Learn What to Do if You Received a Request for Initial Evidence from USCIS

TL;DR:

A request for initial evidence (RFIE) means USCIS needs required evidence that was missing or insufficient in your original filing. Receiving one does not mean your case has been denied, but your response can play an important role in what happens next.

• An RFIE may be issued when required initial evidence is missing.
• The notice should identify what USCIS needs from you and when your response is due.
• Review every request carefully and provide evidence addressing each issue.
• Employment-based petitions may require extensive documentation establishing eligibility.
• Failing to provide sufficient evidence can put your application or petition at risk.

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Receiving a request for initial evidence (RFIE) from U.S. Citizenship and Immigration Services (USCIS) can feel like a big deal. Many people who do become concerned. But the good news is that getting an RFIE doesn’t automatically mean that your immigration case is headed for denial.

All an RFIE means is that USCIS requires more information before it can determine whether you qualify for the immigration benefit you are seeking.

That being said, it’s important to clearly understanding why you received the request so that you can respond to it appropriately and on time.

What Is an RFE in Immigration and How Does an RFIE Differ?

A U.S. immigration Request for Evidence (RFE) is a notice from USCIS requesting evidence it needs to determine whether an applicant or petitioner has established eligibility.

USCIS guidance on Requests for Evidence and Notices of Intent to Deny explains that an RFE may be issued when required initial evidence was not submitted or when the evidence in the record does not establish eligibility.

This is where the term request for initial evidence (RFIE) comes in. Although RFE and RFIE are sometimes treated as separate processes, an RFIE commonly refers to an RFE seeking initial evidence that should have been provided with the original filing.

The key thing to understand is that an RFE may also request additional evidence after USCIS reviews what has already been submitted.

In either case, receiving a request for more evidence, whether RFE or RFIE, though stressful, is generally considered better than an outright denial, because you have the opportunity to submit evidence needed to continue evaluating your case.

What Commonly Triggers a Request for Initial Evidence?

Typically, an RFIE is issued by USCIS if they determine that evidence required for the application or petition was either entirely missing or insufficient in scope. In practice, this often looks like:

• A required supporting document was omitted.
• Documentation is incomplete or does not establish a required element of eligibility.
• Evidence required for the specific immigration classification was not provided.
• Submitted documentation does not sufficiently support information in the application or petition.

Importantly, the required evidence varies by immigration category. This can be particularly important in employment-based cases, where petitioners may need to establish several different eligibility requirements.

For instance, USCIS provides a Checklist of Required Initial Evidence for Form I-140 covering evidence associated with different employment-based immigrant classifications.

Reviewing the requirements for your specific category with an experienced attorney before filing can help reduce the likelihood of missing necessary documentation.

How Should You Respond to a Request for Initial Evidence?

Your response should furnish evidence that is in direct accordance with what USCIS has identified is missing. Thus, it’s important for you to take the following steps:

1. Read the entire notice. Identify every item USCIS says is missing or insufficient, along with the response deadline and submission instructions.
2. Gather the requested evidence. Provide documentation that addresses each issue. If USCIS found existing evidence insufficient, determine what additional evidence can address the concern rather than simply resubmitting the same materials.
3. Organize your response clearly. Make it easy to identify how the evidence corresponds to each item in the request.
4. Respond completely. Address all of the issues USCIS identifies rather than responding to only part of the request.
5. Submit everything on time. Follow the instructions and deadline in your notice and retain a copy of your complete response.

While an RFIE or RFE is not equivalent to a denial, an incomplete or inadequate response to either can put the underlying application or petition at risk, so it is crucial to respond appropriately and expediently.

With employment-based immigration petitions, this can be especially crucial. For instance, an EB-3 visa case may require evidence establishing eligibility as a skilled worker, professional, or other worker.

Get Help Responding to a Request for Initial Evidence or Request for Evidence

Responding to an RFIE requires more of you than simply collecting documents.

Your response must address the specific issues USCIS has identified and demonstrate how the evidence supports your eligibility.

Need help? The Law Offices of Carla A. Anzaldi can help you review your notice, determine what evidence may be needed, and prepare an appropriate response.

Discover our Permanent Work Visa Solutions and get help navigating your employment-based immigration case today.