A Request for Evidence (RFE) is a notice from USCIS asking for more information before they can make a decision on your case. While not a denial, an RFE can delay your application for months. Understanding common triggers can help you submit a “bulletproof” application.
Top 5 RFE Triggers
The Trigger: Submitting only a marriage or birth certificate without other proof that the relationship is authentic, especially for marriage-based cases.
How to Avoid: Provide a comprehensive package of secondary evidence, such as joint bank account statements, leases or mortgages, utility bills, insurance policies, photos of the couple together over time, and affidavits from third parties.
- Failing to Establish a “Specialty Occupation” (for H-1B Petitions).
The Trigger: Not clearly demonstrating that the proffered position requires at least a bachelor’s degree in a specific field and that the beneficiary holds that degree (or its equivalent).
How to Avoid: Include a detailed job description, an explanation of why the role is complex enough to require a degree, and a thorough evaluation of the beneficiary’s credentials, especially if their degree was earned abroad.
- Not Proving Financial Support (for Affidavit of Support, Form I-864).
The Trigger: The petitioner’s household income does not meet 125% of the Federal Poverty Guidelines, or the supporting documentation (tax returns, pay stubs, employment letter) is incomplete or missing.
How to Avoid: Calculate the income requirement carefully. If the petitioner’s income is insufficient, use a joint sponsor or include evidence of assets that can be used to meet the requirement.
- Missing or Inconsistent Information.
The Trigger: Leaving sections of a form blank, providing dates that don’t match travel records, or having inconsistencies between different forms in the same application packet.
How to Avoid: Review every form for completeness and consistency. Ensure all dates, names, and addresses match your supporting documents like passports, I-94 records, and previous applications.
- Insufficient Evidence for Extension or Change of Status (e.g., Form I-539).
The Trigger: Failing to demonstrate that you have maintained your status, that your request is warranted, and that you intend to depart the U.S. after a temporary stay (for non-immigrant extensions).
How to Avoid: Provide a clear statement explaining the need for the extension or change and include continuous evidence of your current status, such as pay stubs, employment verification letters, and school transcripts.
What to Do If You Get an RFE
Do not panic. Note the deadline (typically 30-90 days) and gather the exact evidence requested. Seek help from an immigration attorney.
