Requests for Evidence (RFE)

What is an RFE?

How do I know what is needed to respond to the RFE? Can I view the RFE notice? 

When will the RFE response be sent to USCIS? 

This case was sent with Premium Processing – Does it need to be added again with the RFE response? 

What is an RFE? 

USCIS issues a Request for Evidence (RFE) , when they require  additional documentation to support the case filing. Please know that this is not a denial from USCIS. When the legal team receives the RFE, they will be given  a deadline to collect the necessary documents from either you or your employer, or both, and submit a response to the RFE.

How do I know what is needed to respond to the RFE? Can I view the RFE notice?

The legal team will review the RFE notice once it has been issued to determine what additional documentation is required for the response. For example, RFEs can vary depending on the case type.

• I-485, it’s common to get an RFE for the medical exam
• I-140 or H-1B cases most commonly need information from employers, such as clarification on the nature of the offered position or how it qualifies as a specialty occupation

After the legal team completes their review, they will notify you or your employer of any information or documentation needed to support the RFE Response. At that time, you will find any document requests highlighted in the Request for Evidence section within the case. Please note that it’s common that the employer is the only party required to provide more information.

If you would like to download a copy of the RFE Notice for review, please know that we may require your employer’s written approval to grant access to this Reference Document. To initiate this process, please contact Envoy Customer Experience, and they will coordinate with your employer for permission to share the notice.

When will the RFE response be sent to USCIS? 

The legal team will send an RFE response once they’ve confirmed they have the necessary information to provide a strong response. Each RFE will vary depending on the complexity. Some only require a few documents, while others may require more substantial evidence.

It is common  for the legal team to use the full amount of time granted by USCIS to respond to the RFE. Timelines will also vary based on the amount of time that you and your employer are able to gather and provide the supporting documentation. RFE responses are generally more complex than other case types, and it can take time to gather the necessary documents and for the legal team to draft a thorough  argument that covers all the concerns mentioned by the USCIS. The legal team will work to submit the RFE response under the appropriate timeline, and you will be notified of any action  required from you to strengthen the case.

Once the required  documents have been received, the legal team will conduct a final review of the RFE response and send the response via overnight shipping to USCIS for government processing. It typically takes USCIS 60 days to process and adjudicate RFE responses. The legal team will notify you with any new updates from USCIS.

This case was sent with Premium Processing – do I need to add it again for the RFE response? 

If Premium Processing was added in the initial filing before the RFE is issued, you will not be required to resubmit a Premium Processing request. USCIS will honor the prior Premium Processing filing. USCIS will uphold the 15 calendar days processing time once the RFE response has been received.