Request for Evidence (RFE) Meaning & Guide for Talent Teams

Global hiring is a strategic advantage for companies in all industries competing for talent. But recent roadblocks in the immigration process can lead to uncertainty and delays, slowing down hiring and causing compliance risks. 

The Request for Evidence (RFE) from USCIS is a common concern and a frequent occurrence under the current government. After you submit an immigration application, USCIS may send you a formal RFE, meaning they need additional clarifying documentation to make a decision.

Here’s what talent acquisition teams need to know about receiving and responding to a RFE in immigration processing to avoid obstacles and submit successful applications.

What Is a Request for Evidence?

An RFE is an official notice from USCIS stating that the immigration officer reviewing your application requires additional evidence or information before they can make a decision.

An RFE might seem intimidating, but it isn’t a denial. It’s simply a request for further documentation. Candidate approvals depend on specific eligibility criteria and evidence, and sometimes the existing evidence isn’t enough. 

For employers sponsoring international talent, receiving an RFE pauses the immigration process until USCIS receives and reviews further evidence. Responding to an RFE in a timely manner is critical for both your team and the talent you’re trying to hire.

Common Reasons USCIS Sends a Request for Evidence

RFEs come up across various visa and green-card categories, but certain triggers occur more frequently with employment-based petitions. They include:

1. Insufficient evidence of qualifications: Missing proof of degrees, transcripts, or professional credentials can lead to an RFE.
2. Inconsistent information: Discrepancies between forms and supporting documentation, such as mismatched dates or job titles, are red flags for USCIS.
3. Failure to meet visa eligibility criteria: Don’t miss extra requirements for specific visa categories. For example, USCIS often wants extra information proving the professional role is a “specialty occupation” in order to approve H-1B petitions.
4. Employer-related issues: Inadequate corporate records, job descriptions, or wage documentation can trigger RFEs.

Case Profiles That May Receive More RFEs

While RFEs can occur in any employment-based petition, some case profiles are more likely to receive additional scrutiny from USCIS. For example, newer or early-stage companies may be issued RFEs as officers take a closer look at business operations, job duties, and the employer’s ability to pay. Similarly, candidates earlier in their careers may face RFEs when USCIS questions whether their education or experience sufficiently meets the role’s requirements.

Another common trigger is a mismatch between a candidate’s degree and the job’s occupational classification. When the field of study does not clearly align with the role’s job code, USCIS often requests further clarification to confirm eligibility. These cases are not inherently weak, but they typically require more detailed explanations and stronger supporting evidence to clearly establish eligibility.

How Does a Request for Evidence Affect the Hiring Process?

When a USCIS immigration officer issues an RFE, processing stops until you respond, which introduces some risks and uncertainty into hiring timelines. Depending on the complexity of the request and your ability to respond promptly, RFEs can add weeks or months to the hiring process.

Key risks for talent teams include:

• Onboarding delays: Without a separate work authorization or Employment Authorization Document (EAD), international hires may not be able to work until their visa application is approved.
• Retention concerns: Extended uncertainties may incentivize candidates to pursue other offers.
• Compliance exposures: If you miss deadlines or provide an insufficient response, your petition may be denied.

Proactive planning is key to avoiding these issues. Work with your immigration counsel to be as thorough as possible when you first petition to avoid receiving RFEs, but be prepared to deal with them. Build buffer times into your hiring plans and hire skilled immigration legal counsel to improve your chances of a smooth process.

Does a Request for Evidence Mean the Petition Will Be Denied?

Receiving an RFE doesn’t mean your petition will be denied. This is a common misconception. While it’s true that an RFE can slow down the immigration process and requires extra effort, it’s not a bad sign. In fact, it’s proof that USCIS is seriously considering your case.

USCIS routinely releases immigration data, including RFE statistics. The good news is that the data shows these requests are relatively rare and usually don’t lead to denials. 

RFEs are only issued in about 10% of cases, although certain visa types are typically more likely to receive an RFE. Success rates for employer-sponsored applications after receiving an RFE vary by visa type, but recent data suggests about 60% to 80% are approved.

Sometimes an RFE also functions as a built-in pause. When an officer issues an RFE, the premium processing clock stops until USCIS receives and reviews your response—meaning cases that should move quickly can slow down significantly. Under the current administration, RFE rates have increased in several employment-based visa categories, partly because officers are taking more time or adding extra scrutiny to visa types that are especially high-demand.

This doesn’t mean a petition is more likely to be denied, but it does mean employers should expect potential delays, especially when relying on premium processing.

The takeaway is that receiving an RFE isn’t a bad thing — as long as you’re prepared. It’s an opportunity to strengthen the case, protect compliance, and support international hires.

How Talent Teams Should Respond to a Request for Evidence

Submitting thorough, fact-checked documentation is the best way to avoid getting RFEs. But there’s no way to prevent them completely. When an RFE notice arrives, HR should pay close attention to deadlines and support legal teams.

Best practices for responding to an RFE include:

• Respond promptly: The faster you respond, the faster processing can resume again.  Failure to respond within the allowed timeframe results in denial. 
• Respond comprehensively: Address each and every request for additional information or documentation, which may include financials, organizational charts, and other items.
• Track deadlines and processing: Double-check the response deadline. USCIS sets a maximum response tim to respond to an RFE, but the time it takes to review responses varies. You can check the status of your case online via the official USCIS website.
• Ensure HR reviews the notice: RFEs are often sent to legal counsel, but HR teams should review them to understand hiring impacts.
• Seek outside legal counsel: If your current law firm isn’t providing an adequate strategy or response, think about hiring a law firm that specializes in immigration law.
• Consider refining the original petition: If your attorney doesn’t feel they have strong enough supporting evidence to overcome the RFE, they may advise refreshing and resubmitting the petition.

Working with a modern immigration law firm can give you the information and support you need for successful petitions. Ellis is a trusted law firm that specializes in helping businesses and their international hires navigate the immigration and compliance process. 

Let’s discuss your immigration needs and build a solution that works. Schedule a call.

What Happens After Submitting an RFE Response

Once USCIS receives your RFE response, the case re-enters the immigration processing queue. Here are the possible outcomes:

1. If your evidence is satisfactory, the petition will move forward for approval. 
2. If your submitted response doesn’t meet requirements, USCIS may send you another formal RFE or a Notice of Intent to Deny (NOID). 
3. If the officer determines that eligibility can’t be established, they might deny the petition.

A NOID is a more serious concern than an RFE. It’s effectively a warning that USCIS will deny your case if you don’t provide additional supporting evidence. If you receive a NOID, respond as quickly as possible with the help of an immigration attorney to strengthen your case.

What happens after RFE approval depends on current processing times and the type of visa or green card. Regular processing typically takes about 60 days after an RFE response, but premium processing speeds this up.

Respond to a Request for Evidence Notice With Confidence

International hiring through visa or green-card sponsorship removes barriers that stop you from securing top talent. But RFEs can lead to delays and uncertainties in the immigration process. Act quickly, get legal advice, and collect all the right evidence to support your case with Ellis.

Ellis offers clarity and helps you streamline the process to minimize delays. Stay informed and seek professional advice from a trusted immigration law firm. Book a strategic consultation and create a proactive immigration program for your business.