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Responding to an RFE

A Request for Evidence is not a denial. It has a hard deadline and one response — send everything asked for, in one package, before the date on the notice.

I-485I-140I-130I-129 (H-1B)N-400I-765General

H-1B Visa Petition

Common RFEs for H-1B specialty occupation visa petitions.

Specialty Occupation Qualification

very common60 days to respond

USCIS questions whether the position meets the specialty occupation criteria.

What they are asking for

  • Proof the position requires at minimum a bachelor's degree in a specific specialty
  • Evidence meeting at least one of the four specialty occupation criteria
  • Detailed explanation of specialized duties

What answers it

  • Detailed job description listing specific daily duties
  • Expert opinion letter from a professor in the relevant field
  • Department of Labor Occupational Outlook Handbook data
  • At least 10 comparable job postings from similar employers requiring degrees
  • Evidence that the employer normally requires a degree for this position
  • Industry studies or publications showing degree requirement is standard
  • Previous H-1B approvals for the same or similar position
  • Organizational chart showing role within the company

Common mistakes

  • Vague job descriptions that could apply to non-specialty positions
  • Expert letters that simply state a degree is required without explaining why
  • Not addressing all four specialty occupation criteria
  • Using job postings from unrelated industries
  • Failing to distinguish the role from general business positions
Cover letter template →
[Attorney Name]
[Firm Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-129, H-1B — Specialty Occupation

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding whether the position of [JOB TITLE] qualifies as a specialty occupation under 8 CFR 214.2(h)(4)(ii).

The position meets the specialty occupation requirements because:

1. A bachelor's degree or higher in [SPECIFIC FIELD] is the minimum requirement for entry into the position.
2. The degree requirement is common to the industry for parallel positions.
3. The nature of the specific duties is so specialized and complex that the knowledge required is usually associated with a bachelor's degree or higher.

Enclosed evidence:
[List evidence items]

Respectfully submitted,
[Attorney Name]

Beneficiary Qualifications

very common60 days to respond

USCIS questions whether the employee has the required education or equivalent experience.

What they are asking for

  • Evidence that the beneficiary holds a U.S. bachelor's degree or foreign equivalent
  • If using experience, evidence of progressively responsible experience
  • Credential evaluation showing foreign degree equivalency

What answers it

  • Copy of degree and transcripts
  • Credential evaluation from NACES/AICE member
  • Experience letters from previous employers (on letterhead, signed)
  • Licenses or certifications in the field
  • Published work or research in the field
  • Training certificates or continuing education records
  • Expert opinion letter addressing qualifications

Common mistakes

  • Not getting a proper credential evaluation for foreign degrees
  • Experience letters that are too vague or generic
  • Degree field does not relate to the specialty occupation
  • Not addressing gaps in education or experience
Cover letter template →
[Attorney Name]
[Firm Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-129, H-1B — Beneficiary Qualifications

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding the qualifications of the beneficiary, [EMPLOYEE NAME].

The beneficiary holds a [DEGREE] in [FIELD] from [UNIVERSITY], which has been evaluated as equivalent to a U.S. [DEGREE LEVEL] by [EVALUATION SERVICE].

Additionally, the beneficiary has [NUMBER] years of progressive experience in [FIELD].

Enclosed:
1. Credential evaluation
2. Degree certificate and transcripts
3. Experience letters
4. [Additional qualifications evidence]

Respectfully submitted,
[Attorney Name]

Employer-Employee Relationship

common60 days to respond

USCIS questions whether a valid employer-employee relationship exists (common for consultants/staffing).

What they are asking for

  • Evidence the petitioner has the right to hire, fire, pay, supervise, and control the work
  • Details about the actual work location and supervision
  • If third-party site, contracts and work orders

What answers it

  • Master Service Agreement with end-client
  • Work order or Statement of Work with specific duties
  • Letter from end-client confirming the project and duration
  • Organizational chart showing reporting structure
  • Evidence of petitioner's control: performance reviews, daily reporting, etc.
  • Payroll records, benefits enrollment
  • Itinerary of work for the requested H-1B period
  • Signed employment agreement or offer letter

Common mistakes

  • Not having a signed contract with the end-client
  • Work orders that are too vague about duties
  • Failing to show how the petitioner (not end-client) supervises the worker
  • Not providing evidence for the entire requested H-1B duration
  • Incomplete itineraries when work is at multiple locations
Cover letter template →
[Attorney Name]
[Firm Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-129, H-1B — Employer-Employee Relationship

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding the employer-employee relationship.

[EMPLOYER NAME] maintains the right to hire, fire, pay, supervise, and otherwise control the work of [EMPLOYEE NAME]. Even though the beneficiary will work at a client site, [EMPLOYER NAME] retains full control as evidenced by:

1. [Control evidence 1]
2. [Control evidence 2]
3. [Control evidence 3]

Enclosed:
- Master Service Agreement
- Work Order/SOW
- Client letter
- Organizational chart
- [Additional evidence]

Respectfully submitted,
[Attorney Name]

LCA (Labor Condition Application) Issues

occasional60 days to respond

Problems with the LCA supporting the H-1B petition.

What they are asking for

  • A valid certified LCA matching the job and work location
  • Evidence that the offered wage meets or exceeds the prevailing wage
  • LCA posting notice evidence

What answers it

  • Certified LCA (ETA 9035) matching the petition details
  • Prevailing wage determination from DOL
  • Evidence of LCA posting at the worksite for 10 business days
  • Screenshot or copy of LCA posting notice
  • Wage documentation showing offered wage meets prevailing wage
  • Amended LCA if work location changed

Common mistakes

  • Filing the H-1B before the LCA is certified
  • Wrong work location on the LCA
  • Not posting the LCA at the actual worksite
  • Offered wage below the prevailing wage
  • Wrong SOC code on the LCA
Cover letter template →
[Attorney Name]
[Firm Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-129, H-1B — LCA Issues

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding the Labor Condition Application.

Enclosed:
1. Certified LCA (Case #: [LCA NUMBER])
2. Evidence of worksite posting
3. [Additional LCA documentation]

The offered wage of $[WAGE] meets or exceeds the prevailing wage of $[PREVAILING WAGE] for the SOC code [SOC CODE].

Respectfully submitted,
[Attorney Name]

Before you send it

Don't Panic

An RFE is NOT a denial. It simply means USCIS needs more information. Many approved cases received RFEs.

Respond to Every Point

Address each item in the RFE individually. Do not skip any request, even if you think it was already provided.

More Is Better

When in doubt, include more evidence rather than less. You want to remove any doubt the officer may have.

Be Organized

Use tabs, labels, and a clear table of contents. Make it easy for the officer to find what they need.

Meet the Deadline

Submit your response well before the deadline. Late responses are treated as abandonments. Aim for 1-2 weeks early.

Use Tracking

Always send via tracked mail (USPS Priority Mail, FedEx, UPS). Keep proof of delivery.

Consult an Attorney

An immigration attorney can significantly improve your RFE response. Many offer affordable RFE-only services.

Keep Copies

Photocopy or scan everything before mailing. If your response is lost, you'll need to resubmit quickly.

What if…

What if I miss the RFE deadline?

If you miss the deadline, USCIS will make a decision based on the evidence already in your file. This often results in a denial. However, you can file a motion to reopen or a new application. In some cases, USCIS may exercise discretion if the response was slightly late due to circumstances beyond your control (documented with evidence).

What if I can't get all the requested evidence in time?

Submit a partial response with everything you have, plus a letter explaining what is missing and why. Request additional time if possible. Include evidence of your efforts to obtain the missing documents (e.g., letters to embassies, pending requests). A partial response is always better than no response.

What if I disagree with what USCIS is asking?

You can and should respond with legal arguments explaining why the requested evidence is not necessary or applicable. Cite relevant regulations, case law, and policy guidance. However, it is strongly recommended to also provide the evidence requested "in the alternative" while making your legal argument.

What if I withdraw my application after getting an RFE?

You can withdraw your application at any time. However, filing fees are generally non-refundable. Consider whether responding to the RFE might be worth the effort before withdrawing. You can always file a new application later, but you would need to pay the fees again.

What if my case is denied after I respond to the RFE?

You typically have options: file a Motion to Reopen (with new evidence), file a Motion to Reconsider (arguing the decision was wrong based on existing evidence), appeal to the Administrative Appeals Office (AAO), or file a new application. The denial notice will specify your appeal rights and deadlines.

What if I get a second RFE?

While uncommon, USCIS can issue additional RFEs. Treat a second RFE the same as the first: respond thoroughly and on time. A second RFE may indicate that your first response was incomplete or raised new questions.

Can I submit additional evidence after responding to the RFE?

Generally, USCIS prefers all evidence in one submission. However, if you discover critical evidence after submitting your RFE response, you can send a supplemental submission referencing your receipt number. There is no guarantee USCIS will review it before making a decision.

The deadline on your notice is the one that counts — it is calculated from the date the notice was issued, not the date you received it. Missing it normally means denial on the record you already filed.