Can they deny an EB-1A without giving me a chance to respond to an RFE?

Yes. In the EB-1A process, an RFE (Request for Evidence) is a request for additional information that the USCIS may issue when something needs clarification, but it is not a mandatory step or a guaranteed right. If the submitted materials already indicate that the requirements were not met, the officer may issue an outright denial.

In practice, an RFE tends to appear when a case seems recoverable with additional evidence or explanation. When the evidence is clearly insufficient, or when there is a fundamental problem with the petition, the denial may come without that second chance. It is a matter of process efficiency, not ill will, but the outcome for someone who expected an RFE is often frustrating.

The practical takeaway is to prepare the petition to be complete and compelling from the very first submission: well-organized evidence of extraordinary ability, consistent support letters, and a narrative that connects each document to the criteria, leaving no gaps that would depend on an RFE to be addressed.

Since each case is evaluated individually, it is worth checking the current requirements with USCIS and building your strategy with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.