EB-1 Request for Evidence (RFE)
Navigating the employment-based immigration process for an EB-1 visa can feel overwhelming. This visa category is specifically designed for individuals who have demonstrated extraordinary ability, so proving that you belong among the top experts in your field is no small feat. To complicate matters further, the United States Citizenship and Immigration Services (USCIS) may issue a Request for Evidence (RFE), asking you to provide additional documentation to support your case. Understanding how to respond effectively can make the difference between approval and denial.
Guidance for Your Immigration Journey
At Green Card Link, its immigration attorneys are dedicated to helping clients manage the EB-1 process with precision and care. Every stage of the journey is handled with professionalism to ensure your strongest case possible. Even a short consultation with an immigration attorney at Green Card Link can help clarify your options and set you on the path toward success.
What is an EB-1 RFE?
A Request for Evidence is a notice from USCIS asking for further proof or clarification regarding your EB-1 visa petition. Receiving an RFE is not the same as a denial; instead, it signals that USCIS needs more evidence to determine whether you meet the eligibility criteria.
The EB-1 visa itself is divided into three categories:
- EB-1A (Extraordinary Ability): Requires meeting at least 3 out of 10 USCIS criteria, or proving a one-time major achievement such as a Pulitzer Prize, Oscar, or Olympic Medal. Examples of evidence include internationally recognized awards, memberships in elite associations, published research, high salaries, or leadership roles in distinguished organizations.
- EB-1B (Outstanding Professors and Researchers): Requires at least three years of academic experience and meeting at least two qualifying criteria, such as scholarly publications, recognition from professional associations, awards, or peer review of others’ work.
- EB-1C (Multinational Executives or Managers): Requires documentation proving executive or managerial capacity in a multinational corporation. Evidence may include organizational charts, job descriptions, employment contracts, annual reports, or financial records.
Because each category has unique requirements, consulting with an immigration attorney at Green Card Link ensures you identify and submit the strongest evidence for your petition.
EB-1 RFE Processing Time
The processing timeline for an EB-1 RFE depends on multiple factors, including the reviewing USCIS office and the complexity of your case. Typically, USCIS gives applicants 60 to 90 days to respond. Once your response is submitted, USCIS generally makes a decision within about 60 days, though complex cases may take longer.
For certain EB-1 petitions, premium processing is available. By paying an additional fee, USCIS guarantees a decision—or a request for further action—within 15 calendar days. If a new RFE is issued, the 15-day clock restarts upon submission of your updated evidence.
Cost of an RFE
USCIS does not charge a separate fee for responding to an RFE. The costs are tied to the original visa filing. However, you may incur additional expenses in gathering new documentation, such as professional evaluations or translations. A consultation with an immigration attorney at Green Card Link can help you anticipate these costs and prepare financially.
Common Reasons for an EB-1 RFE
RFEs are often issued when USCIS feels more documentation is necessary. Common triggers include:
- EB-1A: Lack of strong evidence showing extraordinary ability. This can be addressed by submitting additional proof such as international awards, documented commercial success, or detailed recommendation letters highlighting your impact.
- EB-1B: Insufficient scholarly publications or recognition. Providing additional publications, peer acknowledgments, or professional association awards can help.
- EB-1C: Unclear managerial or executive responsibilities. Submitting organizational charts, employment contracts, and performance reviews can demonstrate your role more effectively.
Each case is unique, so working with immigration attorneys at Green Card Link helps ensure that your response is comprehensive and persuasive.
EB-1 RFE Checklist
When you receive an RFE, follow these steps:
- Understand the Request: Carefully review what USCIS is asking for to avoid missteps.
- Gather Evidence: Collect letters of recommendation, publications, organizational charts, or financial records as needed.
- Address Each Point: Provide a detailed cover letter that directly responds to each USCIS request.
- Double-Check Your Response: Ensure accuracy and consistency across all documents.
- Meet the Deadline: Submit your response well before the deadline to avoid denial.
An immigration attorney at Green Card Link can review your RFE response, making sure your evidence is properly structured and aligned with USCIS expectations.
Possible Outcomes After an RFE
After USCIS reviews your response, there are three potential outcomes:
- Approval: Your EB-1 visa petition is approved, and you receive official notice.
- Additional RFE or NOID (Notice of Intent to Deny): USCIS requests further clarification or evidence.
- Denial: If USCIS finds the evidence insufficient, your application may be denied. At this point, you may explore appeals or refiling with the guidance of an immigration attorney at Green Card Link.
Take the Next Step
Facing an EB-1 RFE does not mean the end of your immigration journey—it simply means USCIS needs more proof to recognize your achievements. With the right evidence and a carefully crafted response, your application can still succeed.
The immigration attorneys at Green Card Link are ready to guide you every step of the way, ensuring your petition is strong, accurate, and timely.