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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

Employment Authorization (EAD)

Common RFEs for Employment Authorization Document applications.

Eligibility Category Evidence

very common60 days to respond

USCIS needs evidence that you qualify under the claimed EAD category.

What they are asking for

  • Evidence supporting your eligibility for the specific (c) category claimed
  • Documentation of pending application or valid status

What answers it

  • Copy of pending I-485 receipt notice (for (c)(9) category)
  • Copy of I-20 with CPT/OPT authorization (for student categories)
  • Copy of pending asylum application receipt (for (c)(8) category)
  • Marriage certificate and spouse's valid status documents
  • Valid I-94 showing current status
  • Previous EAD card (for renewal)
  • Form I-797 approval/receipt notices for related petitions

Common mistakes

  • Selecting the wrong eligibility category on the form
  • Not including evidence of the underlying application (I-485, asylum, etc.)
  • Filing an EAD renewal too late (file 180 days before expiration)
  • Not including the I-94 or status documentation
Cover letter template →
[Your Name]
[Your Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Applicant: [YOUR NAME]
Form: I-765 — Eligibility Category

Dear USCIS Officer,

I am responding to the RFE dated [RFE DATE] regarding my eligibility for an Employment Authorization Document under category ([CATEGORY CODE]).

I am eligible because [EXPLANATION].

Enclosed:
1. [Receipt notice / Status documentation]
2. [Supporting evidence for the specific category]

Sincerely,
[Your Name]
A# [YOUR A-NUMBER]

Supporting Documentation

common60 days to respond

Additional documents needed to process the EAD application.

What they are asking for

  • Identity documents (passport, I-94)
  • Passport-style photos meeting specifications
  • Evidence of current immigration status

What answers it

  • Copy of valid passport biographical page
  • Copy of most recent I-94
  • Two passport-style photos meeting USCIS specifications
  • Copy of current visa stamp
  • Copy of previous EAD (front and back)
  • Copy of Social Security card (if previously issued)

Common mistakes

  • Photos that do not meet USCIS specifications
  • Expired passport copies
  • Not including the I-94 or using an incorrect printout
  • Forgetting to include a copy of the previous EAD for renewals
Cover letter template →
[Your Name]
[Your Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Applicant: [YOUR NAME]
Form: I-765 — Supporting Documentation

Dear USCIS Officer,

I am responding to the RFE dated [RFE DATE] requesting additional supporting documentation for my I-765 application.

Enclosed:
1. Copy of passport biographical page
2. Copy of I-94
3. Two passport-style photographs
4. [Additional documents]

Sincerely,
[Your Name]
A# [YOUR A-NUMBER]

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.