I missed the RFE deadline. What now for my EB-1?

Missing the response deadline for an RFE (Request for Evidence) is a serious situation in an EB-1 case. Without a response, USCIS will typically decide based solely on what is already in the record, which often leads to a denial of the petition. Even so, acting quickly is what may open up some alternatives.

The RFE is an opportunity to supplement the petition, and meeting deadlines is a core requirement of the process. Once the deadline passes, the room to maneuver narrows, but it does not always disappear entirely.

• Gather all case documentation and the record of the RFE you received.
• Identify the reason for the delay and whether there is a consistent justification for it.
• Seek specialized guidance urgently to assess the options available to you.

Depending on the circumstances, there may be avenues such as an appeal or a motion to reopen, but these tend to be complex and are evaluated on a case-by-case basis. For that reason, it is worth checking updated guidance on the USCIS website and acting promptly with the support of a specialist.

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.