Request for Evidence (RFE)
A notice from USCIS asking for additional documentation to support an H-1B petition, common for cases where specialty occupation, qualifications, or wage level are questioned.
How It Works
An RFE is not a denial, it's a request for more information. USCIS issues RFEs when the initial petition doesn't clearly establish eligibility. Common RFE topics include: proving the position qualifies as a specialty occupation, demonstrating the beneficiary's qualifications, justifying the wage level, and clarifying the employer-employee relationship (especially for staffing companies). Employers typically have 60-84 days to respond. A well-prepared response with strong supporting documentation can overcome most RFEs. RFE rates have fluctuated significantly across administrations.
Related Terms
- H-1B Visa, A nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional workers.
- Specialty Occupation, A job that requires the theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's degree in a specific field, the threshold for H-1B eligibility.
- Premium Processing, An optional expedited service where USCIS guarantees to process an H-1B petition within 15 business days, in exchange for an additional $2,805 fee.
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About This Definition
This definition is part of the H1BVisaTracker H-1B Visa Glossary, 26 terms explaining H-1B sponsorship, work visas, and employment-based immigration in the United States. Written for international workers, employers, and immigration professionals.