As an EMPLOYER or an international skilled worker trying to successfully navigate the US immigration system, FACING an RFE can be very frustrating for you.
An RFE will be issued by USCIS after you send it an application for a visa (e.g L1 (non-immigrant, intra-company transfer), O (extraordinary ability), or TN (North America Free Trade Agreement) due to a lack of evidence or documentation to support your application.
The following blog post explains when & why RFEs are issued, identifies the most common mistakes that lead to being issued an RFE & provides a step-by-step plan to eliminate the issues in order to respond to the RFE & keep your application moving forward.
What Is an RFE (Request for Evidence)?
An RFE or Request for Evidence, is issued from US Citizenship and Immigration Services (USCIS) when they need further documentation or evidence in order to finalize the decision on a visa application.
An RFE does not indicate that your petition has been denied by USCIS rather, it is an indication that USCIS has requested additional information to help determine your eligibility.
The request will provide an explanation of what specifically is missing & provide a time frame in which you need to respond. You still can have your petition approved if you provide a clear, well-organized, & complete response within the allotted time frame.
Overview of L-1, O, and TN Visas!
Before diving into RFEs, let’s briefly understand each visa category.
| Visa Type | Purpose | Who Qualifies? | Main Criteria |
|---|---|---|---|
| L-1 Visa | Internal transfer | Managers, executives, specialized knowledge employees | Qualifying corporate relationship + qualifying employment |
| O-1 Visa | Individuals with extraordinary ability | Professionals in sciences, arts, business, athletics | Sustained national or international acclaim |
| TN Visa | NAFTA/USMCA Professionals | Canadian & Mexican professionals | Job offer in listed profession + qualifications |
L-1 Visa RFE:Common Issues and Solutions!
The L-1 visa is frequently scrutinized, especially under the L-1A (manager/executive) & L-1B (specialized knowledge) categories.
1. L-1A RFE: Managerial or Executive Capacity
Common RFE Issues:
- Duties seem operational, not managerial
- Lack of evidence of supervision
- Lack of evidence of subordinate professional staff
- Limited US office concerns
- Viability of new office issues
Typical RFE Language
- Officers often question whether the beneficiary
- Primarily engages in managerial work
- Directly supervises professional employees
- Has the ability to hire and fire
Evidence to Include in Response
| Evidence Type | Why does it matter? |
|---|---|
| Detailed job description (percentage breakdown) | Shows managerial vs operational duties |
| Organizational charts | Demonstrates hierarchy and supervision |
| Payroll records of subordinates | Proves existence of managed staff |
| Company financial statements | Establishes operational scale |
| Business plans (for new office | Proves growth projections |
Strategic Response Tips
- Rewrite job duties clearly separating strategic vs daily tasks
- Provide revised org charts showing reporting lines
- Include affidavits from company executives
- Clarify decision-making authority
2. L-1B RFE: Specialized Knowledge
This is one of the most frequent L-1 RFEs.
Common Concerns:
- Knowledge is common or can be easily transferred
- Lack of sufficient evidence of proprietary processes
- Poor documentation of product complexity
Supporting Documentation Checklist:
- Technical manuals
- Training documents
- Intellectual property documents
- Patents
- Evidence of internal proprietary systems
- Detailed explanation of why the knowledge is uncommon.
O-1 Visa RFE: Extraordinary Ability Challenges
The O-1 visa requires demonstrating extraordinary ability under regulatory criteria.
Most Common O-1 RFE Triggers
| Issue | Explanation |
|---|---|
| Weak evidence of sustained acclaim | Officer questions long-term recognition |
| Media coverage not significant | Article may not be major publications |
| Awards not nationally recognized | Local awards may not qualify |
| Salary evidence insufficient | High salary must be comparative |
The O-1 standard is high and subjective, which leads to many RFEs.
Because the O-1 category has strict and highly scrutinized eligibility standards, applicants should clearly understand the official O-1 visa qualification requirements before filing.
O-1 RFE Response Strategy
Enhance Regulatory Criteria
The O-1 visa category demands satisfaction of at least 3 of the criteria listed. Typical criteria include:
- National or international awards
- Published writings about the beneficiary
- Original work of major importance
- High compensation
- Membership in associations requiring extraordinary achievements
In preparing a response:
- Use objective industry standards
- Attach expert opinion letters
- Submit independent media analysis
- Add citation metrics if appropriate
TN Visa RFE: Professional Qualification Scrutiny
TN Visa Requests For Evidence- Scrutiny Of Professional Qualifications
The TN visa is one of the classes of non-immigrant visas available under the USMCA (previously NAFTA).
Unlike L-1 and O-1 visas, TN visa Requests for Evidence typically include scrutiny of the following:
- Does the job qualify as one of the listed professions?
- Does the degree meet the requirements of the profession?
- Is the position a true professional position?
Common TN RFE Reasons
| RFE Concern | Example |
|---|---|
| Job duties don’t match profession | Software role filed as computer systems Analyst |
| Degree mismatch | Marketing degree for engineering position |
| Employer-employee relationship | Independent contractor arrangement |
TN RFE Response Documentation
- Detailed job description tied directly to USMCA profession
- Degree transcripts and evaluation (if foreign)
- Employer support letter
- Organizational chart
- Clarification of supervisory structure
How to Respond to An RFE?
RFE Step 1: Analyze the RFE
Read through the RFE carefully to understand:
- The Legal Basis
- Evidence Not Attached
- Deadline for Responding
Sample RFE Response Structure!
| Section | Content |
|---|---|
| Cover letter | Overview of response |
| Legal Argument | Citation of regulations |
| Point-by-point rebuttal | Direct answers to office concerns |
| Exhibits | Supporting documentation |
| Conclusion | Restate eligibility |
How to Prevent RFEs for YOUR L-1, O, OR TN Petition
It’s ALWAYS better To Prevent than to cure:
- BEST PRACTICES
- Provide Percentage Based Duty Breakdown
- Include Detailed Organizational Chart
- Include Expert Letters (As Applicable)
- Avoid Providing Vague Job Descriptions
- Match Degree To Position (TN Petition Cases)
- Provide Comparative Salaries (O-1 Petition Cases)
Processing Times and Cost of RFEs!
| Services | Economy | Standard | Express |
|---|---|---|---|
| 5 to 7 Days | 3 to 4 Days | 1 to 3 Days | |
| RFE Response | $629 | $829 | $999 |
| RFE response (H1B, EB2, EB3, I-485) | $549 | $699 | $999 |
| RFE response (EB1C or L1A) | $1099 | $1399 | $1999 |
| RFE response (EB1A, EB1B, EB2 NIW) | $1199 | $1399 | $2199 |
In Conclusion!
An RFE (Request For Evidence) for your L-1, O-1, or TN visa is not the end of your case. An RFE means that the USCIS has some questions or concerns, & they are asking for more information before making a decision. If you carefully read the RFE & respond to all points clearly, along with strong supporting documents, and if you submit a well-prepared and organized response, the chance for approval will be good. Responding properly to an RFE can turn the RFE into a successful outcome.
Frequently Asked Questions!
No, the term "RFE" is actually an abbreviation used in immigration to describe the need for more information from USCIS before they can approve your case.
The amount of time you have to respond to an RFE is specified by the RFE Notice you receive, usually 30 days to 87 days.
If you are in the L-1A non-immigrant status, the most common type of RFE relates to whether or not you are really in a managerial or executive position. If you are in the L-1B status, most commonly, it will relate to whether or not you have established proof of your specialized knowledge.
Most O-1 visa RFEs will question the amount of constant national & international attention the beneficiary has received as defined in the O-1 requirements.
Commonly, RFEs for TN visa applications will relate to things such as job duties not matching the TN profession, degree must be consistent with the job duties, etc.
Yes, you should always respond to each issue raised in an RFE with other documentation that supports your case.