H-1B Transfer RFE (Request for Evidence) | The Complete Guide
Must-Know Facts
Breaking update: A recent presidential proclamation requires a $100,000 payment with certain new H-1B petitions filed on or after September 21, 2025. Several exclusions apply (for example, many extensions and previously filed cases). Read Green Card Link’s complete guide to understand who is affected and how to plan your filings. The White House+2USCIS+2
- An H-1B transfer RFE is not a denial. It’s a request from USCIS for more documentation when you change employers under H-1B status.
- Common triggers include verifying the employer–employee relationship, confirming a specialty occupation, evaluating foreign degrees, and assessing the employer’s financials.
- Respond thoroughly and on time with every item requested. Partnering with an immigration attorney at Green Card Link can materially improve your approval odds.
When you receive an H-1B transfer RFE (Request for Evidence), it’s normal to feel overwhelmed. Remember, an RFE simply means USCIS needs more information before deciding the case. A complete, well-organized response—ideally prepared at Green Card Link, its immigration attorneys—maximizes your chance of approval.
H-1B Visa Petition Overview
What Is an H-1B Transfer RFE?
An H-1B transfer RFE is a formal USCIS notice seeking additional documents or explanations while transferring H-1B employment from one employer to another. Your new employer files the transfer petition; if USCIS needs more evidence to make a decision, it issues the RFE.
Typical requests cover eligibility, job offer details, prevailing wage compliance, and proof you’ve maintained lawful status. (If you also need stamping guidance, see Green Card Link’s resource on H-1B visa stamping in the U.S.)
Selected in the 2025–26 H-1B lottery? Connect with immigration attorneys at Green Card Link to prepare and file your petition strategically.
Types of H-1B Transfer RFEs
- Employer–employee relationship: USCIS may ask for proof that the employer controls your work (hire/fire authority, supervision, work location, and deliverables). Evidence often includes payroll, tax withholdings, benefits (health insurance, PTO, 401(k)), and organizational charts.
- Education and credential evaluation: If your degree is from outside the U.S., USCIS may scrutinize the institution and the equivalency of your credentials to U.S. standards. Independent evaluations and detailed course-by-course analyses are common.
- Specialty occupation determination: You must show the role requires at least a bachelor’s degree in a specific, related field and that your background matches. Position descriptions, industry data, and expert opinions can help establish this.
- Financial documents for newer companies: Startups and employers with limited operating history may be asked for tax returns, bank statements, payroll records, client contracts, and other proof of ability to pay and sustain the offered role.
- Another breaking note: The $100,000 H-1B fee generally targets new petitions filed on or after September 21, 2025, with notable exclusions. Review Green Card Link’s summary for applicability and strategy. www.hoganlovells.com+2Foley & Lardner LLP+2
H-1B RFE Issuance Rate (Recent Trends)
USCIS data show that RFE issuance has declined in recent years while approval rates have generally improved:
Fiscal Year | Overall H-1B Approval Rate | % RFEs Issued | % Approved After RFE |
2024 | 97.9% | 8% | 86% |
2023 | 97.2% | 9.8% | 81.0% |
2022 | 98% | 9.6% | 85.5% |
2021 | 97.3% | 16.2% | 86.5% |
2020 | 91.4% | 28.8% | 73.4% |
Source: USCIS “Nonimmigrant Worker Petitions by Case Status and Request for Evidence” datasets and annual H-1B reports. USCIS+2USCIS+2
These figures highlight a strong approval environment recently, especially compared to earlier years (e.g., FY2019 saw higher RFE rates and lower approvals). USCIS
Must-Know: How USCIS Categorizes Filings
When USCIS reviews an H-1B petition, it generally falls into one of these paths:
- Complete and approvable → case moves toward approval.
- Incomplete/incorrect/inconsistent → case may be rejected.
- Complete but not qualifying → case is denied.
- Not yet approvable due to missing or unclear evidence → RFE issued.
- Evidence raises concerns → RFE (or other follow-up) issued.
If your case lands in categories 4 or 5, expect an RFE. Think of it as a second chance to clarify the record—not as a setback.
What USCIS Commonly Requests in an RFE
- Degrees and qualifications linked to the job requirements.
- Documented work experience (letters, detailed duties, dates, tools/tech).
- Employer’s ability to pay and proof the offered wage meets or exceeds prevailing wage.
- Employer–employee relationship evidence (no self-petitioning; employer must retain control).
When USCIS remains unsure, it may:
- Conduct internal research;
- Request more documentation from the petitioner/beneficiary;
- Schedule an interview;
- Probe deeper for clarification before issuing a final decision.
Five Key Tips for Successfully Handling an H-1B Transfer RFE
Receiving a Request for Evidence (RFE) during an H-1B transfer can feel overwhelming, but with proper preparation, you can minimize the risk and improve your chances of success. If you are considering an H-1B transfer or have already received an RFE, here are essential strategies to keep in mind.
1. Work With Experienced Immigration Attorneys Early
At the start of your H-1B transfer, it’s important to consult with an experienced immigration attorney at Green Card Link. Submitting irrelevant or incomplete information can trigger an RFE, making the process more complicated. If an RFE is issued, your attorney will guide you through whether premium processing is necessary to meet critical deadlines and help you prepare a strong response.
2. Read the RFE Carefully
When an RFE is received, take time to review the notice in detail. Skimming through it can lead to missed requirements or incomplete answers. RFEs are often written in technical language that may be difficult to interpret without legal experience. In such cases, Green Card Link immigration attorneys can provide the clarity you need to ensure your response meets USCIS expectations.
3. Respond Within the Deadline
There is no option to request an extension once USCIS sets the RFE response deadline. Consider this deadline final. Prepare all documents in advance so you can submit a timely and complete response. Late submissions are rejected, resulting in an automatic denial.
4. Answer Completely and Accurately
Your RFE response must be thorough. USCIS does not issue multiple RFEs for the same transfer petition—if your response is incomplete, your petition will likely be denied. Ensure every requested point is addressed with supporting documentation.
5. Provide Clear and Concise Responses
While completeness is critical, clarity also matters. Provide well-organized, concise, and accurate answers to demonstrate that you meet all H-1B eligibility requirements.
How to Respond to an H-1B Transfer RFE
When transferring to a new employer under the H-1B program, USCIS may issue an RFE to verify your eligibility. An RFE is not a denial but a request for additional information before a decision is made. Following these steps will help ensure a smoother process:
- Acknowledge Immediately: Confirm receipt of the RFE to avoid delays.
- Gather Key Documents: Collect your current H-1B approval notice, new job offer, and proof of qualifications.
- Consult Immigration Attorneys at Green Card Link: Legal experts can help craft precise responses and avoid costly mistakes.
- Submit a Comprehensive Response: Provide a complete, well-structured response addressing every issue USCIS raises.
How to Minimize the Chances of an H-1B Transfer RFE
USCIS evaluates every H-1B petition carefully, and while an RFE cannot always be avoided, proactive steps can reduce the likelihood:
- Provide Evidence of a Valid Employer-Employee Relationship
Include contracts, job descriptions, and the Labor Condition Application (LCA). If no written contract exists, provide a detailed summary of any oral agreements. These documents help demonstrate compliance with H-1B rules. - Outline Day-to-Day Job Duties
USCIS may issue an RFE if your petition appears speculative. Including specific daily job assignments strengthens the petition and demonstrates that the role qualifies as a specialty occupation. - Establish a Bona Fide Job Offer
Employers must prove that the job exists at the time of filing and that the beneficiary will be employed in a specialty occupation. Supporting evidence and attestations under penalty of perjury can significantly reduce the risk of an RFE. - Avoid “Benching” Issues
USCIS prohibits “benching,” where an H-1B employee is kept in nonproductive status without pay. Violating this rule can result in revocation of the petition or a Notice of Intent to Deny (NOID). Exceptions apply only in limited cases, such as periods covered by the Family and Medical Leave Act (FMLA) or other protected leave.
H-1B Transfer RFE: Frequently Asked Questions
How long does USCIS take to respond after submitting an RFE?
Processing varies, but USCIS typically responds within 60 days. If no response is received after this period, you may contact the National Customer Service Center. Immigration attorneys at Green Card Link will also monitor your case closely.
What is the difference between an RFE and a NOID?
An RFE requests additional evidence, while a NOID (Notice of Intent to Deny) signals USCIS intends to deny your petition unless new evidence changes their decision.
How much time do I have to respond?
USCIS specifies the response window in the RFE, usually between 30 to 84 days. Always submit before the deadline.
Can the employee respond directly to an RFE?
No. The employer (petitioner) must submit the response. However, employees may track their case through the USCIS Case Status portal and encourage their employer to act promptly.
Related H-1B Resources
- H-1B Visa Documents
- H-1B Annual Cap
- H-1B Visa Stamping (India)
- H-1B Extension
- H-1B Dependent Employers
- H-1B for Nurses
How Green Card Link Can Help
At Green Card Link, our immigration attorneys specialize in employment-based immigration and have extensive experience handling H-1B transfer RFEs. Whether you need guidance in preparing your initial petition or expert representation in responding to an RFE, our team is here to help you achieve a successful outcome.
📞 Contact Green Card Link today to get started with your H-1B transfer.