H1B RFE Reasons 2025: What Is a Request for Evidence in an H1B Case?

 

Receiving a Request for Evidence (RFE) from USCIS can be disturbing, especially when your job offer, visa status, and future plans are on the line. For many H1B applicants, that dreaded notice can feel like a rejection. But here’s the truth: an RFE doesn’t mean your case will be denied. It simply means USCIS needs more information before making a decision.

In this guide, we’ll explain what an RFE really means, break down the most common H1B RFE reasons in 2025, and share practical steps for responding effectively. If you’re dealing with an RFE or preparing your H1B petition, this guide is for you.

What Is a Request for Evidence (RFE) in H1B Cases?

A Request for Evidence (RFE) is an official notice issued by USCIS when an H1B petition lacks sufficient documentation to approve the case as filed. It’s essentially a second chance to prove your eligibility.

RFEs are issued when USCIS needs clarification or additional documents, whether related to your qualifications, the job offer, or the employer’s details. Once an RFE is issued, your case is paused until a complete response is submitted within the deadline (usually between 30–90 days).

It’s important to know that an RFE is different from a NOID (Notice of Intent to Deny), which signals more serious concerns. An RFE is not a denial, but it’s your opportunity to correct or strengthen your application before a final decision is made.

Common H1B RFE Reasons in 2025

Employer-Employee Relationship Is Unclear

USCIS wants to see clear evidence that the H1B employer maintains control over the employee’s work. This becomes especially important in cases where the employee works off-site or at a third-party location. If contracts and reporting structures aren’t clearly laid out, USCIS may question whether a real employer-employee relationship exists.

Doubts About the Specialty Occupation

A common RFE reason is USCIS questioning whether the role qualifies as a “specialty occupation.” If the job duties seem generic or could be performed by someone without a degree, the officer may request detailed proof that a bachelor’s degree in a specific field is truly required.

Wage Level Doesn’t Match the Job

If the wage level selected on the Labor Condition Application (LCA) seems too low for the responsibilities described, that’s a red flag. For example, listing Wage Level I while describing duties that suggest a mid-level or senior position can trigger an RFE based on a perceived mismatch.

Missing or Weak Educational Evidence

When the applicant’s degree isn’t from a U.S. institution, or if the degree doesn’t directly align with the job duties, USCIS may ask for a credential evaluation or additional proof. This is common when education is from outside the U.S. or in a less conventional field.

Lack of Third-Party Worksite Documentation

When the H1B worker will be stationed at a client or third-party location, USCIS expects detailed contracts, letters, and project documentation. If there’s no clear evidence of work arrangements at that site, USCIS may doubt the existence or legitimacy of the role altogether.

Status Maintenance Issues During Transfers

H1B transfers can trigger RFEs when the applicant’s past immigration status is unclear. Missing pay stubs, unexplained employment gaps, or lack of documentation showing valid status during the previous job can all lead to an RFE.

How to Respond to an H1B RFE

Meet the Deadline Without Excuses

Every RFE comes with a strict deadline, usually 30, 60, or 90 days. USCIS won’t extend it. Missing the deadline will almost always result in a denial. Respond as early as possible to avoid last-minute errors or missing documents.

Organize Evidence Like a Legal Brief

Your response packet should be professionally structured: start with a cover letter, then include a table of contents and clearly labeled exhibits. Make it easy for the reviewing officer to understand what each document proves and how it satisfies their concerns.

Use Precise, Relevant Documentation

Don’t overwhelm USCIS with filler documents. Use direct, case-relevant evidence. That includes signed contracts, expert letters, certified credentials, project timelines, and any materials that specifically address the RFE’s concerns.

Tailor Your Response to the RFE’s Language

Don’t send a generic response. Use the RFE language as your guide. Address each concern point-by-point, and make sure your evidence clearly responds to what’s being asked. Use similar terminology so it’s clear you understand what USCIS wants.

Involve an Experienced Immigration Attorney

RFEs are legal challenges, not just paperwork problems. An experienced immigration attorney can review your case history, interpret the USCIS request, and craft a response that makes the strongest possible legal argument in your favor.

Prevention Strategies for Future H1B Filings

RFEs are stressful and time-consuming. Avoiding them from the beginning is ideal. Here’s how:

  • Write clear, detailed job descriptions that reflect real responsibilities and degree-level skills.
  • Select appropriate wage levels that match the complexity of the job and justify them with labor data.
  • Work only with employers who understand H1B compliance, especially when third-party placements are involved.
  • Prepare degree evaluations in advance for any non-U.S. credentials.
  • Keep full records of employment, status maintenance, and immigration history.
  • Stay informed about USCIS trends and policy changes.

Final Thoughts

RFEs are common, especially for H1B petitions. However, they’re not automatic denials. They’re a second chance. How you handle them determines what happens next. The key is knowing what USCIS expects and delivering a clear, professional, and complete response.

If you’ve received an RFE, don’t guess your way through it. Every RFE is unique. The wording, the evidence, and the timing matters. Get professional help if needed. It’s far easier to get an RFE approved than to restart the entire process from scratch.

If you’re unsure how to respond or need help understanding the details, don’t go it alone. You can ask your immigration questions for free on Immigration Question and get an immigration lawyer’s advice within hours. You may even qualify for a free legal consultation.

Frequently Asked Questions

  1. What is an RFE in an H1B visa case?

An RFE is a Request for Evidence from USCIS asking for additional documentation before deciding on your H1B petition.

2. How long do I have to respond to an H1B RFE?

Typically, you’ll have 30 to 90 days to respond, depending on the notice. Check the deadline listed on your RFE carefully.

3. What are the most common H1B RFE reasons in 2025?

The most common reasons include unclear employer-employee relationships, questions about the specialty occupation, low wage levels, insufficient proof of qualifications, and third-party worksite concerns.

4. Can I get denied after submitting an RFE response?

Yes. If the response doesn’t satisfy USCIS’s concerns, your petition can still be denied. That’s why it’s important to be thorough and accurate.

5. Should I hire a lawyer to respond to my H1B RFE?

Absolutely recommended. An experienced immigration lawyer’s advice can help you craft a legally sound response and improve your chances of approval.

6. What happens if I ignore the RFE from USCIS?

If you don’t respond by the deadline, your H1B petition will likely be denied. Always take RFEs seriously and respond within the required timeframe.

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