An RFE (Request for Evidence) is not a denial. It is a request from USCIS asking for more information or clearer proof before making a decision. How you respond can determine whether a petition is approved, delayed, or denied.
According to USCIS data and immigration industry studies, RFEs are issued in a significant percentage of employment-based petitions, often due to missing evidence, unclear explanations, or inconsistencies across documents. A well-prepared RFE response can substantially improve approval outcomes.
This blog explains five critical things every immigration attorney should know about RFE responses, using clear, practical guidance.
1. RFEs Are Often About Clarity, Not Eligibility
Most RFEs are not issued because the beneficiary is ineligible.
They are issued because USCIS could not clearly confirm eligibility based on the initial filing.
Common RFE triggers include:
- Missing supporting documents
- Inconsistent information across forms and letters
- Job descriptions that are too brief or generic
- Evidence that exists but was not clearly explained
Industry research shows that a large portion of RFEs relate to documentation quality rather than substantive ineligibility. This means the case often can be approved if the response clearly addresses USCIS concerns.
Key takeaway:
An RFE is usually a documentation problem, not a legal failure.
2. Every RFE Must Be Read Line by Line, No Assumptions
USCIS RFEs are highly specific. Each question or request must be answered exactly as written.
Best practices for reviewing an RFE:
- Read the entire notice multiple times
- Break it into individual questions or requests
- Identify the evidence USCIS is asking for—not what you think they need
A common mistake is submitting:
- Too much unrelated information
- Evidence that does not directly answer the question
- A general explanation instead of targeted proof
USCIS officers are instructed to adjudicate based on what is submitted, not what may exist elsewhere.
Key takeaway:
Only respond to what USCIS asks for, but respond completely.
3. Evidence Must Match the Narrative Exactly
Inconsistencies are one of the fastest ways to weaken an RFE response.
USCIS often compares:
- Forms
- Employer letters
- Beneficiary documents
- Prior filings
If details do not align, credibility can be questioned.
Common inconsistency issues include:
- Job titles that differ across documents
- Employment dates that do not match
- Degree details that are unclear or incomplete
- Wage or work location differences
Studies in legal operations show that manual document review frequently misses small mismatches, especially in large petition files. These small issues often lead to follow-up RFEs or denials.
Best practice checklist:
- Confirm names, dates, and titles match everywhere
- Ensure job duties are consistent across letters and forms
- Verify documents support the exact claims made
Key takeaway:
Evidence and explanation must tell the same story, word for word.
4. Organization and Presentation Matter More Than You Think
USCIS officers review large volumes of cases under time pressure. A clear, well-organized RFE response makes it easier for them to approve the petition.
Effective RFE responses typically include:
- A clear cover letter referencing each RFE point
- Numbered sections matching USCIS questions
- Concise explanations before supporting evidence
- Proper labeling of exhibits
Poor organization can result in:
- USCIS missing key evidence
- Requests being marked as not addressed
- Additional delays or denials
Legal process research shows that structured submissions improve review efficiency and reduce misinterpretation, especially in evidence-heavy filings.
Simple structure works best:
- Restate the RFE question
- Provide a direct answer
- Attach clearly labeled evidence
Key takeaway:
A strong response is not just accurate, it is easy to review.
5. Timing and Completeness Are Critical
RFE deadlines are firm. Missing the deadline almost always results in denial.
Important timing facts:
- USCIS does not accept partial RFE responses
- All requested evidence must be submitted together
- Late responses are typically rejected automatically
According to USCIS processing guidance, even strong cases can be denied if RFE responses are incomplete or late.
Best practices to manage timing:
- Start preparing the response immediately
- Identify hard-to-obtain documents early
- Build in time for review and corrections
Technology-assisted review tools like Imagility can help attorneys:
- Identify missing items faster
- Reduce rework
- Avoid last-minute errors
Key takeaway:
A complete and timely response is just as important as the evidence itself.
How Technology Can Support Better RFE Responses
While attorneys remain fully responsible for legal strategy, modern tools like Imagility can assist by:
- Checking consistency across documents
- Flagging missing or expired evidence
- Highlighting unclear or unsupported claims
- Reducing repetitive review work
Legal workflow studies estimate that attorneys spend up to 40 percent of their time on repetitive review tasks. Automating early checks allows attorneys to focus more on strategy and argument quality.
Quick Checklist: Strong RFE Response
✔ Read every RFE request carefully
✔ Answer each question directly
✔ Align evidence with explanations
✔ Ensure consistency across all documents
✔ Organize the response clearly
✔ Submit everything before the deadline
Final Thoughts
An RFE is a critical moment in the life of an immigration petition. It is an opportunity to clarify, strengthen, and complete the record, not a signal that the case is lost.
By understanding why RFEs are issued, responding with precision, and presenting evidence clearly, immigration attorneys can significantly improve approval outcomes. With the right process and tools in place, RFE responses can become a manageable and predictable part of immigration practice rather than a disruptive setback.
