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RFE (Request for Evidence)
Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) can cause significant anxiety for applicants. An RFE is not a denial, but it does require prompt and precise action to avoid serious delays or denial of your immigration petition. At SJKP LLP, we help individuals and businesses respond to RFEs strategically, effectively increasing the chance of approval.
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1. RFE (Request for Evidence) Common Triggers and Mistakes
USCIS issues RFEs for various reasons—missing documents, insufficient evidence, inconsistencies, or failure to meet statutory requirements. Common issues include unclear employer-employee relationships in H-1B petitions, inadequate financials for I-134 affidavits, or missing translations for foreign-language documents.
RFE (Request for Evidence) and H-1B Visa Cases
H-1B petitions are frequent targets of RFEs, especially for specialty occupation proof and employer control. Failure to demonstrate a valid employer-employee relationship with detailed contracts, itineraries, and supervisory structures may lead to denial.
RFE (Request for Evidence) in Marriage-Based Green Card Applications
Marriage-based green card petitions may face RFEs questioning the authenticity of the relationship. Examples include lack of joint documentation (e.g., joint leases, bank accounts) or discrepancies during interviews. Swift, well-organized responses can preserve the petition’s credibility.
2. RFE (Request for Evidence) Response Strategies That Work
An effective RFE response requires more than submitting missing forms—it demands a persuasive legal argument, supplemented by well-prepared evidence. At SJKP LLP, we analyze each RFE thoroughly and craft customized, well-documented replies.
RFE (Request for Evidence) Timing and Deadlines
RFEs come with strict deadlines—usually 30 to 87 days. Late or incomplete responses may result in automatic denial. Applicants must prioritize prompt review and assembly of relevant documentation.
RFE (Request for Evidence) Supporting Documentation
Each RFE is unique. USCIS looks for case-specific information, such as tax returns, pay stubs, leases, contracts, educational credentials, or affidavits. Legal assistance ensures these documents align precisely with USCIS’s expectations.
3. RFE (Request for Evidence) and the Role of an Immigration Attorney
Legal guidance in responding to an RFE can be the deciding factor between approval and denial. Immigration attorneys understand how to address USCIS concerns, avoid technical pitfalls, and present evidence persuasively.
RFE (Request for Evidence) Case Evaluation and Consultation
SJKP LLP offers prompt consultations to evaluate the strength of your case, identify weaknesses in your initial petition, and advise on the most effective way to structure your response. Time is critical in RFE situations.
RFE (Request for Evidence) for Business Petitions
Employers sponsoring foreign talent often face RFEs for L-1, H-1B, or EB-2/EB-3 petitions. We assist companies in assembling robust documentation and narrative explanations to support the business rationale behind the application.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
