H-1B RFE (Request for Evidence): How to Respond

What is an RFE?

A Request for Evidence (RFE) is a notice from USCIS asking for additional documentation to support your H-1B petition. Receiving an RFE does not mean denial.

Common RFE Reasons

1. Specialty Occupation

USCIS may question whether the position requires a bachelor's degree. Include:

• Detailed job description
• Industry job postings requiring degrees
• Letters from industry experts

2. Beneficiary Qualifications

USCIS may question your education or experience. Include:

• Education evaluation (if foreign degree)
• Detailed experience letters
• Course descriptions

3. Employer-Employee Relationship

Common for consulting/IT staffing companies. Include:

• Organizational chart
• Supervision details
• Right to control work

4. Wage Level Issues

USCIS may question the prevailing wage. Include:

• Detailed job requirements
• Industry salary surveys
• Comparable positions at the company

How to Respond

1. **Read the RFE carefully** - understand what is being asked

2. **Gather documentation** - collect all requested evidence

3. **Get expert help** - work with an immigration attorney

4. **Submit before deadline** - typically 87 days from the RFE date

5. **Organize clearly** - label and index all documents

RFE Response Timeline

• USCIS must respond within 60 days of receiving your RFE response
• Premium processing: 15 calendar days
• Regular processing: 60-90 days