How long do I have to respond to an RFE?

The deadline to respond to a Request for Evidence (RFE) in an EB-2 NIW case is stated in the notice sent by the USCIS. Because this period can vary from case to case, the safest approach is always to check the due date in the document you received rather than assuming a fixed number.

An RFE means the USCIS needs additional information or documents to continue reviewing your case. For that reason, reading the notice carefully is the first step: it describes what is being requested and by when the response must be submitted.

Meeting that deadline is essential. If the response does not arrive within the indicated period, the petition may be treated as abandoned and ultimately denied. A few practices can help:

• Identify the due date as soon as you receive the RFE.
• List every item requested so nothing is overlooked.
• Gather the documentation with plenty of time to spare, avoiding last-minute decisions.

Because each RFE is specific, make sure to confirm the exact deadline in your notice and, if in doubt, seek support from a specialist and consult the official USCIS guidelines.

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.