If you’ve submitted an APPLICATION for an EB1 visa & gotten an RFE (Request For Evidence), it can be unsettling.
But, do not worry, as receiving an RFE is just a regular occurrence with an EB1 application and does not necessarily indicate that your application will be DENIED.
An RFE indicates that USCIS requires additional information or documentation from you to arrive at a decision regarding your application.
In this detailed guide, we’ll cover all aspects of EB-1 RFE – What is a RFE? What leads to an RFE? What are typical types of RFEs? How do I respond to an RFE? And more.
What is an EB-1 RFE?
A Request for Evidence (RFE) is issued by United States Citizenship & Immigration Services (USCIS) in the event that additional documents or clarification are needed earlier to make a determination on an applicant’s EB-1 petition.
An RFE does not indicate that the petition has been denied, & many times the USCIS issues an RFE for a valid case due to a lack of evidence to establish that the petition meets the eligibility requirements. By properly responding to the RFE & submitting additional evidence, the petition can still receive approval.
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Understanding the EB-1 Visa Categories!
Before beginning to understand RFEs you will need to become familiar with the three categories of the EB1 visa:
1.The EB1A Extraordinary Ability visa is for people who have extraordinary ability in the following fields:
- Science
- Arts
- Education
- Business
- Athletics
The EB1A category does not require that an applicant be sponsored by an employer.
2. The EB1B Outstanding Professors & Researchers visa is for international professors & researchers who have been recognized internationally as being outstanding & who have a minimum of 3 years of experience & who have a permanent job offer from a US employer.
3. The EB1C Multinational Manager or Executive visa applies to executives & managers who have been transferred to a US branch of a multinational company.
Each of these categories has different eligibility criteria & the types of RFEs you may receive will also differ by category.
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Why Does USCIS Issue an EB-1 RFE?
USCIS officials will evaluate if a petition meets the strict EB1 requirements and if so, a RFE will be issued in place of a direct denial if:
- There is not enough evidence
- There is weak evidence
- There are inconsistent facts
- There is missing required evidence
Most Common Reasons for EB-1 RFE!
Let’s go deeper into the most frequent RFE triggers.
1. Failure to Meet at Least 3 Criteria
EB-1A requires meeting at least 3 out of 10 criteria, unless you qualify for a major one-time award (like a Nobel Prize).
Common RFE issues:
- Weak evidence of original contributions
- Insufficient proof of judging others’ work
- Publications not considered significant
- Media coverage not major or not about the applicant
2. Final Merits Determination Issues
Even if you meet 3 criteria, USCIS applies a “final merits” review. They assess if you truly demonstrate sustained national or international acclaim.
Many RFEs challenge:
- Impact of your work
- Recognition level
- Field significance
- National importance
3. EB-1B – Common RFE Reasons!
- Not enough evidence of international recognition
- Publications lacking citations
- Letters of recommendation from dependent sources
- Employer not proving permanent job offer
4. EB-1C – Common RFE Reasons!
- Job duties too operational, not managerial
- Company structure unclear
- Lack of proof of qualifying relationship between foreign & US items
- Insufficient evidence of employees supervised
What Does an EB-1 RFE Notice Include?
An RFE letter contains:
- Information about your case
- What you have not submitted in your EB1 visa application list
- What you have violated in regards to the law
- How long you have to produce the material requested
- Why the evidence submitted doesn't justify your claim
These could come from one of the following items/areas of law:
- Immigration and Nationality Act (INA)
- USCIS policy manual
- Federal regulations
It’s vital that you read the RFE letter in its entirety, every word is detailed.
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How to Respond to an EB-1 RFE?
Proper response can result in an RFE being converted to an approval.
Step 1: Take the time to fully analyze the RFE
- Determine the type of issue being raised by the USCIS regarding your case.
- Is an issue being raised related to documentation?
- Is an issue being raised that calls into question your credibility?
- Is there an issue regarding your legal eligibility for EB1 classification?
- List every issue being raised in the RFE.
Step 2: Obtain strong substantive evidence
Do not include previously submitted documentation, rather:
Include more substantive evidence as follows:
- Opinion letters from expert witnesses
- Objective evidence i.e reference to publications, awards, ranking, media articles.
- Third-party verification.
Step 3 : Draft the Legal Response Letter
There is no one-size-fits-all response letter format, your response will need to address each item separately.
- Reference the exact language from the RFE in your response letter.
- Provide legal arguments to support each issue.
- Reference the relevant USCIS Policy Letter to support each element.
- Explain, in detail, how your evidence has met the requested criteria.
- Your response letter is a critical part of your RFE response.
It will pull your evidence together, & will serve to urge the adjudicating officer whether to provide a favorable adjudication.
Step 4 : In Your RFE Package
Create a strong RFE response package that conforms to all of the elements detailed below:
- Include a cover letter
- Create a table of contents.
- Use appropriately tabbed exhibits.
- Clearly label all documentation.
- Use professional formatting.
- Keep in mind that USCIS adjudicating officers see a lot of cases each day & will appreciate your assistance in making their job easier.
EB-1 RFE Processing Time and Cost!
| Services | Economy | Standard | Express |
|---|---|---|---|
| 5 to 7 Days | 3 to 4 Days | 1 to 3 Days | |
| RFE Response | $629 | $829 | $999 |
| RFE Response( H1-B, EB2, EB3, I-485) | $549 | $699 | $999 |
| RFE Response(EB1C, L1A) | $1099 | $1399 | $1999 |
| RFE Response(EB1A, EB1B, EB2 NIW) | $1199 | $1399 | $2199 |
What Happens After You Submit RFE Response?
After you submit your RFE response, there are 3 potential outcomes for the case:
- an approval, denial or a NOID
- If your case receives a denial
You have several options for responding:
- File a motion to reopen (MTR)
- File a motion to reconsider your case
- Appeal to the AAO.
You may also have the option of re-filing your case with stronger evidence.
Can an EB-1 RFE Be Avoided?
Yes, Just plan ahead. Here are some ways to avoid an EB-1 RFE:
- Include objective and compelling evidence
- Can’t provide anything self-serving
- Have multiple independent experts write letters
- Clearly define the role and contribution you have made in your field
- Show achievements that can be measured (preferably with numbers)
- Include recognition from others
- Present your documentation in an organized manner.
By preparing thoroughly for your application, you can reduce your chances of receiving an RFE significantly.
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Strong Evidence Examples for EB-1!
Here are some examples of persuasive evidence
- Reference Report (Google Scholar, Scopus)
- Documented Awards
- Media Publications
- Membership in Exclusive Associations
- Patent Approvals
- High Salary Evidence
- Conference Invites
- Peer Review Invitations
- Judging Records
The better the documentation, the less chance you have of receiving an RFE.
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Should You Hire an Attorney for an EB-1 RFE?
Although it’s not required to use an attorney to assist with the EB-1 application process, a qualified immigration attorney can do the following:
- Interpret USCIS Arguments
- Provide additional strength to final merit arguments
- Prepare Legal Briefs that Convince Congress
- Prevent Additional Mistakes
As a result, when working with EB-1 standards that are so high, it is often recommended that clients obtain professional assistance.
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Emotional Side of Receiving an EB-1 RFE
When you get an RFE for your EB-1 case, remember the following:
- Many EB-1 cases have been successfully approved after receiving RFE's.
- When you receive an RFE it means that the USCIS is still considering your case.
- If you respond strongly to your RFE, you could have a chance to be approved.
- Stay calm and approach your response strategically.
Difference Between EB-1 RFE vs NOID!
| Factor | RFE (Request for Evidence) | NOID (Notice of Intent to Deny) |
|---|---|---|
| What does it mean? | USCIS needs additional documents or clarification before making a decision | USCIS considers the petition does not meet requirements & plans to deny it unless strong denial is provided |
| Level of concern | Moderate, case is still under review | Serious, case is at risk of denial |
| Purpose | To give the petitioner a chance to submit missing or stronger evidence | To give the petitioner a final opportunity to overcome specific reasons for intended denial |
| How Common | Relatively common in EB-1 cases | Less common but more critical |
| Response Strategy | Strengthen the case with clear documentation and explanations | Provide a detailed legal argument with strong supporting evidence |
| Risk Level | Case can still be approved if response is strong | Higher risk of denial if response is not convincing |
To Sump up!
Receiving an EB1 Request for Evidence (RFE) does not indicate that your immigration journey has come to an end. On the opposite, it is an opportunity to strengthen your case through more complete documentation, organized evidence, legal clarity & strategically presenting your responses. By utilizing these strategies, many EB1 RFE responses move forward & eventually get approved.
