US Immigration: Understanding the RFE (Request for Evidence) and Its Implications

Applying for a visa to the United States is a detailed and often complex process that requires a complete and well-documented application. During the review of your case by the US Citizenship and Immigration Services (USCIS), you may receive a notification known as an RFE – Request for Evidence.

What Is an RFE (Request for Evidence)?

An RFE (Request for Evidence) is an official notice issued by USCIS when an immigration application—such as a H-1B visa, L-1 visa (non-blanket), Green Card, or naturalisation petition—lacks sufficient documentation or clarification.

In simple terms, an RFE is a request for additional documents or evidence needed to properly assess your case.

Receiving an RFE does not mean your application has been refused. It simply indicates that your case remains under review and that USCIS requires further information before making a decision.

However, it is crucial to respond accurately, completely, and within the specified deadline to avoid the risk of a denial.

Common Reasons for Receiving an RFE

There are several reasons why USCIS may issue a Request for Evidence. The most frequent include:

• Missing documents: e.g. degree certificates, birth or marriage certificates, employment contracts.

• Insufficient evidence: e.g. bank statements that do not demonstrate financial stability, or organisational charts that fail to show clear managerial responsibility.

• Inconsistencies or errors: discrepancies between documents, such as different start dates on a CV and employment contract.

• Untranslated documents: all supporting documents must be in English; some must be translated by a certified translator.

• Processing time constraints: for cases under Premium Processing, USCIS has between 15 and 45 days (depending on the visa type) to adjudicate, which can lead to additional requests for clarification.

• Missing medical documentation: certain visa categories or status changes require specific medical evidence.

What Are the Implications of Receiving an RFE?

While a Request for Evidence is not ideal, it is still better than receiving a NOID (Notice of Intent to Deny). An RFE simply means that your application remains active, and the officer needs additional details before making a final decision.

Nevertheless, an RFE can have several consequences:

1. Extended Processing Time

Preparing a response takes time—reviewing the request, gathering documentation, and submitting a revised package can delay final approval by one to two months. This, in turn, may postpone the candidate’s relocation to the US.

2. Additional Costs

Preparing and submitting new evidence often leads to extra administrative and legal costs, which can vary depending on the complexity of the case.

3. Operational Impact on the Employer

Delays in visa approval can lead to productivity losses, especially when a critical employee’s start date in the US must be postponed.

4. Administrative and Legal Risks

Failure to submit a complete or timely response can result in complications, rejection, or even legal consequences depending on the visa category.

How to Respond to an RFE

The way you respond to an RFE can determine the approval or refusal of your visa application. Here are the essential steps:

1. Carefully Review the RFE Notice

Start by reading the request in detail to fully understand what evidence USCIS requires. Each RFE is unique and specifies exactly what information or documentation is missing.

2. Seek Expert Guidance

Engaging a qualified immigration expert—such as France Immigration’s Outbound Team—can be crucial. Experienced professionals can help you formulate a clear and strategic response, ensuring your documentation meets all USCIS requirements.

3. Provide Relevant and Organised Documentation

Submit only the relevant evidence requested, ensuring it is properly formatted and labelled. Overloading USCIS with unnecessary documents can delay processing.

4. Respect Deadlines

USCIS clearly states a submission deadline in each RFE notice. It is essential that all materials be received before this date—late submissions are not accepted and can lead to automatic denial.

An RFE (Request for Evidence) is not an automatic step in every US immigration process, but it is a common and manageable part of the procedure. With the right preparation, professional guidance, and timely response, an RFE can be addressed effectively, allowing your visa application to move forward successfully.

Proper handling of an RFE ensures compliance, minimises delays, and supports a smoother transition for both employers and applicants within the US immigration framework.