What is a Request for Evidence (RFE)?

If U.S. Citizenship and Immigration Services (USCIS) does not believe it has enough information to adjudicate an application, it will send the applicant a Request For additional Evidence (RFE). RFEs come in many different shapes and sizes: some are good, some are bad, and some are ugly.

Clearly, it is preferable for an application to be approved rather than receive an RFE, so no RFE is truly “good.” Some RFEs are better than others, however. For example, if an RFE identifies a specific piece of evidence or information that is lacking, this is “good” in the sense that it informs the applicant of what the deficiency is, thereby enabling him/her to address it. Once the applicant has submitted the missing item, assuming there are no other issues, the application will be approved.

A “bad” RFE is one that raises one or more substantive issues with an application, and which gives examples of why the evidence already submitted is not sufficient. Such an RFE might be issued, for example, where USCIS is unsure whether an O-1A applicant is sufficiently accomplished to be an “alien of extraordinary ability” or whether an intracompany transferee possesses “specialized knowledge” as defined in the regulations. Although a bad RFE does not necessarily mean an application will be denied, it does mean the applicant will need to work hard to identify and gather new, persuasive evidence that overcomes the concerns of USCIS.

Due to the large number of applications received by USCIS, and the frequency with which RFEs are issued, most RFEs contain boilerplate language. Where this boilerplate language is not tailored to the specific case, does not highlight deficiencies with the initial evidence, and/or makes evidentiary requests that seem confusing or irrelevant, such an RFE can be described as “ugly.” Ugly RFEs are challenging because the applicant must reply without fully understanding how or why the initial evidence submitted was insufficient. Like other RFEs, ugly RFEs can be overcome, but represent a unique type of challenge.

Not all RFEs are created equal. Understanding what kind of RFE has been issued is a good first step to planning an appropriate response.

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Note: The information in this post is general in nature, does not represent legal advice, and should not be relied on to determine immigration strategy and/or prepare an immigration application for a U.S. government agency. Immigration law is a rapidly changing field and each case has its own facts that will determine the appropriate strategy.