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RFE (Request for Evidence)
When USCIS Requests More Information—Your Response Defines the Outcome
In the U.S. immigration process, few moments are as critical as receiving a Request for Evidence (RFE).
An RFE is not a denial—it’s an opportunity. It means that U.S. Citizenship and Immigration Services (USCIS) needs additional documentation or clarification before making a final decision on your case.
How you respond determines whether your petition is approved, delayed, or denied.
At SJKP LLP, our RFE Response Practice specializes in turning challenges into approvals.
We help individuals, businesses, and investors craft legally sound, evidence-based responses that meet USCIS standards while protecting long-term immigration goals.
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1. Understanding the RFE (Request for Evidence)
Why USCIS Issues an RFE and What It Means for Your Case
An RFE (Request for Evidence) is a formal notice from USCIS indicating that the evidence submitted with your application was insufficient, inconsistent, or unclear.
It gives you a limited period—typically 30 to 90 days—to provide additional documentation or explanation.
Common Triggers for an RFE
RFEs can arise in nearly every visa category, from employment-based petitions (H-1B, L-1, O-1, EB-1, EB-5) to family-based cases and adjustment of status.
Common reasons include:
- - Missing or incomplete documentation
- Insufficient proof of eligibility (education, relationship, or investment)
- Inconsistencies between forms and evidence
- Failure to meet specific legal or technical criteria
- Doubts about intent, maintenance of status, or financial ability
SJKP LLP reviews each RFE notice line by line, identifying the underlying legal issue—not just the symptom—to craft a response that directly addresses USCIS’s concerns.
RFE vs. NOID (Notice of Intent to Deny)
While both indicate problems with an application, they differ in severity.
An RFE invites clarification, while a NOID signals that USCIS intends to deny unless strong counter-evidence is provided.
Our attorneys handle both with precision, developing persuasive factual and legal arguments that realign the case toward approval.
2. Responding Strategically to an RFE (Request for Evidence)
Turning USCIS Questions Into Approval Opportunities
An RFE should never be answered hastily. Each response must be comprehensive, consistent, and strategically organized to satisfy all requested elements.
Step 1: Analyze the RFE Thoroughly
Every RFE contains references to statutes, regulations, and policy memoranda that guide adjudicators’ decisions.
We interpret these legal citations to understand exactly what USCIS is questioning—whether it’s the sufficiency of your documentation, your eligibility category, or your intent.
Step 2: Gather Targeted Supporting Evidence
Our attorneys collaborate with clients to collect relevant and verifiable documentation, which may include:
- - Updated employment verification letters
- Corporate tax returns and financials
- Relationship evidence for family cases
- Academic credentials or professional licenses
- Expert opinion letters or independent evaluations
- Clarifying affidavits and translations
We ensure every document is organized, cross-referenced, and clearly labeled to make the adjudicator’s review effortless and persuasive.
Step 3: Prepare a Legal Brief and Index
An effective RFE response includes not only evidence but also a legal memorandum explaining how each item meets regulatory standards.
SJKP LLP structures responses with a formal cover letter, detailed table of contents, and an indexed evidence packet to reinforce clarity and professionalism.
3. Timing and Submission of an RFE Response
Meeting Deadlines and Maintaining Case Integrity
RFE deadlines are non-negotiable.
Failure to respond within the stated period results in automatic denial.
Our attorneys prioritize immediate review and document collection to ensure submission well before the cutoff date.
Electronic vs. Paper Submissions
Depending on the case type, RFEs may be responded to electronically via USCIS online account or by mail.
SJKP LLP handles both formats, ensuring secure delivery and confirmation of receipt. We maintain complete digital and physical copies for recordkeeping and future reference.
Tracking USCIS Acknowledgment
After submission, we monitor the case through USCIS tracking tools to confirm that the response was properly logged and accepted.
Timely follow-up can prevent unnecessary administrative delays or lost correspondence.
Requesting Extensions or Clarifications
USCIS rarely grants extensions, but in rare circumstances—such as natural disasters or agency errors—our team can request reconsideration or case reopening if a delay occurs beyond the applicant’s control.
4. RFE (Request for Evidence) Across Different Visa Categories
Tailored Legal Strategies for Every Case Type
Each immigration category has unique RFE trends and pitfalls.
SJKP LLP’s experience across employment, family, and investment immigration allows us to tailor responses to specific legal standards.
Employment-Based Petitions (H-1B, L-1, O-1, EB-1, EB-2)
USCIS often questions employer-employee relationships, specialty occupation definitions, or extraordinary ability qualifications.
We prepare detailed organizational charts, job descriptions, and third-party expert letters to establish eligibility.
Investment Immigration (EB-5 and E-2)
RFEs in investor cases frequently focus on source and path of funds, job creation, or business viability.
Our attorneys provide financial traceability reports, audited statements, and economic impact analyses to meet evidentiary burdens.
Family and Adjustment of Status Cases
Common RFE issues include relationship authenticity, missing medical exams, or financial sponsorship shortfalls.
We ensure that affidavits, tax transcripts, and supporting evidence align perfectly with USCIS standards.
5. Legal Consequences of Ignoring or Mishandling an RFE
The Cost of Inaction
An RFE that is ignored or poorly addressed can derail even the strongest application.
Consequences include:
- - Automatic Denial of the underlying petition
- Loss of Filing Fees
- Accrual of Unlawful Presence
- Ineligibility for Appeal or Motion to Reopen
SJKP LLP helps clients avoid these outcomes through rapid, organized, and legally precise responses that restore case momentum.
6. Rejections, Appeals, and Refiling After an RFE
When the Response Isn’t Enough—Next Steps
Even after a well-prepared RFE response, USCIS may deny a petition.
Our attorneys handle all subsequent remedies with speed and strategy.
Motion to Reopen or Reconsider (Form I-290B)
If USCIS erred in evaluating your evidence, we can file a motion to reopen or reconsider, accompanied by a legal brief highlighting factual and procedural mistakes.
Administrative Appeals (AAO or BIA)
We represent clients before the Administrative Appeals Office (AAO) or Board of Immigration Appeals (BIA), presenting detailed legal arguments based on case precedent and regulatory interpretation.
Refiling and Strengthening the Case
Sometimes the best approach is a fresh start.
SJKP LLP advises on strategic refiling—enhancing documentation and addressing prior weaknesses to maximize the chance of approval.
7. Common Questions About RFE (Request for Evidence)
Clear Answers for Applicants Facing Additional Review
Does Receiving an RFE Mean My Case Will Be Denied?
No.
An RFE simply means USCIS needs more information.
A thorough and timely response often leads to approval.
How Much Time Do I Have to Respond?
Typically 30 to 90 days, depending on the notice.
It’s essential to start immediately—missing the deadline can lead to automatic denial.
Can I Submit More Than What USCIS Requested?
Yes, and it’s often beneficial.
Providing supplemental evidence that anticipates potential concerns can strengthen your case.
Can an Attorney Respond to an RFE on My Behalf?
Absolutely.
Attorneys can prepare and file RFE responses as authorized representatives, ensuring that the submission fully complies with USCIS policy and format.
8. Why Choose SJKP LLP for RFE Representation
Precision. Experience. Strategy That Wins.
At SJKP LLP, we understand that an RFE can be stressful, but it’s also an opportunity to reinforce your case.
Our attorneys bring extensive experience handling RFEs across employment, investment, and family categories—turning potential denials into approvals.
We prepare detailed legal briefs, compile verifiable documentation, and coordinate directly with clients, employers, and sponsors to deliver persuasive and timely submissions.
With deep familiarity in USCIS adjudication trends, agency policy memoranda, and appeal precedents, SJKP LLP offers clients the confidence and control they need during this critical stage.
We don’t just respond to RFEs—we rebuild cases for success.
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.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
