What is H1B Visa RFE (Request for Evidence) ?

If you file a H1B petition with USCIS, the odds of it getting approved without any questions or issues from USCIS are not 100%. There are many cases, where USCIS will need more information or your employer would have missed some information and that would require inputs from your employer.  That’s when RFE comes into the picture.

What is H1B RFE ( Request for Evidence ) ?

In general, RFE is a status that is set by USCIS, when they need more information from your employer regarding your petition. If USCIS does not find all the information or is not convinced with all the information in your H1B petition package, then they will issue a notice called “Request for Evidence”, which is commonly called as RFE.  Usually the employer will get the RFE notice from USCIS indicating what they need from them on the case.

Why RFE will be issued for H1B Visa ?

RFEs can be issues for a variety of reasons such as missing copy of certain document, it could be related to missing certificates of education, could be missing client letters, etc.  There is no hard fast rule why USCIS would issue an RFE. Usually, it is the first step, when USCIS believes that it needs more information on the petition to make a decision.

If you file a petition under premium processing and your case gets an RFE, then the 15 day calendar clock stops and it will only start once the employer sends the required information.  They will again re-start the 15 days clock once they receive all the documents requested by USCIS.  RFEs are not always a reason for getting a denial, they are always a sign to get more clarification on the petition that was filed by your employer, so there is nothing to worry by looking at the RFE thinking that your petition will be denied as it got an RFE.  Usually, when an RFE is given, there is a certain time that USCIS will give for the employer to respond back with the requested details..It is your employer’s responsibility to respond to that within that time frame.

What has been your experience on H1Bs with RFE ?

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