H-1B RFE Guide: Tips & Insights

Receiving an RFE (Request for Evidence) notice from USCIS can feel unsettling, but it doesn't mean your H-1B petition is in trouble or that approval is unlikely. The good news: most H-1B petitions with RFEs are ultimately approved.

An RFE is a formal notice from U.S. Citizenship and Immigration Services requesting additional information before deciding on your H-1B visa petition. USCIS issues these notices when adjudicators need more documentation to confirm eligibility. According to USCIS data, 79.8% of H-1B petitions that received RFEs in FY 2023 were ultimately approved. Understanding what triggers an RFE and how to respond effectively within the timeframe increases your chances of H-1B approval.

What is an H-1B RFE?

An H-1B RFE is a notification from USCIS indicating that additional evidence is needed to determine whether your Form I-129 petition meets eligibility requirements. When adjudicators review your H-1B application, they may find documentation missing or insufficient to establish that the foreign national qualifies for H-1B classification.

The RFE gives you an opportunity to provide additional information before USCIS makes a final decision. This differs from a Notice of Intent to Deny (NOID). An RFE means your case still has a clear path to approval but USCIS needs validation of specific points before proceeding.

The RFE rate has fluctuated significantly. In FY 2024, approximately 10.5% of H-1B petitions received RFEs, down from 40.2% in FY 2019. H-1B cap-exempt petitions and continuing employment cases typically see lower RFE rates than initial cap-subject filings.

Why USCIS issues H-1B RFEs

USCIS issues an RFE when the reviewing officer cannot determine eligibility based on the submitted documentation. USCIS needs more information when the original petition contains incomplete evidence or unclear job descriptions. Adjudicators compare materials against regulatory criteria, and if anything appears inconsistent, they request additional evidence rather than denying outright.

Receiving an RFE doesn't necessarily indicate problems. In many situations, USCIS simply needs clarification on points not fully addressed in the initial filing. The petitioning employer and beneficiary should view the RFE as an opportunity to strengthen the case.

Most common reasons for H-1B RFEs

Understanding these categories helps strengthen initial petitions and improve your RFE response if you receive one.

Specialty occupation questions

The most common RFE involves challenges to whether the position truly qualifies as a specialty occupation requiring a bachelor's degree in a specific field. Generic job descriptions trigger scrutiny from adjudicators. USCIS examines whether the role demands specialized knowledge and whether job duties align with degree requirements. Detailed documentation of in-house technical requirements strengthens the case.

Wage level concerns

Even though Level 1 wages technically qualify, they trigger RFEs because USCIS questions whether entry-level compensation matches complex, specialized positions. The petitioning employer must justify the wage level relative to job duties.

Beneficiary qualifications

USCIS examines whether the beneficiary holds appropriate credentials. The degree must relate to the job offered. Foreign nationals with non-U.S. degrees may need equivalency verification. Beneficiary qualifications RFEs also arise when USCIS perceives a mismatch between the field of study and job title. Three years of experience can substitute for one year of education, with the proper documentation.

Employer-employee relationship

This RFE is critical for third-party placements. USCIS evaluates whether the petitioning employer maintains control over the beneficiary's work, including off-site and worksite arrangements. Evidence includes contracts, work orders, and organizational charts showing how the employer supervises foreign workers at client locations.

Availability of work

USCIS requires evidence of specific, non-speculative assignments for the entire petition period. This applies to both off-site placements and in-house positions. Petitions cannot rely on anticipated contracts.

Maintenance of status

This RFE affects foreign nationals transitioning from F1 status to H-1B, particularly those who used OPT or CPT. Day 1 CPT users face scrutiny. USCIS verifies the beneficiary maintained lawful nonimmigrant status throughout their U.S. presence. Evidence includes pay stubs, I-94 records, and employment verification letters.

LCA correspondence

The Labor Condition Application (LCA) must match the petition details. Job title, wage level, and worksite location must align. The LCA serves as validation that the employer will pay prevailing wages.

AC21 and the six-year limit

H-1B status is limited to six years. Extensions beyond the six-year limit require an approved or pending Form I-140 or recapturable time abroad. These extensions support foreign workers pursuing a green card through employment-based categories.

Being aware of RFE categories and required evidence helps employers and H-1B workers respond promptly and maintain compliance with visa requirements.

H-1B RFE timeline and processing

USCIS provides 84 days from RFE issuance to submit your RFE response. Mail delivery adds three days, totaling 87 days. The deadline is the receipt date, not the postmark. USCIS does not grant extensions. You have one opportunity to respond within this timeframe.

After USCIS receives your response, the timeline depends on premium processing. Premium processing requires action within 15 business days. Standard processing takes two to six months. Filing fees for premium processing are separate from base petition fees.

Keeping track of the RFE deadline and processing timelines is essential to ensure a smooth continuation of your H-1B petition.

How to respond to an H-1B RFE

The immigration process for responding requires careful attention. Your RFE response becomes part of the permanent record.

Step 1: Read the RFE thoroughly. Understand what USCIS needs. Create a checklist from each point in the "evidence lacking" section. Note specific beneficiary qualifications or specialty occupation issues raised.

Step 2: Gather required evidence. Address every point. For specialty occupation RFEs, gather expert letters documenting why the role requires specialized knowledge. For employer-employee concerns, compile contracts showing worksite arrangements. Include pay stubs and CPT documentation for maintenance of status issues.

Step 3: Work with an immigration attorney. Consider seeking legal advice from a law firm experienced in the H-1B immigration process. An immigration attorney can identify gaps and strengthen arguments. Given the limited timeframe, engage counsel immediately.

Step 4: Structure your response. Include a table of contents, point-by-point responses with corresponding evidence, and clearly labeled exhibits addressing each RFE issue.

Step 5: Submit before the deadline. Use tracked delivery. Keep copies of your entire RFE response package.

Step 6: Complete biometrics if required. Both documentary response and biometrics must be completed for USCIS to proceed with adjudication.

Common mistakes to avoid

Avoiding these pitfalls improves your chances of a successful outcome:

• Submitting incomplete responses, hoping to supplement later: USCIS accepts only one RFE response. Whatever you submit first is what adjudicators will review, regardless of additional materials you might want to send afterward.
• Providing generic evidence not tailored to specific RFE questions: Each point in the RFE notice requires corresponding evidence that directly addresses that specific concern. Boilerplate documentation weakens your case.
• Missing deadlines due to underestimating preparation time: Start gathering documents immediately. Complex evidence, such as CPT documentation, credential evaluations, or expert opinion letters, takes time to obtain.
• Failing to address every point raised in the RFE notice: Overlooking even one question can result in denial. Use a checklist to confirm every item is addressed.
• Assuming an RFE means automatic denial and not responding: Most RFE cases are approved with proper responses. Not responding guarantees denial or abandonment.
• Sending responses without delivery tracking: Use tracked delivery, such as USPS Certified Mail to confirm USCIS received your submission and to validate receipt timing.

What happens if you miss the deadline?

USCIS does not grant extensions. Missing the deadline results in abandonment or denial. This often means re-entering the H-1B lottery if cap-subject, or gaps in nonimmigrant status. The H-1B cap restrictions make a timely response critical.

H-1B RFE approval rates

In FY 2023, 79.8% of petitions receiving RFEs achieved H-1B approval. The RFE rate dropped from 40.2% in FY 2019 to 10.5% in FY 2024. Initial employment petitions face higher RFE rates than H-1B extension cases. Cap-exempt employers and continuing employment petitions typically see better outcomes.

How Lighthouse supports H-1B RFE responses

The immigration process for RFE responses requires coordination across USCIS requirements and legal standards. You have one submission opportunity, making comprehensive preparation critical. A well-prepared RFE response determines whether your H-1B application succeeds.

Lighthouse provides eligibility diagnostics, expert guidance on documentation, legal advice and legal review of response packages, and dedicated case management. Our approach coordinates deadlines, evidence compilation, and filing fees through technology combined with experienced immigration teams. We help employers and foreign workers navigate the H-1B immigration process efficiently.

Start your H-1B evaluation today.

Frequently asked questions

How long does an H-1B RFE take?

The response deadline is 84-87 days. After USCIS receives your RFE response, premium processing requires a decision within 15 business days; standard processing takes two to six months, depending on the service center workload.

How to respond to RFE for H-1B?

Read the RFE carefully, gather comprehensive evidence including pay stubs and job duties documentation, work with an immigration attorney from a qualified law firm, and submit organized documentation before the deadline using tracked delivery.

What are the most common types of H-1B RFEs?

Specialty occupation challenges questioning bachelor's degree requirements, employer-employee relationship concerns for off-site placements, beneficiary qualifications issues, maintenance of status questions involving CPT or OPT, and wage level concerns.

Does an RFE mean my case is approved?

No. An RFE means USCIS needs additional evidence. However, 79.8% of RFE cases achieved H-1B approval in FY 2023. A thorough RFE response addressing what USCIS needs significantly improves chances.

Can I work while my H-1B RFE response is pending?

If responding to an H-1B extension RFE and your previous nonimmigrant status hasn't expired, you can continue working up to 240 days. For initial H-1B petitions, you cannot work until USCIS approves.

What happens after submitting my RFE response?

USCIS updates your case status. Adjudicators review your submission and determine eligibility. Alternatives such as the O-1A visa or employment-based green card pathways may be worth exploring with legal advice.

Who has to pay $100,000 for an H-1B visa?

The $100,000 fee stems from a 2025 Presidential Proclamation affecting certain employers of foreign workers. This is separate from the RFE process. Standard H-1B filing fees remain lower, covering base fees and fraud prevention fees.