H-1B RFE Guide 2026: How to Respond to a Request for Evidence

A Request for Evidence (RFE) on your H-1B petition is not a denial—it’s an opportunity to strengthen your case. However, the reality is that RFE rates have been climbing steadily, reaching approximately 23% of all H-1B petitions in fiscal year 2025. This represents a significant increase from just 15.2% in FY 2023, signaling that USCIS adjudication standards have become more stringent. Understanding what an RFE means, why you received one, and how to respond effectively is critical to securing your H-1B approval.

An RFE is a formal notice issued by the U.S. Citizenship and Immigration Services (USCIS) when an adjudication officer determines that your initial H-1B petition (Form I-129) lacks sufficient evidence to make an approval decision. The notice specifies exactly what additional documentation or clarification is needed. Receiving an RFE is common—in fact, most petitioners who respond thoroughly and strategically still receive approval, with approval rates hovering around 63% for RFE responses in recent years.

This comprehensive guide walks you through every aspect of the H-1B RFE process: what triggers an RFE, how to interpret your RFE notice, what documents to submit, how to meet tight response deadlines, and what happens next. Whether this is your first RFE or a subsequent one, you’ll find actionable strategies to maximize your chances of approval. Let’s dive into the data and best practices for 2026.

What Is an H-1B Request for Evidence (RFE)?

An H-1B Request for Evidence is a formal notice issued by USCIS to the petitioning employer when an adjudication officer identifies gaps or inconsistencies in your H-1B petition (Form I-129). The RFE is authorized under 8 CFR 103.2(b)(8), which gives USCIS the authority to request additional evidence before issuing a final decision on any immigration petition. The notice specifies exactly what additional documentation, clarification, or information is required to support your petition for specialty occupation employment.

It is essential to understand that an RFE is not a denial. Many petitioners mistakenly believe that receiving an RFE means their petition will be denied, but this is incorrect. An RFE is simply an intermediary step in the adjudication process. The USCIS adjudication officer has not yet made a final decision—they have identified areas where more evidence or clarification would help them make a proper determination. This is actually your opportunity to address the officer’s concerns directly and strengthen your petition.

The typical RFE process follows these steps: First, a USCIS adjudication officer reviews your petition and initial supporting documentation. Second, if the officer identifies insufficient evidence to approve your petition, they prepare an RFE notice detailing the specific gaps or concerns. Third, USCIS issues the RFE and provides you with a deadline (typically 60 to 87 days) to respond. Fourth, you gather additional evidence and submit your response. Finally, USCIS reviews your response and issues a final decision—either approval (Form I-797 Notice of Action) or a denial (with reasons cited).

The legal framework governing RFEs is found in 8 CFR 103.2(b)(8), which states that “an officer may require such additional evidence or a statement from the applicant or petitioner as deemed necessary to properly adjudicate an application or petition.” This regulation gives USCIS broad authority to request any information they deem necessary, and petitioners have a legal obligation to respond within the deadline specified in the RFE notice. Additionally, the USCIS Policy Manual provides guidance on RFE standards and procedures.

Your H-1B RFE response is your chance to provide the evidence that will convince the adjudication officer to approve your petition. The key is responding comprehensively—address every single question or request raised in the RFE, provide clear and supporting documentation, and explain how your petition meets all H-1B requirements. For more context on the types of RFEs that are most commonly issued, see our article on top reasons USCIS issued RFEs for H-1B petitions.

Common Reasons USCIS Issues H-1B RFEs

USCIS issues RFEs for a variety of reasons, but they typically fall into five major categories. Understanding what triggers an RFE is important because it allows you to be more strategic in your initial H-1B filing and to respond more effectively if you do receive an RFE. The most frequently cited RFE reasons involve challenges to the “specialty occupation” nature of the position, concerns about the employer-employee relationship, questions about the beneficiary’s qualifications, discrepancies between the Labor Condition Application (LCA) and the actual job offer, and insufficient supporting documentation generally.

Each of these reasons reflects specific USCIS concerns and requires targeted evidence to address. Below, we’ll explore each category in detail and highlight the types of documentation that best respond to these concerns.

Specialty Occupation Issues

The most common RFE issued for H-1B petitions relates to whether the position qualifies as a “specialty occupation.” According to 8 CFR 214.2(h)(4)(ii), a specialty occupation is defined as requiring a bachelor’s degree or higher in a specific field directly related to the job duties. USCIS frequently questions whether the degree requirement in the job description is truly necessary or merely a preference. The agency also scrutinizes the “direct relation” between the beneficiary’s degree and the actual duties performed. Many positions listed as specialty occupations by employers may not meet the statutory definition when closely examined.

Employer-Employee Relationship Concerns

USCIS must verify that a true employer-employee relationship exists between the petitioner and the beneficiary. This means the employer must have the right to control the work and the manner in which it is performed. RFEs are issued when USCIS suspects the beneficiary may be working as an independent contractor, working on a temporary staffing assignment without proper control, or working through a labor broker arrangement. Documentation of employment terms, control mechanisms, and the employer’s supervision is critical to resolving this concern.

Beneficiary Qualifications

USCIS scrutinizes whether the H-1B beneficiary actually possesses the qualifications claimed in the petition. Common concerns include whether the beneficiary’s education truly matches the degree requirements stated in the LCA, whether any claimed work experience is actually documented, and whether the combination of education and experience is sufficient for the role. The beneficiary’s resume must align precisely with the job description and educational requirements stated in the petition.

Wage Level and LCA Discrepancies

The Labor Condition Application (LCA) is a critical document in every H-1B petition. USCIS compares the wage level promised in the LCA against the job description, the beneficiary’s qualifications, and prevailing wages for similar positions in the geographic area. Discrepancies between the stated wage, the job responsibilities, and prevailing wage data commonly trigger RFEs. Employers sometimes file with an inadequate wage level, hoping to pay less than the established prevailing wage.

Insufficient Supporting Documentation

Finally, RFEs are issued when the initial H-1B petition lacks sufficient supporting evidence. This might include missing educational transcripts, incomplete work history documentation, lack of company business evidence (such as contracts, organizational charts, or financial statements), or insufficient detail in the letter of support from the employer. Many employers file H-1B petitions with the bare minimum documentation, which increases the likelihood of an RFE.

For deeper analysis on why USCIS has been issuing more RFEs in specific categories, consult our article on common reasons for a second H-1B RFE. Additionally, the USCIS website has comprehensive guidance on H-1B specialty occupations and what qualifies.

H-1B RFE Rates and Statistics in 2025-2026

H-1B RFE rates have fluctuated significantly over the past six fiscal years, reflecting changes in USCIS policy, staffing levels, adjudication standards, and overall application volume. Understanding the historical trend is important because it shows that RFE rates are not static—they rise and fall based on agency priorities and leadership directives. In fiscal year 2019, USCIS issued RFEs on a remarkable 40.2% of all H-1B petitions, which represented a high-water mark for RFE activity. However, subsequent years saw declining rates as the adjudication backlog was addressed and processing standards stabilized.

The most recent data, however, shows a concerning trend reversal. After hitting a low of 15.2% in FY 2023, RFE rates climbed to 19.7% in FY 2024 and are estimated at approximately 23% for FY 2025—the highest rate in three years. This uptick reflects stricter USCIS adjudication policies under current agency leadership and renewed scrutiny of the specialty occupation determination, employer-employee relationships, and wage levels. Below is a comprehensive table showing RFE rates, approval rates after RFE, and denial rates by fiscal year.

The data reveals several important patterns. First, RFE rates inversely correlate with approval rates after RFE. When RFE rates are higher (as in FY 2019, 2020, and 2021), the approval rate after RFE response is lower. This suggests that stricter initial adjudication may identify cases with fundamental issues that are difficult to resolve through an RFE response. Second, the overall approval rate (regardless of RFE) remains strong, ranging from 87% to 96% across all fiscal years. This confirms that even with rising RFE rates, most H-1B petitions are ultimately approved.

However, the FY 2025 projection—with an estimated 23% RFE rate and only a 63% approval rate after RFE—is particularly noteworthy. This combination suggests that USCIS is taking a more demanding approach to RFE responses. It is no longer sufficient to provide minimal additional documentation; petitioners must provide comprehensive, well-organized, and clearly explained evidence that directly addresses every concern raised by the adjudication officer.

For official USCIS statistics and historical data on H-1B processing, visit USCIS Reports and Studies.

How to Read Your H-1B RFE Notice

When you receive your H-1B RFE notice in the mail or through your USCIS online account (if you filed with e-filing), the document can appear overwhelming at first glance. RFE notices are typically 5 to 15 pages long and include multiple sections, each serving a specific purpose. Understanding the structure of the RFE notice is the first step to crafting an effective response. Let’s break down the anatomy of an H-1B RFE letter and explain what each section means and how to use it to guide your response.

When organizing your RFE response, create a document index that maps each item requested in the RFE to the documents you are submitting. For example, if USCIS requests “evidence of the beneficiary’s bachelor’s degree in computer science,” number that request (e.g., “Request #1”) and clearly label your response and supporting documents accordingly. This organization makes it easy for the adjudication officer to verify that you have addressed every concern.

One final tip: if the RFE requests documents that do not exist or cannot be obtained (for example, if a previous employer is no longer in business and cannot provide verification), do not simply omit that item from your response. Instead, explain in your response why the document cannot be obtained and provide alternative evidence that addresses the underlying concern. For instance, if you cannot obtain prior employment verification, offer an affidavit from the beneficiary detailing the employment and corroborating documentation such as tax returns, bank statements, or reference letters from colleagues.

Step-by-Step Guide to Responding to an H-1B RFE

Responding to an H-1B Request for Evidence requires a methodical, organized approach. The process involves careful review of what USCIS is asking for, strategic planning with an immigration attorney, and assembly of comprehensive supporting documentation. Understanding each step will help you avoid common mistakes that lead to RFE denials.

The following six-step process outlines the essential actions you must take when responding to an H-1B RFE. Each step is critical to building a strong response package that addresses USCIS concerns and maximizes your chances of approval. Timeline management is crucial, as you typically have 60 to 87 days from the date on the RFE notice to submit your complete response.

Following these six steps systematically will significantly improve your chances of a successful RFE response. The key is thoroughness, organization, and addressing each USCIS concern with specific, persuasive evidence. Many H-1B petitions are approved after RFE responses when applicants take the time to respond properly and completely.

Evidence and Documents to Include in Your RFE Response

The specific documents and evidence you need to include in your RFE response depend entirely on what USCIS is questioning about your H-1B petition. Different types of RFEs require different supporting materials. Understanding which documents are most persuasive for each category of RFE will help you build the strongest possible case.

For Specialty Occupation RFEs

When USCIS questions whether your position qualifies as a specialty occupation, you must provide evidence that the role requires a bachelor’s degree or higher as a minimum entry requirement. Expert opinion letters from professors, industry professionals, or consultants in your specific field are among the most powerful evidence for specialty occupation RFEs. Include the detailed job description that explains the actual duties, required experience level, and educational prerequisites. Cite relevant pages from the Bureau of Labor Statistics Occupational Outlook Handbook that support your position. Provide job postings from other companies for similar positions that demonstrate the standard educational requirements in the industry.

For Employer-Employee Relationship RFEs

Employer-employee relationship RFEs require evidence demonstrating that your company has sufficient control over the beneficiary’s work. Include an organizational chart showing the beneficiary’s position in your company hierarchy and their direct supervisor. Provide copies of your Master Service Agreement or Statement of Work with the end-client that defines the scope of work and your company’s role. Document evidence of your company’s right to control including detailed project assignments, performance review procedures, and work approval processes. Include correspondence showing your company assigning work, providing feedback, and overseeing the beneficiary’s performance directly.

For Beneficiary Qualification RFEs

When USCIS questions whether the beneficiary meets the educational requirements for the position, submit a formal degree equivalency evaluation from a NACES-approved evaluator. Include official transcripts from the beneficiary’s foreign educational institution. Provide a detailed course-by-course analysis showing how the beneficiary’s education matches or exceeds U.S. degree requirements. Include evidence of any additional certifications, training, or relevant work experience that supplements the educational background.

For more detailed information about H-1B petition requirements and supporting documentation, visit the USCIS I-129 petition page. Document organization is as important as the documents themselves. Label everything clearly and maintain consistent reference numbers throughout your response package so the USCIS officer can easily cross-reference your cover letter with your exhibits.

H-1B RFE Response Deadlines and Processing Times

Understanding the timeline for responding to an H-1B RFE is critical because late responses are almost always rejected by USCIS. The deadline is not flexible, and there are generally no extensions available for RFE responses. Knowing exactly how much time you have and how to calculate the deadline will help you avoid catastrophic mistakes that result in petition denial.

The H-1B RFE response process involves multiple stages from initial receipt through USCIS’s final decision. Each stage has specific timeframes that affect your overall timeline. Factoring in realistic mail delivery times and processing delays is essential for submitting your response well before the deadline.

Submitting your response early provides several advantages beyond simply meeting the deadline. Early submission gives USCIS time to review your materials thoroughly and may result in a decision before your service center’s processing backlog increases. It also demonstrates your serious commitment to the case and your attention to detail as an applicant.

What Happens If Your H-1B RFE Response Is Denied?

Understanding the difference between an RFE denial, a Notice of Intent to Deny (NOID), and a final denial is important because each has different implications and requires different actions. Not all negative responses are final decisions. Some provide additional opportunities to respond, while others close the door on your petition unless you appeal or refile.

If USCIS denies your H-1B petition after reviewing your RFE response, the situation becomes more serious and complex. You have limited options at that point, and the timeline for action becomes critical. Understanding your post-denial remedies will help you make informed decisions about whether to pursue an appeal, file a motion, or submit a new petition.

After your H-1B petition is denied following an RFE response, you have four primary options to pursue your case. The best option depends on your specific situation, the reasons for denial, and whether you have new evidence or legal arguments that weren’t presented in your RFE response. Each option has different costs, timelines, and success rates.

Option 1: File a Motion to Reopen (MTR) is available if you have newly discovered evidence that was not available when you submitted your RFE response. This motion must be filed within 30 days of the denial notice. The new evidence must be material and directly address the reasons for denial. An MTR is generally less expensive than filing an appeal but requires that the new evidence be genuinely new and not previously available.

Option 2: File a Motion to Reconsider is available if USCIS misapplied the law or made a clear error in its decision. This motion argues that the denial was incorrect based on the evidence and legal standards that already exist in your case file. A motion to reconsider does not involve new evidence but instead challenges the officer’s legal analysis and interpretation. This option may be appropriate if USCIS misunderstood facts in your case or failed to apply relevant precedent.

Option 3: Appeal to the Administrative Appeals Office (AAO) is the formal appeal process available through USCIS. You have 30 days from the denial notice to file an appeal. The AAO reviews your case to determine whether the original denial was correct. Appeals are more expensive than motions and have lower success rates, but they provide a formal review mechanism. The AAO can also provide valuable written decisions explaining the legal standards that apply to your case.

Option 4: Refile a New H-1B Petition means starting the process over from the beginning with a fresh petition. This option is often strategic if your situation has changed significantly or if you have substantially strengthened your case with new evidence, expertise, or documentation. Refiling allows you to address the original concerns from scratch rather than litigating the previous denial. Some employers choose this route if the petition year timing allows for a new fiscal year filing.

The decision between appealing a denial and refiling a new petition should be made in consultation with your immigration attorney based on the specific reasons for denial, the strength of potential new evidence, and the timing constraints of your employment situation. Each option involves different costs and has different probabilities of success. Taking prompt action and seeking qualified legal counsel immediately after a denial gives you the best chance of ultimately obtaining H-1B approval.

How to Prevent H-1B RFEs Before Filing

The most effective RFE strategy is prevention through meticulous upfront preparation. Most H-1B RFEs stem from incomplete initial petitions, vague job descriptions, or inadequate supporting documentation. By addressing potential USCIS concerns before filing, you significantly reduce your RFE risk and accelerate your case timeline. A well-prepared petition demonstrates that you understand USCIS requirements and strengthens your overall application credibility.

Should You Hire an Immigration Attorney for an RFE?

Whether to hire an immigration attorney for your H-1B RFE response depends on the RFE type, your comfort with legal writing, and the stakes of your case. Simple RFEs requesting missing documents or clarifications may not require an attorney, but complex RFEs involving specialty occupation, employer-employee relationship disputes, or beneficiary qualifications almost always benefit from professional representation. An attorney understands USCIS adjudication standards and can craft legally persuasive responses that address USCIS concerns directly.

The cost of hiring an immigration attorney ($2,000 to $5,000) is modest compared to the consequences of an H-1B denial. A denial forces you to leave the country, terminate employment, and wait before reapplying. For applicants on tight timelines or facing deportation risk, professional representation is the prudent choice. Even for experienced professionals, immigration law contains nuances that attorney expertise clarifies.

H-1B RFE Frequently Asked Questions

The following answers address the most common questions about H-1B RFEs, timelines, approval rates, and response strategies. Use these answers to understand your rights, responsibilities, and options when responding to a USCIS request for evidence.

Q1: What is an H-1B Request for Evidence (RFE)?

An H-1B Request for Evidence (RFE) is a formal notice from USCIS asking the petitioner to submit additional documentation or information before a decision can be made on the H-1B petition. RFEs are issued when USCIS determines that the initial filing does not contain sufficient evidence to approve or deny the petition. The RFE specifies exactly what evidence is needed and provides a deadline for response, typically 60 to 87 days. Receiving an RFE does not mean your case will be denied — it simply means USCIS needs more information to make a final adjudication decision. Many petitioners successfully respond to RFEs and receive approval after providing the requested evidence.

Q2: What are the most common reasons for an H-1B RFE?

The most common reasons include specialty occupation issues (USCIS questioning whether the job truly requires a specific bachelor’s degree), employer-employee relationship concerns (especially for staffing or consulting companies), beneficiary qualification problems (degree field of study mismatch or missing credential evaluation), wage level discrepancies (LCA wage level not matching actual job duties or complexity), and insufficient supporting documentation in the initial filing. Other frequent triggers include vague job descriptions, missing expert opinion letters for borderline roles, inadequate evidence of the employer-employee relationship for third-party placements, and incomplete organizational documentation. Understanding these triggers helps you prepare preventive measures in future filings.

Q3: How long do I have to respond to an H-1B RFE?

USCIS typically provides 60 to 87 days from the date printed on the RFE notice to submit your response. This deadline runs from the date on the notice, NOT from when you receive it in the mail. Since mail delivery can take 5 to 7 days, your actual working time is reduced to roughly 53 to 82 days. There are generally no extensions available for RFE responses, so plan to submit your response at least 7 to 10 days before the deadline. Missing the deadline results in automatic denial based on the existing record. Track your case online at uscis.gov to confirm receipt and monitor processing status.

Q4: What are the chances of H-1B approval after an RFE?

Based on USCIS historical data, the approval rate after an H-1B RFE varies by fiscal year and service center. In recent years, the approval rate after RFE has ranged from approximately 63% to 74% depending on the service center and RFE type. The success rate depends heavily on the quality and completeness of your RFE response, the type of RFE issued, and whether all requested evidence is provided in a single comprehensive package. Petitions with complete, well-organized responses from experienced immigration attorneys typically achieve higher approval rates. Simple documentation RFEs have higher approval rates than complex legal RFEs involving specialty occupation or employer-employee relationship disputes.

Q5: Is an RFE a good sign or bad sign for my H-1B case?

An RFE is neither inherently good nor bad — it means USCIS needs more information before making a final decision. While no one wants to receive an RFE because it delays processing and creates uncertainty, it’s actually better than receiving a direct denial or a Notice of Intent to Deny (NOID). An RFE gives you the opportunity to strengthen your case with additional evidence, expert opinions, and legal arguments that address USCIS concerns directly. Many petitioners successfully respond to RFEs and receive approval. Think of an RFE as USCIS extending an invitation to provide missing information, rather than a predetermined rejection.

Q6: Can USCIS deny my H-1B without issuing an RFE first?

Yes, USCIS can deny an H-1B petition without first issuing an RFE. Under the 2018 “Buy American and Hire American” executive order guidance, USCIS adjudicators were given more discretion to deny petitions outright when they determine the petition does not establish eligibility. However, if there is any evidence that could potentially overcome the deficiency, USCIS generally should issue an RFE before denial. Direct denials without RFE are more common when the petition has fundamental eligibility issues, such as the position clearly not qualifying as a specialty occupation, or the beneficiary lacking a required degree. If you receive a direct denial, you can file an appeal or a new petition in the following fiscal year.

Q7: What is the difference between an RFE and a NOID?

An RFE (Request for Evidence) asks for additional documentation to help USCIS make a decision, while a NOID (Notice of Intent to Deny) indicates that USCIS has already determined the petition should be denied but is giving you one final opportunity to respond with evidence or legal arguments to overcome the denial. A NOID is more serious than an RFE and typically requires a stronger, more legally-focused response that directly addresses USCIS’s stated reasons for the intended denial. NOID response deadlines are usually shorter — 30 days compared to 60 to 87 days for RFEs. If your NOID response is unsuccessful, USCIS will issue a final denial notice, which you can appeal to the Administrative Appeals Office (AAO).

Q8: How long does USCIS take to make a decision after RFE response?

For regular processing cases, USCIS typically takes 60 to 90 days to issue a decision after receiving an RFE response, though this can vary significantly based on the service center, case volume, and complexity of the RFE. Some cases are decided faster if the response clearly addresses all RFE items, while others take longer if additional adjudication is needed. If premium processing is active (or was upgraded after the RFE), USCIS must issue a decision within 15 business days of receiving the RFE response. You can track your case status online at uscis.gov using your receipt number. After submitting your response, allow at least 10 days for the USCIS mail room to process and route your documents to the adjudicating officer.

Q9: Should I hire an attorney to respond to my H-1B RFE?

It depends on the complexity of the RFE and your comfort with immigration law. For simple documentation requests (missing forms, pay stubs, I-94 records, or maintenance of status evidence), you may be able to respond on your own if you carefully address each RFE item. However, for complex RFEs involving specialty occupation, employer-employee relationship, beneficiary qualifications, or wage level disputes, hiring an experienced immigration attorney is strongly recommended. Attorneys understand USCIS legal standards and can craft responses that directly address officer concerns. The cost typically ranges from $2,000 to $5,000, which is modest compared to the consequences of a denial and worth the investment if your status depends on approval.

Q10: Can I request more time to respond to an H-1B RFE?

Generally, no. USCIS does not grant extensions for RFE responses. The deadline printed on the RFE notice is final and firm. If you fail to respond by the deadline, USCIS will make a decision based on the evidence already in the record, which often results in denial. In extremely rare cases involving extraordinary circumstances (such as a natural disaster, death in the family, or serious hospitalization), USCIS may exercise discretion and grant a brief extension, but this should not be relied upon. Plan your response timeline assuming no extensions will be granted. If you are approaching the deadline and realize you need more time, contact your immigration attorney immediately to discuss options.

Key Takeaways for Your H-1B RFE Response

An H-1B RFE is not a denial — it’s your opportunity to strengthen your case with additional evidence, expert opinions, and legal arguments. Focus on addressing every item in the RFE clearly and comprehensively, submit all evidence in a single organized package, and meet the deadline with time to spare. With a well-prepared response, the majority of H-1B RFE cases result in approval, especially when handled by experienced immigration attorneys who understand USCIS standards. For the latest updates on H-1B visa processing, RFE trends, and policy changes, keep checking VisaVerge.com.

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