What is RFE?

Request for Evidence (RFE) is a notice that USCIS officer sends to your employer requesting additional information for pending H-1B application.

What happened prior to RFE?

The USCIS conducts what is known as the acceptance step, to check that the petitions are properly filed for things like signed by the applicant, fees paid, sections filled in, etc. Then, USCIS issues a receipt number which is subsequently sent to the petitioner.

So, why the Request for Evidence (RFE)?

The RFE being self-explanatory is merely a letter from the officer that checked your application and decided that it lacked the initial documentary evidence to support your eligibility. The USCIS Officer will outline in the letter, the documents or evidence needed to re-evaluate your petition and it will also stipulate a deadline for your response.

Indeed, the application task is long, tedious, tiring but remember you only have the one application. Just think of how many petitions the USCIS Officer has to get through, hundreds? If you were in the shoes of the officer, would you be smiling or snarling at mistakes?

How much time are you given to respond to an RFE?

The short answer is, the response due date will be listed on the RFE . Usually, the employer has 12 weeks from time of RFE issuance during which to send a response. . Therefore, instruct your attorney to respond as quickly as possible and avoid using the entire 3 months allotted time.

In July 2011, probably due to high volumes of work and complaints about processing times the USCIS decided to address the issue and work towards improving their efficiency. So, armed with the authority of Title 8, Code of Federal Regulations (8 CFR) 103.2(b); 8 CFR 103.5a(b), they changed it.

Which areas will the USCIS Officer fail the Petition and issue an RFE?

• The candidate has failed to demonstrate eligibility for a particular application, petition, or request.
• The candidate has failed to present the required standard of proofing eligibility to support a petition, or not all the required elements were met.
• The candidate failed on the authenticity of the documentary evidence and is liable to be investigated for fraud and national security, pursuant to FDNS and CARRP protocols.

I have filed my response to the RFE. How long will the USCIS take to process my RFE?

Obviously, each petition is different and requires varying documentary evidence. So, please read the RFE carefully and systematically respond to each item with meticulous precision. If you are struggling with your RFE and it is proving to be complex, seek a reputable immigration attorney to assist you.

The USCIS can take anything between a few days to more than 60 days, for a response to be sent your way.

Is NOID (Notice of Intent to Deny) and RFE the same thing?

• In case of RFE, USCIS requests for additional information from the applicant, where as in case of NOID, USCIS decides on the ineligibility of approving the case filed due to the evidences provided.
• In case of RFE, USCIS requests for the evidences to be submitted. While in case of NOID, USCIS writes to the candidate’s petitioner on the intent of denial of the petition.