If you’re a scientist, engineer, or high-tech professional pursuing an EB-1A green card, receiving a Request for Evidence (RFE) from USCIS can feel like a setback. But don’t worry – an RFE is not a denial.
It’s simply a request for more information to help USCIS make a decision on your case. As an immigration attorney with over 15 years of experience handling complex immigration petitions, I’m here to guide you through this process and help alleviate your stress.
What is a Request for Evidence (RFE)?
First, take a deep breath. An RFE is a normal part of the process for many EB-1A petitions, especially given the high standard of proof required. The officer reviewing your case needs additional evidence to determine if you meet the criteria for “extraordinary ability.” This is your opportunity to strengthen your case.
Steps to Take When You Receive an RFE
- Read the RFE carefully: The RFE will specify exactly what additional evidence USCIS needs. Make sure you understand each point they’re asking about.
- Don’t panic: Remember, this is not a denial. It’s a chance to provide more information and clarify any points of confusion.
- Act quickly but thoroughly: You typically have 87 days to respond to an RFE. While this might seem like a long time, gathering additional evidence can be time-consuming. Start working on your response immediately.
- Address every point: Make sure you respond to each item requested in the RFE. Failing to address even one point could result in a denial.
- Provide new, substantial evidence: Don’t simply resend documents you’ve already submitted. The RFE is asking for additional evidence, so make sure you’re providing new, compelling information.
- Seek professional help: An experienced immigration attorney can be invaluable in crafting a strong RFE response. They can help you understand what USCIS is really asking for and how best to present your evidence.
Common RFE Issues for EB-1A Petitions
Based on my experience, here are some common reasons USCIS might issue an RFE for an EB-1A petition:
- Insufficient evidence of sustained national or international acclaim
- Lack of clarity on how your contributions are of major significance in your field
- Questions about the prestige of your awards or the exclusivity of your memberships
- Need for more context about your role in critical or leading organizations
- Requests for more evidence of your high salary compared to others in your field
How to Strengthen Your RFE Response
- Provide expert opinion letters: Letters from recognized experts in your field can help contextualize your achievements and their significance.
- Include more detailed evidence: If USCIS questions the prestige of an award, provide documentation about the selection process, the number of recipients, and the award’s reputation in your field.
- Offer comparative evidence: If possible, provide data that shows how your achievements or salary compare to others in your field.
- Explain the impact of your work: Use concrete examples and data to show how your work has influenced your field or led to advancements.
- Clarify any misunderstandings: If it seems USCIS has misunderstood some aspect of your petition, provide a clear, detailed explanation.
Remember, responding to an RFE is not just about providing more documents – it’s about telling your story in a compelling way that clearly demonstrates your extraordinary ability.
Don't Go It Alone
At our boutique immigration law firm, we’ve been helping scientists, engineers, and high-tech professionals overcome immigration hurdles for over 15 years. We understand the nuances of EB-1A petitions and have a track record of successfully responding to RFEs.
If you’ve received an RFE on your EB-1A petition, we’re here to help. Let us put our domain experience to work for you, ensuring that your response is comprehensive, compelling, and timely. Together, we can turn this challenge into an opportunity to make your case even stronger.
Remember, an RFE is just a bump in the road, not the end of the journey. With the right approach and experienced guidance, you can successfully navigate the EB-1A review process and move one step closer to your green card. Don’t let the stress of an RFE overwhelm you – reach out to us, and let’s tackle this together.
