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What You Need To Know About

Requests For Evidence

Litwin & Smith, ALC, assists U.S. employers and foreign nationals in obtaining H-1B visas, offering experienced guidance and an industry-leading understanding of the H-1B process. 


An H1B Request for Evidence (RFE) is a request sent by U.S. Citizenship and Immigration Services (USCIS) when an H1B application doesn’t contain the evidence necessary to approve it. An H1B RFE signifies that an H1B application did not include the correct documentation or that the documents provided were incomplete.

RFEs aren’t the end of the application process. With the right help, you can respond to an H1B RFE and keep your visa application on track. The expert immigration attorneys at Litwin & Smith, A Law Corporation, are prepared to help you respond to RFEs in a timely and accurate manner and avoid RFEs in your future applications.

Reasons For Receiving An RFE

Many potential issues can lead to an H1B RFE. These issues are primarily caused by incomplete documentation or a failure to support claims made in the application. According to USCIS, here are the most common reasons applicants receive an RFE:

RFEs can be issued in relation to applications for the initial H-1B visa, a transfer of status or an extension. Information requested can relate to the petitioning employee, the sponsoring employer or both.

How Should You Respond To An RFE?

If you’ve received a Request for Evidence, don’t panic. USCIS has the power to reject petitions outright, but an RFE is not a denial.

Your H1B application still has a chance of approval, but great care must be taken to ensure that your response does enough to remove any areas of doubt or uncertainty that the adjudicator may have regarding your application. For this reason, it’s equally important to ensure that you are completely certain about what it is that you need to clarify in your answer. 

If you do not respond to the RFE on time with adequate supporting evidence, your petition will likely be rejected.

Why Should You Work With An Attorney?

Why Should You Work With An Attorney?

Litwin & Smith is experienced and knowledgeable in all opportunities and requirements associated with non-immigrant H visas. Although an attorney cannot guarantee success of an H-1B application nor obtain an H-1B for an unqualified person, there are still several benefits of working with an attorney:

About Litwin & Smith

At Litwin & Smith, our immigration attorneys offer more than 50 years of experience helping clients navigate the complexities of immigrating to the United States. We are located in the San Francisco Bay Area but work with individuals and employers located throughout the nation and around the globe.
We always work our hardest to make things simple for our clients:
We always work our hardest to make things simple for our clients:



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