Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) in an H-1B petition means that USCIS is requesting additional evidence or clarification before making a decision on the petition. An RFE is not itself a denial, but the response should address the issues identified by USCIS carefully and within the deadline stated in the notice.
An H-1B RFE may raise questions about the offered position, the beneficiary's qualifications, the employer-employee relationship, or other aspects of the petition. Understanding exactly what USCIS has requested can help the petitioner organize a focused response.
Why Did USCIS Send an H-1B RFE?
USCIS may issue an RFE when the evidence submitted with an H-1B petition does not sufficiently establish an issue relevant to the requested classification or when additional documentation is needed.
Common areas addressed in H-1B RFEs can include:
Specialty Occupation Issues – USCIS may question whether the offered position qualifies as a specialty occupation under the applicable H-1B requirements.
Degree Equivalency Concerns – Questions may arise regarding whether a foreign degree is equivalent to the required U.S. degree or whether the beneficiary's educational background is appropriately related to the position.
Beneficiary Qualifications – USCIS may request additional evidence concerning the beneficiary's education, degree field, transcripts, or qualifying experience.
Employer-Employee Relationship – Additional documentation may be requested to establish the petitioner's relationship with and control over the beneficiary.
Job Duties and Position Requirements – USCIS may seek more detailed information about the actual duties, position requirements, and nature of the offered employment.
Third-Party Worksites – For certain third-party arrangements, USCIS may request additional evidence concerning the work to be performed, the end client, supervision, contracts, or other aspects of the assignment.
The appropriate response depends on the specific issues identified in the RFE and the evidence available in the case.
What Should an H-1B RFE Response Include?
An effective RFE response should be organized around the specific requests made by USCIS. Rather than submitting unrelated documentation, the response should clearly connect the evidence to the issues identified in the notice.
A Point-by-Point Cover Letter
A well-structured cover letter can provide a response to each issue raised in the RFE. It can identify the relevant evidence and explain how the submitted documentation addresses the questions raised by USCIS.
Expert Opinion Letters
In some cases, an Expert Opinion Letter may provide additional professional or academic analysis relevant to an issue raised in an H-1B RFE.
For example, an appropriately qualified expert may provide professional analysis concerning:
the specialized nature of the position;
the relationship between the position and a particular academic field;
specialized technical duties;
the relationship between the beneficiary's education and the offered position; or
other issues that require specialized professional context.
An Expert Opinion Letter is supporting evidence. It does not independently determine whether an H-1B petition satisfies USCIS requirements.
Academic and Work Experience Evaluations
Where relevant, a professional evaluation may help explain foreign educational credentials or other qualifications.
USCIS materials recognize that professional education evaluations may be used to help determine the U.S. equivalent of foreign education. USCIS also distinguishes between evaluations of formal education and situations involving training or work experience.
The appropriate type of evaluation depends on the facts of the case and the specific issue raised in the RFE.
Employer Documentation
Depending on the RFE, supporting documentation may include organizational charts, project information, contracts, work orders, client documentation, job descriptions, or other evidence concerning the offered position and employment arrangement.
For third-party worksites, additional documentation concerning contracts, work assignments, supervision, and the end-client relationship may be relevant.
Certified Translations
Documents containing foreign-language material submitted to USCIS generally need to be accompanied by a full English translation certified by the translator as complete and accurate, along with certification that the translator is competent to translate from the foreign language into English.
Additional Supporting Evidence
Depending on the RFE, additional evidence may include professional certifications, transcripts, employment records, project documentation, company information, or other materials that directly address the issues identified by USCIS.
How International Evaluations Can Help
International Evaluations provides professional documentation that may be relevant to certain H-1B RFE issues.
Expert Opinion Letters
International Evaluations works with academic professionals and industry experts who can provide independent professional analysis based on the materials and information provided for review.
An expert's role is to provide their professional opinion. The letter does not replace the underlying evidence or determine the outcome of the immigration petition.
Academic & Work Experience Evaluations
Where appropriate, International Evaluations provides professional evaluations addressing foreign educational credentials and certain education-and-experience questions.
The type of evaluation should be selected based on the specific facts of the case and the documentation available.
Certified Translation Services
International Evaluations can assist with translations of documents that may need to accompany an immigration filing, including documents requiring a certified English translation.
RFE Documentation Support
International Evaluations can prepare professional documentation that may be relevant to issues identified in an RFE, such as credential evaluations or expert analysis.
For case-specific legal strategy, including determining which arguments should be made in an RFE response, the petitioner should work with a qualified immigration attorney.
Time-Sensitive RFE Deadlines
RFE deadlines are important. USCIS guidance states that the maximum response period for an RFE is generally 12 weeks (84 days), although the specific RFE notice controls the deadline applicable to the case. USCIS may provide a shorter response period in certain circumstances.
Because an RFE response may require gathering documents from employers, clients, universities, or professional experts, it is useful to begin organizing the response promptly after receiving the notice.
Key Considerations When Responding to an H-1B RFE
Read the RFE Carefully – Identify each issue USCIS has raised and the evidence requested.
Respond to Each Issue – Organize the response so that the evidence addressing each request is easy to identify.
Use Relevant Documentation – Submit evidence that directly relates to the issues raised rather than adding unrelated material.
Review Foreign Credentials Carefully – If the case involves a foreign degree, determine whether additional documentation or a professional evaluation is appropriate.
Address Third-Party Worksite Issues When Applicable – Contracts, work orders, assignment details, and end-client documentation may be relevant in qualifying third-party arrangements.
Meet the Deadline – Follow the response deadline stated in the RFE and submit the response within the permitted period.
Seek Legal Guidance When Needed – An immigration attorney can determine the legal strategy for responding to the specific issues raised by USCIS.
Can an Expert Opinion Letter Help With an H-1B RFE?
An Expert Opinion Letter may be relevant when an RFE raises an issue that benefits from specialized professional or academic analysis.
For example, if USCIS questions the relationship between a beneficiary's educational background and the duties of the offered position, an appropriately qualified expert may provide independent analysis explaining that relationship.
Similarly, where the nature of a specialized position requires technical or industry-specific explanation, an expert may provide professional context that helps explain the evidence already submitted.
The usefulness of an Expert Opinion Letter depends on the specific issue raised and the overall evidence in the petition. It should be considered as part of the broader RFE response rather than as a standalone solution.
What International Evaluations Provides for H-1B RFE Matters
International Evaluations can provide professional documentation such as:
Expert Opinion Letters
Academic Evaluations
Work Experience Evaluations
Credential Evaluations
Certified Translations, where applicable
Each document is prepared based on the information and documentation provided for the specific matter.
USCIS independently reviews the petition and all submitted evidence and makes the immigration decision. Professional documentation does not by itself establish eligibility or guarantee a particular outcome.
Conclusion
An H-1B RFE identifies issues for which USCIS is requesting additional evidence or clarification. The appropriate response depends on the specific questions raised in the notice and the evidence available to address them.
In some cases, professional documentation such as an academic evaluation, work experience evaluation, or Expert Opinion Letter may provide useful supporting analysis. Other cases may require employer documentation, contracts, project evidence, transcripts, or additional records.
International Evaluations can assist with professional documentation that may be relevant to an H-1B RFE. For legal strategy and case-specific advice, petitioners and beneficiaries should consult a qualified immigration attorney.
Disclaimer
International Evaluations does not guarantee approval, prevent denials or Requests for Evidence (RFEs), or guarantee any other immigration outcome. USCIS independently reviews and decides immigration petitions and applications under applicable laws, regulations, policies, and filing requirements. International Evaluations provides professional documentation support and is not a law firm and does not provide legal advice or legal representation. For case-specific legal guidance, applicants and petitioners should consult a qualified immigration attorney.