How to respond to an H-1B Request for Evidence (RFE). Common RFE topics, response strategies, timelines, and tips for a successful response.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
A Request for Evidence (RFE) is a notice from USCIS asking for additional documentation or clarification before making a decision on your H-1B petition. Receiving an RFE does not mean your petition will be denied — it means USCIS needs more information. RFE rates vary by employer, occupation, and service center. Many strong petitions receive RFEs, and the majority of well-responded RFEs result in approval.
The most frequent RFE topics include: Specialty Occupation — USCIS questions whether the role truly requires a bachelor's degree in a specific field. Beneficiary Qualifications — requesting proof that the worker's degree and experience match the job requirements. Employer-Employee Relationship — common for consulting companies where the worker is placed at client sites. Wage Level — questioning whether the offered wage matches the complexity of duties described. Maintenance of Status — requesting proof the beneficiary has maintained valid immigration status.
Key principles for a successful RFE response: (1) Address every point in the RFE — don't skip any requested evidence. (2) Provide more documentation than you think is necessary. (3) Include a detailed legal brief explaining how the evidence satisfies each requirement. (4) Use expert opinion letters for specialty occupation RFEs. (5) Provide detailed job descriptions with specific technical requirements. (6) Include comparable job postings showing the industry standard for the role. (7) Have your immigration attorney lead the response preparation.
You typically have 60 days to respond to an RFE (previously 87 days, reduced by USCIS). This deadline is strict — failure to respond results in denial based on the existing record. Start preparing your response immediately upon receiving the RFE. If using premium processing, the 15-day clock resets when USCIS receives your RFE response. Plan for 2-4 weeks to gather documents and prepare the response, leaving buffer time for mailing.
No. Many RFEs result in approval after a well-prepared response. RFE rates vary but are common — receiving one does not indicate a problem with your case. Focus on providing thorough, well-documented responses.
Typically 60 days from the date of the RFE notice. This deadline is firm — late responses will not be accepted. Begin preparation immediately.
No. USCIS does not grant extensions for RFE responses. You must submit your response within the allotted time.