Last updated: August 12, 2025.
By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney
What is USCIS Request for Evidence (RFE)
An RFE (Request for Evidence) is a formal request from USCIS to provide additional evidence in support of an individual’s nonimmigrant or immigrant application.
While receiving an RFE may seem concerning, an RFE should not be cause for concern as it merely means that USCIS needs additional documents to complete the review of your application.
An RFE can range from requesting basic information such as authenticating a birth certificate to more substantive matters of law such as demonstrating that the petitioner meets the definition of a criterion for a particular visa category.
In its RFE, USCIS will provide the date of the RFE issuance, the requested additional evidence, and a deadline for the visa applicant to submit the requested evidence (typically 87 calendar days after the RFE issuance date).
It is essential that the evidence requested be submitted prior to this deadline, which is determined by when USCIS receives the evidence, not when the mail is postmarked.
It is also equally essential to send the response packet to the address indicated on the RFE, as this address will be different from the address that your initial application was sent to.
Finally, it is highly recommended that your response packet be sent through a tracking mailing service so that you can both know for certainty when the packet arrived and can also preserve the option to reopen your case should USCIS claim that the RFE response was never received.
How to Respond to RFE
Once you receive an RFE, carefully review the evidence requested by USCIS.
After you have gathered the relevant documentation, organize a packet as follows:
- RFE notice on top;
- Cover letter listing all the information you are including in the packet in the same order as listed in the RFE;
- The relevant evidence in the corresponding RFE response.
If you are unsure of how much evidence you need to substantiate a certain issue USCIS lists, the general rule of thumb is the more the better.
However, it is also important to not provide unnecessary or overly-detailed information (such as entire scientific publications for certain employment-based visas, rather than just selected sections illustrating the applicant’s contributions).
Request for Evidence USCIS I-485
If you receive a RFE for Form I-485, Application to Register Permanent Residence or Adjust Status (the form used to apply for a green card), it generally means that you are eligible for a green card but that USCIS needs additional information before approving your application.
Form I-485 is used for both family-based and employment-based green cards, so it is one of the more common RFE types.
Some common examples of requested evidence in Form I-485 applications include:
- Proof of Lawful Entry and Status
- This is requested when USCIS believes there is ambiguity as to the applicant’s legal status and/or entry and exit record. Generally, USCIS will seek a complete I-94 Arrival/Departure Record (which is issued by Customs and Border Patrol whenever a foreign national enters the United States). An I-94 is issued electronically for foreign nationals entering the United States by air or sea, whereas a paper form (known as “I-94A”) is issued for those crossing at land border ports of entry from either Canada or Mexico.
- If you did not include a paper I-94 because it was misplaced or lost, you can obtain a complete electronic I-94 record by visiting the CBP I-94 website.
- If you need to replace a paper I-94A form — which also includes land/sea crossings prior to April 2013 — you will need to file a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document with USCIS.
- Affidavit of Support (Form I-864)
- Most family-based green card applications require the sponsoring relative to submit Form I-864, Affidavit of Support to demonstrate that they earn at least 125% of the federal poverty level. An RFE based on this requirement is generally due to lack of evidence of the sponsor’s income. Such an RFE may generally be responded to by the sponsor providing a copy of their federal tax return or IRS tax transcript for the most recent year, W-2s and 1099 forms for the most recent year, and employment verification letter stating the sponsor’s current income.
- Copy of Essential Documents (Or Valid Alternatives)
- USCIS may issue a request for a required document not yet submitted, or else request further information/authentication of a submitted document.
- Common examples of requested documents include birth certificates, marriage certificates, divorce certificates, criminal records, birth certificate non-availability letters. If such documentation is unavailable, there may be alternatives recognized by USCIS. For example, an RFE requiring the submission of a birth certificate will also usually state that if a birth certificate is not available, secondary evidence of birth such as church, school, medical records and/or “affidavits of birth” may be submitted instead.
USCIS may also seek clarification of a submitted document.
A common such example is a certified translation for non-English documents.
Perhaps your original application contained a copy of your birth certificate, but it did not include an attached certified English translation.
In such a case, resubmit the documents along with a certified translation.
Request for Evidence H-1B
Typical RFEs for an H-1B visa can include:
- Specialty Occupation
- One of the most frequent RFE issues in H-1B petitions arises when USCIS questions whether the job position is specialized enough to require a bachelor’s degree or higher in a specific field related to the job duties. This is especially because many tech-related jobs have various educational pathways, including through certificates that do not require university enrollment. To successfully respond to a specialty occupation RFE, it is essential to demonstrate that the position requires bachelor’s-level expertise in the field of study, and that the applicant holds a degree in this field.
- Wage level
- A Labor Condition Application (LCA) is a document that an employer must file with the U.S. Department of Labor (DOL) when seeking to hire a foreign worker under certain visa categories, including the H-1B visa category. Oftentimes, USCIS will issue an RFE due to an H-1B job offer being a “Level 1 LCA,” which is the lowest LCA category designated for entry-level jobs. In such cases, USCIS will generally either seek to inquire as to why the Level 1 LCA is warranted in the first place, or, alternatively, why such a job would be considered a “specialty occupation” requiring a bachelor’s degree. Responding to such an RFE involves tactics such as providing expert letters from individuals in the field attesting to the substantive work being entry-level (as compared to higher salaried work) and that it requires a bachelor’s in spite of its lower wage.
- Employer/employee relationship
- USCIS sometimes issues an RFE to establish a qualifying employer-employee relationship. The applicant may be asked to substantiate a job offer by, for instance, providing a detailed job offer letter from the employer, providing copies of the employer’s financial information (e.g., permits, licenses, statements); and providing their own qualifications (e.g, educational credentials, publications, licenses, letters of experience from previous employers).
Request for Evidence Form I-130
An RFE for Form I-130, Petition for Alien Relative typically includes proof of a bona fide marriage, proof of a familial relationship, or proof of the petitioner’s U.S. immigration status.
- Evidence of a Bona Fide Marriage
- USCIS will often seek to clarify the bona fides of green cards based on a marriage to screen fraudulent applications. In addition to providing a copy of their marriage certificate, the applicant must demonstrate to USCIS that the marriage was entered into in good faith. This can be evidenced through joint bank account statements, lease agreements, utility bills, proof of joint assets and liabilities. It can also be demonstrated through photographs of you and your spouse together, social media posts, phone calls and text messages exchanged between you and your spouse from various periods of time, and documentation of joint travel. USCIS gives the most weight to evidence demonstrating financial union and joint residence, and so such documentation should be prioritized.
- Evidence of a Familial Relationship
- USCIS may similarly have suspicions that a U.S. citizen or permanent resident petitioning for a qualifying relative is not actually related to that person. Some ways of responding to such an RFE is by providing copies of both parties’ birth certificates. Another example may be clarifying seeming inconsistencies such as differing surnames, such as by providing a court order from a judge approving of a later name change. Finally, DNA testing can be used to substantiate a family relationship when there are no other means to do so.
- Evidence of Petitioner’s U.S. Immigration Status
- USCIS may also request evidence of petitioner’s US citizenship or permanent resident status. An RFE based on such concerns typically arises in cases where the petitioner’s legal status in the U.S. is unclear or incomplete. Alternatively, such evidence may have been submitted but the documents were expired or had name discrepancies. If such evidence has not been submitted with the original application, it should be submitted with the response packet. If such documents are expired, provide evidence of renewal or other proof of your continued legal status (e.g., a copy of a new passport or a copy of the receipt notice for Form I-90, Application to Replace Permanent Resident Card). For name discrepancies, provide relevant documentation such as marriage certificates and/or judge orders. If the petitioner’s green card was subject to a two-year conditional green card that has since expired, provide evidence that you have filed Form I-751, Petition to Remove Conditions on Residence. Any delays should be explained in the RFE response packet.
Request for Evidence Medical Exam (I-693)
Another common example of an RFE is request to provide a sealed original medical exam.
All Adjustment of Status applicants who filed Form I-485 with USCIS must also submit a completed Form I-693, Report of Medical Examination and Vaccination Record signed by a designated civil surgeon.
RFEs based on medical examinations can be issued on this ground for several reasons.
One such instance is if the applicant did not submit the original medical form with the initial green card application.
Alternatively, the medical exam may have errors or have expired. Medical forms are valid for 2 years since the civil surgeon’s signature date.
To access the list of authorized civil surgeons who can perform medical examinations or recertify unexpired ones, see the USCIS’s database here.
Applicants must obtain a new sealed medical form and mail it to the USCIS address indicated in the RFE notice. Obtain a tracking number for your package, so you can verify that USCIS has received your medical form.
What Happens If I Don’t Answer an RFE Letter?
If you don’t answer an RFE, your case will be adjudicated on the merits based on the supporting documents that have been submitted so far.
The probable outcome in this case is a denial of your application or petition, since RFEs indicate a lack of complete evidence required for final determination.
It is essential that an RFE is responded to within the given deadline.
This response should also comprehensively address all information sought by USCIS, since you are typically only given one chance to respond to an RFE.
Can I Receive More than One RFE Letter?
Yes. However, this is up to the discretion of USCIS.
You should assume you only will have one opportunity to respond to the RFE, and your packet should address all the evidence initially requested.
Typically, only one RFE letter is sent.
RFE Cover Letter Template
[Petitioner/Applicant Address]
[Date]
USCIS
Attn: [Issue Discussed In RFE]
USCIS receipt number: [Enter the application receipt number]
A-number: [Enter the petitioner’s/applicant’s A-number]
Applicant/Beneficiary/Petitioner: [Enter the applicant’s, beneficiary’s, or petitioner’s full name]
[USCIS Address Contained In RFE]
Dear USCIS Officer,
In response to your Request for Evidence (RFE), I am submitting the following evidence.
[Insert numbered list of attached evidence in the order listed in the original RFE]
Thank you very much for your assistance in this manner. Should you have any questions, please do not hesitate to contact me at [provide petitioner’s contact information].
Sincerely,
[Petitioner’s/Applicant’s Name]
How to Avoid Receiving an RFE in the First Place?
The best way to avoid receiving an RFE in the first place is to make sure your initial application is comprehensive and includes all required evidence.
A good way to know whether your initial application contains such evidence is to look at the “Instructions” form for a given visa on the USCIS website.
Because the requirements for many visa applications can be quite complicated, it is generally beneficial to seek a free consultation with an immigration lawyer.
Request for Evidence (RFE) FAQs
What does it mean when USCIS requests for evidence?
- Typically, this merely means that USCIS believes you are eligible for the immigration benefit you seeking but needs more information prior to being able to adjudicate the petition or application. You should respond to an RFE by providing the requested evidence before the deadline listed in the USCIS notice.
How long does USCIS take after a Request for Evidence?
- There is no official timeline for RFE adjudication, but typically you can expect a final determination within 60-90 days of your RFE response. Some cases can take longer. Factors such as USCIS personnel shortage, complexity of a case, or prioritization of other applications can further delay wait times. For visa categories that are eligible for premium processing, you can expect adjudication within 15 to 45 days of USCIS receiving your response packet, depending on the visa type.
What are the chances of approval after RFE?
- There is no readily-available data across all visa types that account for RFE approval odds. Typically, however, applications that are subject to RFEs have a lower approval rating than those that are not. For instance, for Fiscal Year 2023, the approval rate for H-1B cases that received an RFE was 79.8% (compared to a 97.8% approval rate for H-1B visas overall). The merits of a petitioner’s individual case and provided RFE response is far more determinative than overall statistics for approval chances, however. A robust RFE response should generally put you back in the running for the visa if you otherwise qualify.
Can I see my RFE online?
- Yes, if your underlying petition was filed through your online USCIS account, then both the RFE notice and RFE response can be managed through the USCIS portal. Simply log in to your USCIS online account and go to the Documents tab to view notices and respond to the RFE.
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