Key Points to Know About H-1B RFEs and NOIDs
- Breaking Update: A new $100,000 fee has been introduced for certain new H-1B petitions. Read our full article to learn about possible exemptions and the most effective strategies to navigate this change.
- An RFE is not a denial. You generally have 60 calendar days after the due date listed on the request to provide your response.
- No applicant is immune from receiving an RFE. Every I-129 filing carries the risk of being issued one.
- An NOID is far more serious. It signals that the USCIS officer evaluating your petition intends to deny it unless convincing evidence is provided.
- Do not panic if you receive an RFE. It does not mean your H-1B case is rejected. Often, USCIS simply requires additional information before making a decision. To ensure the highest chance of approval, it is strongly recommended to have your response reviewed and submitted by an experienced immigration attorney at Green Card Link.
What Is an H-1B Amendment?
An RFE (Request for Evidence) is issued by USCIS when additional proof is required to decide on your H-1B petition. You can confirm whether you have an outstanding RFE by checking the online USCIS case status system or reviewing official mail correspondence.
RFEs can request details regarding either the employer (petitioner) or the employee (beneficiary), as USCIS must verify a valid employer-employee relationship. According to USCIS guidelines, petitioners usually have 84 days to respond, with an additional 3 mailing days for applicants inside the U.S. and 14 mailing days for those outside the country. Your RFE notice will always clearly state the exact deadline.
It is crucial to provide thorough and accurate documentation. Failure to do so may delay your case or result in unfavorable outcomes. Because of the complexity, working with an immigration attorney at Green Card Link can significantly improve your chances of success.
12 Common Reasons for H-1B RFEs
USCIS uses the Validation Instrument for Business Enterprises (VIBE) to verify employer information. Any inconsistencies, such as a change of address, business restructuring, or mismatched records, can trigger an RFE. Employers may then be required to provide details like tax ID numbers, wage reports, lease agreements, financial statements, and more.
Below are the top reasons for H-1B RFEs:
- Specialty Occupation Determination
USCIS requires proof that the position qualifies as a “specialty occupation.” Typically, this means the job requires at least a bachelor’s degree or equivalent experience. Documentation such as job descriptions, industry standards, proposed salary, and expert opinions may be requested. - Unusual Business-Petition Alignment
RFEs often arise when a small business files for a role unrelated to its industry (e.g., a construction company filing for a financial planner). The employer must demonstrate that the position genuinely qualifies as a specialty occupation. - Degree in a Different Field
If the worker’s degree is unrelated to the job duties, USCIS may request additional proof showing how the degree applies. Foreign degrees often require equivalency evaluations or supporting letters from qualified experts. - Employer-Employee Relationship Concerns
USCIS scrutinizes petitions where the employee will work off-site or at a client location. Employers may need to provide contracts, Master Services Agreements, payroll evidence, and proof of supervision authority. - Extension or Change of Status
To qualify, the worker must show proof of maintaining valid nonimmigrant status. Pay stubs, tax filings, or other evidence may be required. - LCA (Labor Condition Application) Issues
Missing or incomplete LCAs almost always result in RFEs. The LCA verifies that the employer is meeting prevailing wage and working condition requirements. - Job Itinerary Problems
RFEs may be issued if the petition lacks a clear itinerary describing job duties, duration, worksite, salary, hours, and supervision details. - Living Too Far from the Worksite
USCIS sometimes questions petitions where the worker’s residence is unusually distant from the work location, requiring a reasonable explanation. - AC21 and Six-Year Limit
Workers nearing the six-year H-1B limit may need to show eligibility for extensions under AC21 provisions (pending or approved labor certification/I-140). Documentation of time spent abroad may also be required. - F-1 OPT or CPT Usage
USCIS carefully examines whether a worker exceeded limits on OPT or CPT. Using these benefits more than once per degree level may trigger an RFE. - In-House Consulting Projects
RFEs are common for IT consulting firms. Employers must prove that the project is legitimate, requires a specialty occupation, and that the worker is not being placed for marginal purposes. - Licensing Requirements
Some professions (e.g., architecture, accounting, engineering) require specific licenses. USCIS may request proof that the worker holds the appropriate credentials.
Additionally, mismatched employer data in the VIBE system often triggers RFEs, especially during company reorganizations.
How to Respond to an H-1B RFE: Best Practices and Approval Trends
Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) can be stressful, but it is not the end of your immigration journey. An RFE simply means USCIS requires additional information to make a decision on your case. Knowing how to respond correctly is critical to improving your chances of approval.
Best Practices for Responding to an H-1B RFE
The first and most important step after receiving an RFE is to immediately share it with an immigration attorney at Green Card Link. RFEs are time-sensitive, and a proper response can make the difference between approval and denial. Here are essential guidelines to follow:
- Read the RFE carefully: Understand every request. If anything is unclear, consult your immigration attorney at Green Card Link for clarification.
- Stay calm: Receiving an RFE is not a denial. It is USCIS’s way of seeking more information before making a decision.
- Answer completely and thoroughly: Provide full responses and supporting documentation. USCIS rarely issues a second RFE if something is missed.
- Verify mailing instructions: Double-check the USCIS mailing address and ensure all required documents are included.
- Submit before the deadline: Do not wait until the last minute. Missing the RFE deadline can result in a denial. If your case is denied, a motion to reopen may be possible, but that process is more complicated and less ideal.
At Green Card Link, its immigration attorneys guide clients through every stage of the RFE response process to ensure accuracy and compliance with USCIS requirements.
H-1B RFE Approval Rates
The good news for petitioners is that approval rates for H-1B petitions, even with RFEs, remain strong. Based on USCIS data:
- FY 2025 (first two quarters): 85.4% of petitions with RFEs were approved.
- FY 2024: Approval rate was 84.9%.
- FY 2023: Approval rate was 81.0%.
These figures reflect steady improvements compared to the historically low approval rate of around 60% in 2018. The peak came in 2021, when approval with RFE responses reached 86.5%.
Each new petition, extension, or transfer requires an I-129 filing with USCIS, and every filing can trigger an RFE. Trends may fluctuate depending on administration policies, but strong preparation increases your likelihood of success.
H-1B Approval Rates 2021–2025
Fiscal Year | H-1B Approval Rate | RFE Rate | Approval with RFE |
2025* | 97.8% | 9.0% | 85.4% |
2024 | 98% | 8.2% | 84.9% |
2023 | 97.2% | 9.9% | 81.0% |
2022 | 98% | 9.6% | 85.5% |
2021 | 97.3% | 16.2% | 86.5% |
*FY 2025 data is preliminary and may change when the fiscal year concludes.
(Source: USCIS, National Foundation for American Policy, H-1B Employer Data Hub)
RFE vs. NOID: What’s the Difference?
It’s important to distinguish between an RFE and a Notice of Intent to Deny (NOID):
- RFE: Typically issued when USCIS needs additional documentation or clarification (e.g., missing documents or incomplete evidence).
- NOID: Much more serious—indicating USCIS intends to deny your petition unless you can overcome fundamental concerns.
Both require a detailed response, but the timeline differs: RFEs usually allow up to 84 days, while NOIDs allow only 30 days to respond.
Who Can Respond to an RFE?
Only the petitioning employer can formally respond to an H-1B RFE. Beneficiaries (employees) cannot submit a response themselves, just as they cannot sign an H-1B petition. However, employees can track their case status online using the receipt number provided by USCIS.
RFE Response Deadlines
- RFEs: 84 days, plus mailing time (3 days if in the U.S., 14 days if abroad).
- NOIDs/NOIRs: 30 days, plus mailing time.
- Motions (Form I-290B): Must be filed within 30 days of a denial decision.
Timely submission is critical. Missing the deadline almost always results in denial.
Probability of Receiving an H-1B RFE
The chances of receiving an RFE vary depending on the strength of the petition, the type of position, and USCIS’s adjudication trends. Even employees with years in H-1B status are not immune. Each I-129 filing carries the possibility of an RFE. Because of this, many employers and employees rely on immigration attorneys at Green Card Link to prepare petitions carefully and respond to RFEs effectively.
Consult With an H-1B Immigration Attorney
If you or your employer has received an RFE for an H-1B petition, swift and professional action is key. At Green Card Link, its immigration attorneys have extensive experience in preparing successful RFE responses and guiding employers and employees toward favorable outcomes.
Schedule a consultation with Green Card Link today to increase your chances of approval and ensure your immigration journey stays on track.