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

Receiving a Request for Evidence (RFE) during an H-1B transfer often catches workers off guard in the middle of a U.S. job change. The document, however, is not a denial: it is a formal request from USCIS for additional evidence before a decision is made. Understanding what it means, why it was issued, and how to respond within the deadline is critical to preserving immigration status and completing the transfer without disrupting your career.

This guide draws on USCIS public data to cover the most common causes of RFEs in H-1B transfer petitions, trends in issuance rates from 2019 to 2025, and the recommended step-by-step approach for preparing a solid response. It also addresses the most recent regulatory changes affecting employers and beneficiaries in 2026.

What is an H-1B Transfer

When a foreign professional holding an H-1B visa accepts an offer from a new employer, the hiring company must file a new Form I-129 petition with USCIS, generally accompanied by a Labor Condition Application (LCA) certified by the Department of Labor. Agency precedent allows the worker to begin in the new position as soon as USCIS confirms receipt of the petition, thanks to the portability rule under Section 214(n) of the Immigration and Nationality Act.

If the adjudicator determines that the initial filing is insufficient to issue a decision, they will issue an RFE requesting supplemental documentation. The request may involve proof of the position’s specialty occupation status, evaluation of a foreign degree, evidence of the employer’s financial ability, prevailing wage verification, or clarification of the end-client relationship in third-party placement arrangements.

RFE Rates from 2019 to 2025

Quarterly data published by USCIS shows a significant decline in RFE volume over recent years, accompanied by a sustained increase in approval rates:

The drop from a peak of 40.2% in 2019 to 8.5% in 2025 reflects both internal adjudication reforms and improved petition preparation by employers. Even so, receiving an RFE remains a reality for thousands of professionals each year, particularly in areas of interpretive ambiguity such as IT roles placed at third-party client sites.

Most Common Types of RFE

Proving Specialty Occupation Status

USCIS requires that the position qualify as a specialty occupation, meaning it demands specialized theoretical and practical knowledge and requires at minimum a bachelor’s degree in a directly related field. Positions with overly broad scope or generic job descriptions frequently draw requests for clarification, especially when the adjudicator believes other degrees could satisfy the requirement.

Foreign Degree Evaluation

When the beneficiary earned their degree outside the United States, USCIS requests a credential evaluation prepared by an independent organization demonstrating equivalency to a U.S. degree. Documents in other languages must be accompanied by a certified translation and a translator’s declaration.

Employer Financial Ability

Companies with fewer than three years of operation or that have never sponsored an H-1B frequently receive requests to demonstrate their ability to pay the offered wage. Audited financial statements, tax returns, and service contracts help establish viability.

Employer-Employee Relationship and Worksite

In end-client arrangements, USCIS wants to see the full chain: a contract between the employer and client, a client letter, a detailed project description, and proof that the employer will retain control over the worker. The absence of these elements is one of the leading causes of RFEs in consulting roles.

Maintenance of Status

For transfers, adjudicators commonly request the beneficiary’s status history: pay stubs, Form I-94, prior approvals, and evidence that there was no gap in lawful presence between one petition and the next.

How to Respond to an H-1B Transfer RFE

Read the Notice in Full

The document specifies exactly which points USCIS considers insufficient. Each item must be addressed directly, with a clear reference to the supporting evidence provided. Fragmented or partial responses result in denial in the vast majority of cases, since the agency does not issue a second RFE to supplement the first.

Respect the Deadline

The response deadline varies by case and typically falls between 30 and 87 calendar days from the date of issuance. This deadline cannot be extended: missing it results in a decision based solely on the existing record. When the window is short, premium processing is worth considering to ensure a faster USCIS response after submission.

Organize Your Evidence

Structure the response with a table of contents, dividers, and clear cross-references to each RFE request. Include a cover letter signed by the employer, an updated LCA when required, a refined job description, an organizational chart, current contracts, and any technical documentation that demonstrates the complexity of the role.

Work Closely with Your Employer

The hiring company is the formal petitioner. Only the company can sign and file the response. The beneficiary may monitor case status through the USCIS Case Status Online portal and contribute diplomas, certifications, and professional history, but procedural responsibility lies with the employer.

The 2025-2026 New Factor: $100,000 Fee

In September 2025, the federal government established an additional $100,000 fee applicable to new H-1B petitions filed on or after September 21, 2025. The measure affects new cap-subject petitions, with narrow exemptions for cases deemed in the national interest. Transfers, extensions, and amendments for professionals already in H-1B status before that date remain under the prior fee structure, but the issue continues to be contested in court and administrative proceedings, which is why employers should confirm the applicable category for each filing before submitting.

Differences Between an RFE, NOID, and Denial

An RFE is a request for information. A Notice of Intent to Deny (NOID) is more serious: the agency signals its intent to deny the petition and provides a final window to submit rebuttal evidence. A denial closes the case and requires a new filing or appeal. Knowing which stage a petition is in helps calibrate strategy, the level of detail required, and the urgency of the response.

How to Reduce the Likelihood of Receiving an RFE

Build a Complete Initial Petition

The petitioner bears the burden of demonstrating eligibility from the moment of filing. A detailed employer letter, a thorough description of duties, an organizational chart, end-client contracts where applicable, and evidence of specialty occupation status help eliminate ambiguity.

Standardize Job Titles and Roles

Vague titles such as Consultant or Analyst without meaningful technical qualification increase the risk of scrutiny. Use terminology consistent with O*NET and provide a technical justification linking the role to the required bachelor’s degree field.

Maintain a Spotless Status History

Keep all prior approvals, pay stubs, Form I-94 records, and LCAs. In transfers, any unexplained gap in status can trigger an RFE.

Consider Premium Processing

For time-sensitive transfers, premium processing provides a USCIS response within 15 business days for an additional fee. It does not prevent an RFE, but it accelerates the overall decision cycle and adds predictability to career planning.

What to Expect After Submitting Your Response

USCIS reviews the response within the same base processing period applicable to the petition category, which typically ranges from 30 to 90 days after receipt. When the case is under premium processing, the clock resets and the agency must decide within 15 business days of receiving the response. Non-premium cases can be tracked against published timelines available at egov.uscis.gov/processing-times, which show the processing window for the responsible service center.

If the final decision is unfavorable, options remain: a motion to reopen, a motion to reconsider, and, depending on the case, a new filing with stronger documentation. For professionals already working in the new role under portability, a denial means immediate return to the prior status or departure from the United States, which underscores the importance of preparing a thorough response from the very first submission.

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.