If you receive a Request for Further Evidence from USCIS in respect of a US immigration application, you will inevitably face a delay with your application. Processing of the application is paused as soon as USCIS issue the RFE.
A Request for Evidence (RFE) is issued by the United States Citizenship and Immigration Services (USCIS) when additional information or documentation is needed to make a decision on an immigration application. RFEs are commonly sent for applications such as visas, green cards, or work permits when submitted materials are incomplete, inconsistent, or insufficient to meet eligibility requirements. Receiving an RFE does not mean a denial; rather, it is an opportunity to strengthen the application by providing the requested evidence.
Key risks include missing the submission deadline, which typically ranges from 30 to 90 days as specified in the notice. Failing to respond within the given timeframe results in case denial. Submitting incomplete or incorrect evidence in response to an RFE can also delay the process or lead to rejection. It is essential to carefully review the notice to understand the specific requirements.
Applicants should ensure all requested documents are included and organized for clarity. Seeking professional advice, such as from an immigration attorney, can help mitigate errors or oversights. Consideration should also be given to USCIS processing times, as delays can affect travel, work, or residency plans. A well-prepared response can improve the likelihood of a favorable decision.
How long is the USCIS RFE Response Review Time?
If you have responded to the RFE within the specified timeframe, how long should you expect to wait to hear back about your application?
The clock starts on the day that USCIS receives your RFE response.
Without premium processing USCIS advise it can take up to 60 days from the RFE response to hear back from USCIS. In practice, most RFEs are responded to much quicker, provided no other issues or delays are at play. For some, typically less complex cases, a decision may even follow within a matter of days.
The USCIS RFE response review time can vary widely from case to case and will generally depend on the number of applications that are being processed at that time.
For example, during the H-1B visa processing, a high number of RFEs are typically issued. This means response review times are known to stretch past 3 months.
If you have not heard from USCIS 60 days after submitting your RFE response, you can contact the National Customer Service Center to file a Service Request for an update.
Processing is in general taking longer than in previous years, due to increased scrutiny of petitions and resulting backlog of petitions awaiting a decision. Consequently, applicants may find that current petitions are taking longer than previous immigration applications.
Premium processing to expedite USCIS RFE Response Review Time
To expedite the review process, you will need to upgrade to premium processing. This will require you to pay the relevant fee.
With premium processing, applications are reviewed within 15 days. Where an RFE is issued, the response will be processed with 15 days of receipt.
It is possible to pay to upgrade to premium processing after you have filed your application or submitted your RFE response.
Note that if USCIS has suspended premium processing, the premium processing timeline will not be followed.
It’s also important to clarify that premium processing has no bearing on the outcome of your case; it merely expedites processing and decision-making.
What if you don’t respond to the RFE?
If you opt not to provide more information and do not respond to the RFE, your application will be assessed after the deadline date on the basis of your initial application submission.
Tips for responding to an RFE
One of the most important factors will be to ensure you meet the deadline given by USCIS for your response. This will require you to take action as soon as you take receipt of the RFE since it may take time to source and compile the necessary evidence in the required format.
A well-prepared response can significantly improve your chances of a favorable decision on your immigration application. The documentation you compile will depend largely on the reasoning for the request and the adjudicator’s specific areas of concern. USCIS will indicate within the notification letter as to the underlying questions or concerns about eligibility resulting from the original application submission. The additional documents you compile and submit will need to directly address these issues and provide sufficient evidence to convince the adjudicator as to your eligibility.
Start by thoroughly reviewing the RFE notice. Understand exactly what is being requested and identify the specific evidence or information needed. USCIS typically lists the required documents clearly, so take time to ensure you comprehend each item. If anything is unclear, consider seeking advice from an immigration attorney to avoid mistakes.
Gather all the necessary documentation outlined in the RFE. Ensure that your evidence is complete, organized, and directly addresses the issues raised. Include a cover letter summarizing your response and referencing the specific items requested in the RFE. This helps USCIS easily locate the relevant materials in your submission.
Submit your response well before the deadline. RFEs often allow 30 to 90 days for submission, and delays can result in denial. Plan ahead to account for time needed to obtain or translate documents, if required. Use a trackable delivery method to ensure USCIS receives your response on time.
Avoid submitting unnecessary materials. Include only documents directly related to the RFE to maintain clarity and avoid confusion during the review process. A focused and complete response demonstrates your commitment to meeting the requirements and increases the likelihood of approval.
Ensure you double check your RFE response before sending. This will be your last chance to influence decision making in your favor, so it will be important to make it count.
Need assistance?
For specialist guidance or advice on an RFE, contact our US immigration attorneys.
RFE response time FAQs
What is an RFE?
A Request for Evidence (RFE) is a notice from USCIS requesting additional information or documents to decide on an immigration application.
How long do I have to respond to an RFE?
The deadline to respond is typically between 30 and 90 days, as specified in the RFE notice. The exact timeframe is mentioned in the letter.
What happens if I miss the RFE response deadline?
If you miss the deadline, USCIS may deny your application based on the information they have on file.
Can I request an extension for my RFE response?
USCIS does not usually grant extensions. You must submit your response within the given timeframe.
What should I include in my RFE response?
Include all requested documents, organized clearly, and any explanations needed to address the issues raised in the RFE.
How long does USCIS take to process an RFE response?
Processing times vary, but it typically takes several weeks to a few months for USCIS to review the submitted materials.
Does receiving an RFE mean my application will be denied?
No, an RFE is an opportunity to provide additional evidence. A well-prepared response can lead to approval.
Can I submit extra documents not requested in the RFE?
It is best to include only documents directly related to the requests in the RFE to avoid confusion or delays.
Glossary
Term | Definition |
---|---|
RFE (Request for Evidence) | A notice from USCIS requesting additional information or documentation to process an immigration application. |
USCIS | United States Citizenship and Immigration Services, the agency responsible for handling immigration applications. |
Response Deadline | The timeframe, typically 30 to 90 days, given to applicants to respond to an RFE. |
Supporting Documents | Evidence or paperwork submitted to fulfill the requests outlined in an RFE. |
Application Denial | The outcome if an RFE response is not submitted or if the submitted response does not address the issues. |
Processing Time | The period USCIS takes to review and respond to an RFE submission, which varies by case type. |
Immigration Attorney | A legal professional specializing in immigration law who can assist with preparing an RFE response. |
Additional Evidence | Any documents or explanations requested by USCIS to clarify or supplement the original application. |
Extension Request | A formal request to USCIS to extend the RFE response deadline, which is rarely granted. |
Case Status Update | Notifications or updates provided by USCIS about the progress of an RFE response or application. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/