ImmigraMate
Sign In
Sign In

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-based petition

Common RFEs for employer-sponsored immigrant visa petitions.

Specialty occupation evidence

very common87 days to respond

USCIS questions whether the position qualifies as a specialty occupation.

What they are asking for

  • Evidence that the position requires a minimum of a bachelor's degree in a specific field
  • Proof that the degree requirement is common in the industry
  • Expert opinion letters supporting the specialty nature of the role

What Answers It

  • Detailed job description with specific duties requiring specialized knowledge
  • Expert opinion letters from professors or industry professionals
  • Department of Labor Occupational Outlook Handbook excerpts
  • Job postings from similar companies for similar positions showing degree requirements
  • Industry publications or studies supporting degree requirements
  • Organizational chart showing position complexity

Common Mistakes

  • Providing a generic job description that could apply to any business role
  • Expert letters that are too brief or conclusory
  • Not showing that a specific degree field is required (vs. any degree)
  • Failing to address USCIS's specific concerns point by point

Tips

  • The more specific the degree requirement, the stronger the case
  • Generic business or liberal arts degrees are harder to defend
  • Expert letters should explain WHY the degree is necessary, not just that it is
  • Include 5-10 comparable job postings from similar employers
  • Reference the DOL Occupational Outlook Handbook for the position
Cover Letter Template →
[Your Name / Attorney Name]
[Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-140 - 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.

The enclosed evidence demonstrates that this position requires a minimum of a bachelor's degree in [FIELD] because:

1. [Reason 1 with supporting evidence reference]
2. [Reason 2 with supporting evidence reference]

Enclosed evidence includes:
- Detailed job description
- Expert opinion letters
- Industry data and comparable job postings
- [Additional evidence]

Respectfully submitted,
[Name]

Ability to pay the proffered wage

very common87 days to respond

USCIS needs evidence that the employer can pay the offered salary.

What they are asking for

  • Evidence the employer can pay the proffered wage from the priority date onward
  • Annual reports, tax returns, or audited financial statements
  • Proof the beneficiary is already employed and being paid the wage

What Answers It

  • Federal tax returns for the employer (last 3 years)
  • Audited or reviewed financial statements
  • Annual report showing net income or net current assets
  • W-2s for the beneficiary showing wages already being paid
  • Bank statements showing sufficient funds
  • Letter from CPA confirming the company's ability to pay
  • Profit and loss statements

Common Mistakes

  • Only providing one year of financial evidence instead of from priority date onward
  • Not addressing years where the company had low income or losses
  • Confusing gross revenue with net income
  • Not including the beneficiary's W-2 when they are already being paid

Tips

  • USCIS uses three tests: net income, net current assets, or already paying the wage
  • You only need to satisfy ONE of the three ability-to-pay tests
  • If the company is large (100+ employees), ability to pay is easier to demonstrate
  • Include evidence from the priority date forward, not just the current year
Cover Letter Template →
[Attorney/Petitioner Name]
[Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-140 - Ability to Pay

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding the petitioner's ability to pay the proffered wage of $[WAGE] per year.

The enclosed evidence demonstrates ability to pay through:
1. Net income exceeding the proffered wage
2. Net current assets exceeding the proffered wage
3. [The beneficiary is currently employed at the proffered wage]

Enclosed documentation:
- Federal tax returns for [YEARS]
- [Financial statements / W-2s / Bank statements]

Respectfully submitted,
[Name]

Education equivalency

common87 days to respond

USCIS questions whether the beneficiary's foreign degree is equivalent to a U.S. degree.

What they are asking for

  • A credential evaluation from a recognized evaluation service
  • Evidence that the degree is equivalent to a U.S. bachelor's or higher
  • If using work experience, evidence of 3 years experience = 1 year education

What Answers It

  • Credential evaluation from a NACES or AICE member organization
  • Copy of foreign degree and transcripts
  • Certified English translation of all documents
  • Expert opinion letter from a professor in the field
  • If using work experience equivalency: letters from past employers detailing progressive experience

Common Mistakes

  • Using a non-reputable credential evaluation service
  • Not getting a course-by-course evaluation when required
  • Failing to include certified translations of all foreign documents
  • Not addressing the specific degree field USCIS is questioning

Tips

  • Use a NACES or AICE member evaluation service for credibility
  • A course-by-course evaluation is stronger than a general evaluation
  • If combining education + experience, the evaluation must address this
  • Three-year bachelor's degrees (common in India, UK) may need additional evidence
Cover Letter Template →
[Attorney/Petitioner Name]
[Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Beneficiary: [EMPLOYEE NAME]
Form: I-140 - Education Equivalency

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding the beneficiary's educational qualifications.

The enclosed credential evaluation from [EVALUATION SERVICE] confirms that the beneficiary's [DEGREE] from [UNIVERSITY] in [COUNTRY] is equivalent to a U.S. [DEGREE LEVEL] in [FIELD].

Enclosed:
1. Credential evaluation report
2. Copy of degree certificate and transcripts
3. Certified English translations
4. [Expert opinion letter / Experience letters]

Respectfully submitted,
[Name]

Labor certification issues

occasional87 days to respond

Issues with the PERM labor certification underlying the I-140.

What they are asking for

  • Clarification on the labor certification details
  • Evidence that recruitment steps were properly followed
  • Proof that the job requirements are legitimate business necessities

What Answers It

  • Copy of the approved PERM labor certification (ETA 9089)
  • Documentation of recruitment efforts (ads, posting records)
  • Business necessity letter explaining job requirements
  • Recruitment report showing no qualified U.S. workers were found
  • Evidence of the employer's normal recruitment practices

Common Mistakes

  • Job requirements on I-140 not matching the PERM labor certification
  • Not preserving recruitment records for the required 5 years
  • Including requirements on the PERM that are not actual business necessities
  • Failing to consult with an attorney on labor certification RFEs

Tips

  • Keep meticulous records of all PERM recruitment steps
  • Labor certification issues are complex - consult an immigration attorney
  • The job requirements on the PERM must match the I-140 exactly
  • Any discrepancy between PERM and I-140 can cause serious issues
Cover Letter Template →
[Attorney Name]
[Address]
[Date]

USCIS
[Service Center Address]

RE: Response to Request for Evidence
Receipt Number: [RECEIPT NUMBER]
Petitioner: [EMPLOYER NAME]
Beneficiary: [EMPLOYEE NAME]
Form: I-140 - Labor Certification

Dear USCIS Officer,

We are responding to the RFE dated [RFE DATE] regarding the labor certification for the above-referenced petition.

Enclosed:
1. Certified copy of approved PERM labor certification
2. [Additional requested documentation]

Respectfully submitted,
[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.