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What Is an RFE in Immigration? What to Do If You Receive One

  • Writer: Canero Fadul Reis Law
    Canero Fadul Reis Law
  • Apr 23
  • 2 min read

A man looks frustrated while reading a document in a bright kitchen. He's wearing glasses and a denim shirt, with plants in the background.

Received an RFE? Don’t Panic


If you received a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services, your first reaction might be fear.


But here’s the truth:


  • An RFE is NOT a denial

  • It is an opportunity to strengthen your case


Every year, thousands of applicants receive RFEs—and many are still approved when handled correctly.


What Is an RFE?


An RFE is a formal notice from USCIS requesting additional information before making a final decision on your case.


This means:


  • USCIS needs more evidence

  • Something was unclear or missing

  • Your case is still under review


Why Did You Receive an RFE?


RFEs happen for many reasons, depending on the type of case.


Common reasons include:


  • Missing documentation

  • Weak or unclear job descriptions

  • Insufficient proof of qualifications

  • Inconsistencies in your application

  • Lack of supporting evidence


Common RFEs by Case Type


H-1B Visa RFEs

  • Specialty occupation issues

  • Employer-employee relationship

  • Wage level concerns


EB-2 NIW / EB-1 RFEs

  • Lack of evidence of impact or achievements

  • Weak national interest argument

  • Insufficient documentation


Family-Based Cases

  • Missing relationship evidence

  • Financial sponsorship issues


What Happens If You Ignore an RFE?


Ignoring an RFE can lead to:


❌ Case denial

❌ Loss of filing fees

❌ Delays in your immigration process


Deadlines are strict—typically 87 days or less.


What You Should Do Immediately


If you receive an RFE:


1. Read It Carefully

Understand exactly what USCIS is asking for.


2. Do NOT Rush

Quick responses are not always strong responses.


3. Organize Your Evidence

Gather documents that directly address the request.


4. Speak to an Immigration Attorney

Strategy matters more than documents alone.


Why Strategy Matters in RFE Responses


Most RFEs are not about missing documents.


They are about:

  • How your case is presented

  • How your evidence is framed

  • How legal arguments are structured


A strong RFE response includes:

  • Clear legal explanation

  • Supporting documentation

  • Strategic positioning of your case


Can You Still Get Approved After an RFE?


Yes—and many people do.


Approval depends on:

  • Strength of your response

  • Quality of evidence

  • Legal strategy


A well-prepared response can turn a weak case into an approved one.


RFE Trends in 2026


RFEs are becoming more common due to:

  • Increased scrutiny from USCIS

  • Policy changes

  • Higher standards for evidence


This makes preparation and response strategy more important than ever.


How CFR Law Helps With RFEs


At Canero Fadul Reis Law, we approach RFEs strategically.


We help clients:

  • Analyze the RFE in detail

  • Build a strong legal response

  • Organize and present evidence effectively


We don’t just respond—we rebuild and strengthen your case.


Received an RFE? Let’s Review Your Case


If you’ve received an RFE, timing and strategy are critical.


Schedule a consultation with our team to:


  • Review your RFE

  • Identify weaknesses

  • Build a response strategy


Frequently Asked Questions


Is an RFE a bad sign?

No. It means USCIS needs more information before deciding.


How long do I have to respond?

Usually up to 87 days, depending on the notice.


Can I respond without a lawyer?

Yes—but strategy is key, and mistakes can lead to denial.

 
 
 

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