petitions in an area unrelated to its core business — such as a construction firm hiring a financial planner — USCIS questions the connection and requests proof that the position is genuine and consistent with the employer’s operations.

3. Degree in a Field Unrelated to the Position

If the beneficiary holds a bachelor’s degree in a field different from the one the position requires, the RFE will ask for an explanation of the relationship between education and job duties, along with a credentials evaluation by a recognized organization if the degree is foreign.

4. Employer-Employee Relationship Questioned

This is one of the most sensitive RFEs, especially when the professional will be placed at a third-party worksite. The response must demonstrate that the petitioning employer retains the right to hire, fire, supervise, pay, and evaluate the worker — even when that worker is assigned to an end client. Commonly requested documents include: an employment contract, a Master Services Agreement with the end client, statements of work, active addenda, and a supervisory organizational chart.

5. Extension or Change of Status

For extension or change-of-status requests, it is necessary to prove that the worker maintained valid status throughout the entire prior period. Pay stubs, W-2 forms, employer declarations, and proof of hours worked are the typical evidence requested.

6. Inconsistencies in the Labor Condition Application

The LCA certified by the Department of Labor is a mandatory component of the petition. Errors in the wage level, occupational code, work location, or validity date trigger an immediate RFE. In many cases the officer questions whether the chosen wage level is consistent with the complexity described in the job description.

7. Incomplete Work Itinerary

When the professional will work at multiple locations or remotely, USCIS requires an itinerary listing locations, dates, a description of duties, salary, benefits, and the chain of supervision for each assignment. Gaps in this itinerary trigger the RFE.

8. Residential Address Far from the Work Location

USCIS expects the residential address and workplace to be within a normal commuting area. Unusual distances must be explained — typically with a description of hybrid work, a planned relocation, or the nature of the project.

9. AC21 and the Six-Year Cap

The American Competitiveness in the Twenty-First Century Act allows extensions beyond six years when a labor certification has been pending for more than 365 days or an I-140 has been approved without an available visa. The RFE requests a copy of the approved PERM, the I-140, and — when applicable — evidence of time spent outside the United States for recapture purposes.

10. Prior OPT and CPT in F-1 Status

A history of Optional Practical Training or Curricular Practical Training during undergraduate studies can raise questions about maintenance of status. Improper use of CPT in short-term programs or multiple OPT authorizations at the same academic level typically requires a detailed explanation with documentation from the institution.

11. In-House Projects at Consulting Firms

Technology consulting firms that place H-1B workers on internal projects face scrutiny over whether an end client truly exists and how long the project will last. The employer must show that there is concrete demand and that the internal project also qualifies as a specialty occupation.

12. Professional Licensing Requirements

Regulated professions — such as architecture, engineering, and accounting — require a state license. If the role requires professional registration to be performed, the RFE will request proof or a plan to obtain the license before starting work.

Approval Rate with RFE

Analyses based on the USCIS Employer Data Hub show that the approval rate for H-1B petitions that received an RFE remains high, though it fluctuates with the current administration and policy environment. The percentages below summarize the recent historical record:

The key takeaway is that receiving an RFE does not mean rejection: the majority of cases with a request for additional evidence end up approved when the response is complete, timely, and well-supported.

How to Respond to an RFE Effectively

Every response must be submitted by the petitioning employer — never by the beneficiary. USCIS expects a single response package containing all requested evidence, paginated, indexed, and accompanied by a cover letter that addresses each point of inquiry one by one.

Best practices that reduce the risk of denial include reading the RFE in full before gathering documents, mapping each requested item, avoiding partial responses, attaching specific supporting evidence rather than generic declarations, and double-checking the mailing address printed on the notice. Submitting early — with a buffer for mail time — prevents logistical delays from jeopardizing the regulatory deadline.

RFE Versus NOID

Although they may seem similar, an RFE and a Notice of Intent to Deny carry different weight. An RFE is a request for additional information so that a decision can be made. A NOID, on the other hand, signals that the officer is already leaning toward denying the petition and offers one final opportunity to present evidence capable of reversing that inclination.

It is also worth distinguishing between rejection and denial: the former occurs due to formal errors — such as missing data or incorrect fees — while the latter involves a merits analysis, indicating that the case did not meet the program’s requirements. Both an RFE and a NOID can be overcome, provided the response is technically sound.

Likelihood of Receiving an RFE

Each I-129 petition opens a new window for a potential RFE — including transfers, extensions, and amendments. Professionals who have been in H-1B status for years remain exposed to that risk with every new filing. The best mitigation is to submit a complete, consistent, and well-organized petition from the very first filing, reducing the gray areas that typically motivate requests for additional evidence.

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.