An H-1B Request for Evidence should be answered issue by issue using the actual job, employer, beneficiary qualifications, and filing record. Preserve the notice and deadline, then build a response that directly addresses each concern.
Turn the RFE into a response matrix
- Agency concern: quote or accurately summarize the specific request in your working notes.
- Relevant fact: identify what is true about the actual job, employer, or beneficiary.
- Supporting record: identify the document and person responsible for obtaining it.
- Gap and deadline: flag missing evidence early and track the final submission and receipt.
Read the whole notice and original petition
Separate the agency's questions into a response outline. Identify the documents requested, the legal concern behind each issue, and the deadline stated in the notice. Obtain the complete original filing so the response does not contradict it unintentionally.
An RFE is not a final denial, but it should not be treated as a routine request for more pages. A generic employer letter may leave the central issue unanswered.
Explain the actual position
Gather a detailed account of duties, the knowledge needed to perform them, reporting relationships, and relevant projects. Where appropriate, obtain contracts, worksite information, organizational records, or evidence connecting the duties to the required qualifications.
The description must reflect the real job. Do not inflate duties or change the position simply to match a perceived template. Explain any genuine development and ask counsel how it affects the petition.
Connect qualifications and supporting records
Collect degrees, evaluations where appropriate, licenses, and evidence of relevant experience. Check that names, dates, job titles, and project information align throughout the packet. An expert opinion should have a factual basis and address the question USCIS raised.
Coordinate with the employer early because internal records and signatures can take time. Set a preparation deadline before the government deadline and retain proof of the final submission.
If evidence is unavailable, explain the problem to counsel promptly. The response strategy should account for the actual record and any legal limitation, rather than assuming an extension or a second opportunity will be provided.
Frequently asked questions
Does an RFE mean the petition is already denied?
No. It requests a response, but the concerns and deadline need careful attention.
Can we answer with a generic job description?
The response should document the actual position and address the specific issues raised.
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