What are the common causes of RFE in the O-1B?

When applying for the O-1B visa, which is intended for individuals with extraordinary ability in the arts, it is essential that the petition be organized clearly and comprehensively. In some cases, the United States Citizenship and Immigration Services (USCIS) issues a Request for Evidence (RFE) to request additional information or documents.

Below, we point out some of the factors that commonly lead to the issuance of an RFE in this type of process. One frequent cause is the insufficiency or inadequacy of evidence proving the applicant”s extraordinary ability. This may include the submission of awards, expert reviews, media materials, or letters of support which, if not robust or consistent enough, may leave the immigration officer with doubts about the extent of the candidate”s recognition in their field.

Another common issue concerns the organization and clarity of the documents presented. When the petition does not clearly demonstrate how each item meets the O-1B visa criteria, officers may request additional clarifications. For example, if recommendation letters are missing or if testimonials are not detailed enough to justify the candidate”s experience, this can result in an RFE.

Furthermore, the lack of evidence demonstrating international recognition or even a reputation that goes beyond a regional context can be a determining factor for the request of further proof. Officers expect to see that the candidate”s ability is recognized across various spheres, which can strengthen the argument for extraordinary ability.

Finally, it is crucial that all documents are properly translated (when necessary), dated, and organized in a way that evidences a consistent narrative about the candidate”s career and achievements. The absence of a clear connection between the evidence presented and the criteria required by the visa may compromise the initial evaluation of the petition.

It is important to stress that strictly complying with United States immigration laws and requirements is fundamental to the success of the process. To avoid issues such as RFEs, it is recommended to carefully read the official guidelines, gather evidence meticulously, and, when applicable, consult specialized and reliable sources. This way, the applicant reduces the risk of unpleasant surprises and strengthens their petition honestly and consistently.

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.