I disagree with the USCIS on my RFE. Should I argue using laws?

An RFE (Request for Evidence) is a request from USCIS asking you to clarify or supplement something presented in your EB-1 petition. Responding well to that request tends to be more decisive than the legal strategy itself.

You can, yes, ground your response in laws and regulations, and that may help, as long as the interpretation is correct and genuinely applicable to your case. Legal arguments presented out of context, or without a solid grasp of the administrative nuances, tend not to produce the expected result.

In practice, the most effective approach is to read carefully exactly what was requested and build a response that shows, point by point, how each issue raised is addressed by your evidence.

• Respond directly to what the RFE asked, without going off topic.
• Use legal grounds only when you are confident in the interpretation.
• Organize your evidence clearly and in a traceable way.

Because every case has its own specifics and the system is complex, it is worth reviewing the guidance on the USCIS website and considering support from a specialist with EB-1 experience before submitting your response.

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.