In recent years, it has become increasingly common for the United States Citizenship and Immigration Services (USCIS) to issue Requests for Evidence (RFEs) when evaluating petitions for O-1 visas for individuals with extraordinary ability. Even if you meet the eligibility criteria, a weak or incomplete response to an RFE can lead to a denial. That’s why it’s crucial to prepare a strong, well-documented reply that fully supports your qualifications.
According to USCIS data, the RFE rate for O-1 visa petitions reached 26.8% in the first three quarters of 2019 — the highest level since 2015. Given this trend, both petitioners and beneficiaries must understand why RFEs are issued, what they mean, and how to effectively counter them with detailed and persuasive documentation.
What Is an O-1 Visa?
The O-1 visa is a nonimmigrant visa for individuals who have demonstrated extraordinary ability or achievement in their field. It is available to top professionals in sciences, business, education, arts, athletics, motion pictures, and television.
Often considered one of the most prestigious U.S. work visas, the O-1 is designed for those who can prove they are among the top experts in their domain. While the eligibility requirements are stringent, the benefits are substantial — offering flexibility, recognition, and the opportunity to work in the United States on the basis of exceptional skill.
What Is an RFE (Request for Evidence)?
A Request for Evidence (RFE) is a notice from USCIS asking for additional documentation or clarification before a decision is made on a visa petition. When the reviewing officer determines that certain claims or qualifications lack adequate supporting evidence, they issue an RFE to give the applicant a chance to provide more proof.
During this time, your application is temporarily paused. USCIS gives you a specific deadline to respond. Failure to submit all requested evidence within this period can delay processing — or worse, result in a denial.
For O-1 petitions, RFEs may seek more information about either the petitioner (the U.S. employer or agent) or the beneficiary (the extraordinary ability applicant).
Common Reasons for an O-1 Visa RFE
RFEs for O-1 visa cases are often issued due to insufficient or unclear evidence related to the visa’s eligibility criteria, consultation letters, or itinerary details. Understanding these common triggers can help you prepare a stronger petition — and respond effectively if an RFE is issued.
The Evidentiary Criteria for O-1 Visas
To qualify for an O-1 visa, you must either:
- Demonstrate receipt of a major internationally recognized award such as a Nobel Prize, Grammy, or Academy Award,
or - Satisfy at least three out of eight evidentiary criteria outlined by USCIS.
These criteria include:
- Awards: Proof of nationally or internationally recognized prizes or awards for excellence in your field.
- Memberships: Evidence of membership in associations requiring outstanding achievements, as judged by recognized experts.
- Published Material: Articles or media coverage about your work in major professional publications or well-known outlets.
- Judging Work of Others: Proof that you have evaluated or judged the work of peers, either individually or on a panel.
- Original Contributions: Evidence of significant, original contributions to your field.
- Scholarly Articles: Authorship of scholarly works published in respected journals or media.
- Critical Employment: Documentation showing your role as a key employee for a reputable organization.
- High Salary: Proof that your extraordinary ability commands a high level of compensation.
If these categories don’t directly apply to your field, USCIS allows comparable evidence to demonstrate your qualifications. However, comparable evidence is often subjective — and this is where many applicants encounter RFEs.
Common Types of O-1 Visa RFEs
1. Published Material
USCIS may issue an RFE claiming that your published materials do not adequately demonstrate your distinction or recognition in your field. The officer might question whether the publication is a “major” outlet or whether the content sufficiently focuses on your achievements.
2. Judging the Work of Others
RFEs frequently arise under this criterion, particularly for professionals whose daily roles don’t naturally involve evaluating peers. USCIS may find the provided evidence insufficient or irrelevant to the “judging” standard.
For example, an engineer who primarily works with systems and equipment may find it difficult to produce documentation comparable to that of a university professor who regularly reviews academic papers or supervises research. In such cases, comparable evidence can be used — but if not presented strategically, USCIS may find it inadequate and issue an RFE.
Original Contributions of Major Significance in Your Field
Merely having publications is not enough. To satisfy this O-1 criterion, your work must be both distinctive (original) and impactful to other experts in the field. USCIS looks for proof that your contributions sparked meaningful professional attention—ideally demonstrated by widespread discussion, implementation, or reliance by peers.
Strong evidence includes detailed support letters or expert testimonies that analyze your specific results, explain how your work advanced the field, or document that others have adopted your methods, software, datasets, or findings. If your submission lacks persuasive corroboration, USCIS may issue a Request for Evidence (RFE).
Employment in a Critical or Essential Capacity
This criterion has two parts: (1) proving that your role was critical or essential, and (2) demonstrating that the organization itself is reputable. It is not uncommon for USCIS to accept one prong but question the other. For example, an officer may agree that you performed a vital function yet ask for more proof that the company is distinguished in its industry—potentially triggering an RFE.
Compelling documentation can include organizational charts, letters from executives describing mission-critical responsibilities, metrics linking your work to measurable outcomes (revenue, users, patents, publications, safety milestones), and independent evidence of the company’s stature (awards, press, funding, rankings, or major clients).
Evidence of High Salary
To meet this standard, you must show that you receive or will receive compensation significantly above typical levels for your occupation and market. This helps establish that your extraordinary ability commands a premium. If USCIS is not persuaded that your pay is among the higher tiers compared to similarly situated professionals, you could receive an RFE.
Useful proof may include third-party wage surveys, government compensation data, offer letters, contracts with guaranteed bonuses or equity, stock grant documentation, and pay stubs—ideally benchmarked against role, seniority, geography, and industry.
Membership in Associations
Not every membership qualifies. USCIS expects evidence that admission rests on selective, achievement-based criteria, not merely payment of dues. To strengthen this prong, show that recognized experts evaluate applicants and that the bylaws or membership policies impose high professional thresholds.
Submit the association’s bylaws or eligibility standards, a description of the review process, names and qualifications of reviewers where available, and proof that your admission resulted from your accomplishments (e.g., awards, publications, leadership, peer recognition).
How to Respond to O-1 Visa RFEs
If you receive an RFE on any O-1 criterion, your response strategy is critical. Working with immigration attorneys at Green Card Link—professionals who regularly handle O-1 RFEs—can significantly improve the quality and clarity of your submission.
Because RFEs are typically issued once, you have a single opportunity to address every concern comprehensively. An immigration attorney at Green Card Link will analyze each point raised, identify evidentiary gaps, and craft a persuasive, well-organized response tailored to USCIS’s requests.