What Is a Request for Evidence (RFE)? What to Do First

What an RFE is

A Request for Evidence (RFE) is a notice from USCIS saying it needs more evidence before it can decide your case. It lists what is missing or not yet shown, and it gives a deadline. The rules are in 8 CFR 103.2(b)(8), and the USCIS Policy Manual, Volume 1, Part E, Chapter 6, explains how officers use them.

An RFE is not a denial. It is a chance to fill the gaps the officer sees. A complete, organized response matters, because USCIS usually decides the case on what you send back.

RFE or NOID?

A Notice of Intent to Deny (NOID) is different. It says USCIS intends to deny the case and explains why, and it gives you a chance to respond. Read the title of your notice carefully. The response time and the stakes can differ.

USCIS may also deny some filings without sending an RFE or NOID first, when the initial evidence does not show eligibility. Policy Alert PA-2026-05 describes this.

How much time you have

Your notice states the due date. Use that date. Under 8 CFR 103.2(b)(8)(iv), the maximum response period for an RFE is twelve weeks, but the time on your notice can be shorter. USCIS generally does not grant extensions.

Mark the due date in your calendar now, and plan to send the response well before it.

Your three options

Under 8 CFR 103.2(b)(11), you can respond in one of three ways:

• Send a complete response with all the requested evidence.
• Send a partial response and ask USCIS to decide on the record.
• Withdraw the benefit request.

Send everything together

The regulation asks you to submit all the requested materials together, at one time, along with the original RFE. USCIS may not consider evidence sent later in a separate package. Put the notice on top of a paper response.

If you do not respond by the deadline, USCIS may deny the case as abandoned or decide it on the record it already has, under 8 CFR 103.2(b)(13).

How to read your notice

• The header: your receipt number, the form type, the notice date and who it is addressed to.
• The body: what USCIS reviewed, what it found missing and what it asks you to send. Each issue is often a separate paragraph or a numbered item.
• The instructions: the due date, where to send the response and whether you can respond online.
• Any list of suggested evidence. It shows the kinds of records the officer would find helpful. It is not always a complete list, and not every item will fit your case.

Common reasons for an RFE

Every notice is specific to its case, but RFEs in employment petitions often ask about things like:

• Missing initial evidence, such as a degree record, an evaluation or a translation.
• Evidence that shows a claim was made but not that it is true, such as a letter without supporting records.
• Unclear details about the proposed endeavor or the plans for future work.
• Context missing for awards, memberships or media coverage.
• Records that do not match each other, such as different dates or names.

What to do first

• Read the whole notice, not only the first page. Note every separate thing it asks for.
• Write down the due date, the receipt number and the delivery instructions exactly as the notice shows them.
• Make a list with one line per request. For each one, note the records you already have and the ones you need to get.
• Ask for missing records early. Universities, employers and agencies can take weeks.
• Consider talking to an immigration attorney, especially for a NOID or a complex RFE.

How to organize the response

Answer the requests in the order the notice lists them. For each request, write a short explanation and point to the exhibits that answer it, with exact pages. Label new evidence clearly so it is not confused with what you filed before. The guide on organizing an RFE response walks through each step.

This is general information, not legal advice. Check the current USCIS instructions for your form, or ask an immigration attorney about your own case.

Frequently asked questions