How to Respond to an EB-1C RFE (Request for Evidence)
Few things are as stressful in the immigration process as receiving a Request for Evidence (RFE), especially when it concerns the prestigious EB-1C green card. While an RFE may feel like a setback, it can also be viewed as an opportunity to provide stronger evidence and improve your petition. If you’ve received an EB-1C RFE, it is critical to understand the requirements, common reasons for RFEs, and the steps to take with the help of an immigration attorney at Green Card Link.
EB-1C Green Card Requirements
Before addressing why USCIS might issue an EB-1C RFE, it’s important to understand the eligibility criteria.
The EB-1C is designed for multinational managers and executives. To qualify, the employer must:
- Be a U.S. entity with a branch, affiliate, office, or subsidiary abroad.
- Have conducted business in that foreign country for at least one continuous year.
As the beneficiary, you must:
- Have worked abroad for the company in a managerial or executive role for at least one year in the three years prior to filing.
- Continue working in the U.S. in a qualifying managerial or executive capacity.
Manager: You must oversee employees within a department or function, with authority to hire, fire, control salaries, and supervise daily operations
Executive: You must oversee managers, make large-scale decisions, establish company goals and policies, and operate with minimal supervision.
What to Do After Receiving an EB-1C RFE
When USCIS issues an RFE, it typically means you appear eligible on paper but need to provide additional documentation.
Your first step should be to consult with an immigration attorney at Green Card Link. The RFE will specify the reasons USCIS needs further evidence and will set a strict deadline for response. Missing this deadline almost always results in a denial.
A strong RFE response includes:
- All requested documentation.
- Legal advocacy connecting the facts of your case to immigration law.
Simply submitting paperwork is rarely enough; you must show how the evidence clearly proves your eligibility. Immigration attorneys at Green Card Link can help craft a persuasive response that maximizes your chances of approval.
Common Reasons for EB-1C RFEs
1. Job Role Does Not Qualify
Even if your title includes “manager” or “executive,” USCIS will examine your actual duties. Roles like “account manager” typically do not qualify because they lack true authority over employees’ salaries, tasks, and long-term company decisions.
2. Employment Abroad Not Established
USCIS often issues RFEs if there is doubt about your one continuous year of foreign employment. For example, if you transferred to the U.S. too quickly, you may need additional documentation proving your overseas managerial or executive role.
3. Ability to Pay Wages
Your U.S. employer must prove the financial ability to pay your offered salary. This often requires tax returns, annual reports, financial statements, or evidence that the company has previously paid your wage. Immigration attorneys at Green Card Link can help gather the strongest financial evidence.
What If USCIS Denies Without an RFE?
USCIS is not required to issue an RFE. If your EB-1C petition is denied outright, you may consider:
- Re-filing: Correcting errors or missing documentation.
- Motion to Reopen: Submitting new evidence that could change the decision.
- Motion to Reconsider: Arguing that the original decision was legally incorrect.
- Appeal: Asking the Administrative Appeals Office (AAO) to review the case, though approval rates are low without compelling new evidence.
- Alternative Options: Exploring EB-2 or EB-3 visas, which may require labor certification and longer wait times but remain viable pathways.
Why Work With Green Card Link
Attempting to handle an EB-1C RFE without professional guidance can be risky. At Green Card Link, its immigration attorneys have extensive experience addressing EB-1C RFEs, preparing persuasive responses, and navigating complex immigration challenges. They work closely with you to understand your unique situation and build the strongest possible case for approval.