“We regret to inform you that USCIS has issued a Request for Evidence…”
Ugh. Those words hit like a gut punch, don’t they?
If you’re here, there’s a good chance you’ve received an H1B RFE—or you’re worried you might. And trust me, you’re not alone. In 2025, RFEs have become a regular speed bump in the H1B journey. More scrutiny. More paperwork. More “prove this, explain that.”
But here’s the thing: an RFE is not the end of the road. It’s not a denial. It’s a second chance. And with the right knowledge, strategy, and documentation, it’s totally winnable. Thousands of applicants get approved after an RFE every single year—and you can too.
In this guide, I’ll walk you through:
- Why USCIS sends RFEs (some reasons are shockingly minor)
- How to respond like a pro (without freaking out)
- What you can do to avoid one altogether
- Real examples and trends straight from recent years
Whether you’re the applicant, the employer, or just an anxious partner in the background—I got you. Let’s take this complicated mess of legal jargon, dig through it, and make it make sense.
Let’s start with the basics: what the heck is an RFE, and why do they keep landing in H1B inboxes like confetti?
📌 What Is an H1B Visa RFE?
Alright, before we panic (or panic harder), let’s take a breath and understand what an RFE actually is.
RFE stands for Request for Evidence, and in the world of H1B visas, it’s basically USCIS saying:
“Hey, we’re not rejecting your case—yet. But we need more info before we decide.”
It’s like a yellow light. Not red. Not green. Just… wait, and prove yourself.
⏳ When Do You Get It?
Usually, RFEs come after your H1B petition is filed—whether you’re part of the lottery or doing a transfer or extension. If something doesn’t look right to the officer reviewing your case, they’ll flag it. You’ll receive a formal notice (by mail or electronically if you’re set up with online access), and it’ll list exactly what they want.
The clock starts ticking the moment you receive it. Most RFEs give 60 to 87 days to respond. Miss the deadline? Game over. The petition gets denied.
🔍 What Does an RFE Look Like?
Think of it as a USCIS “checklist meets interrogation.” It’ll say:
- What they’re questioning (like job duties, wage level, education)
- Why they’re questioning it
- What evidence they want you to provide
- How to send it back (format, address, etc.)
Some RFEs are just one issue—others are a whole buffet of demands.
❓ RFE vs. NOID: What’s the Difference?
A NOID (Notice of Intent to Deny) is harsher. It means the officer has already decided there’s enough to deny your petition—but they’re giving you a final chance to prove them wrong. It’s like being on the edge of the cliff.
An RFE, though? That means they’re still open to approving your case—they just need convincing.
🎯 Why This Matters
The RFE stage is where cases are won or lost. And not because the petition was bad—but because the response was sloppy, rushed, or incomplete.
So if you (or your employer) get one, don’t treat it like a casual request. It’s your one shot to clarify, clean up, and nail your argument.
⚠️ Top Reasons Why USCIS Issues RFEs in 2025
You submitted everything. You dotted the i’s, crossed the t’s. So why did you still get hit with an RFE? 😤
Welcome to 2025—where USCIS loves to double-check everything. The smallest inconsistency can trigger a request for evidence. And no, it’s not always your fault. Sometimes, it’s the way job roles are framed, how wage levels are interpreted, or just good ol’ government bureaucracy doing its thing.
Let’s break down the most common culprits behind H1B RFEs this year:
🎓 1. Specialty Occupation Doubts
This one is still the number one reason. USCIS doesn’t just want to know your job is technical—they want proof it requires at least a bachelor’s degree.
Your title might say “Analyst” or “Developer,” but that’s not enough anymore. They want:
- Specific job duties
- How those duties require specialized knowledge
- A match between your degree and the job
- Industry standards showing this isn’t a general role
Pro Tip: Vague job descriptions = RFE magnet.
🤝 2. Employer-Employee Relationship
Especially with remote work and third-party placement, USCIS wants to know: Are you actually being supervised by the petitioner?
They’ll question:
- Whether you work on-site or at a client location
- If the employer controls your work
- Whether there’s documentation (contracts, org charts, etc.) proving this relationship
If you’re working offsite or at a consulting client, expect scrutiny.
💵 3. Wage Level Issues
Filing with a Level I wage? You better justify why. USCIS often sees Level I wages as “too junior” for an H1B role, especially for IT or engineering positions.
You’ll need to explain how the job is still complex and degree-dependent—even if it’s entry-level.
📑 4. Degree or Education Mismatch
Got your degree from another country? Not directly related to your job title? Get ready.
They may ask for:
- Credential evaluations
- Translations
- Course breakdowns
- How your education directly applies to the role
And if you’re trying to qualify with work experience? You’ll need airtight documentation.
📍 5. Maintenance of Status Issues
For those changing from F-1, CPT, OPT, or other statuses, USCIS may want proof that you maintained lawful presence in the U.S. throughout.
Any gaps, overstays, or unauthorized employment = red flag.
🧾 6. Third-Party Worksite or Client Letter Problems
Working at a third-party site (like a tech client or contractor office)? You’ll likely need:
- A signed client letter
- Project details
- Duration, job duties, and proof of control
No vague contracts. No placeholders. They want receipts.
Bottom line? USCIS in 2025 is playing it cautious. Every detail matters, and even the smallest inconsistency can open the RFE floodgates.
Don’t stress—just stay sharp. And when the RFE hits, be ready with your response.
🧠 How to Respond to an H1B RFE Effectively
Okay, so you got the RFE. Your stomach’s in knots, your inbox feels cursed, and your boss is asking, “What does this mean for your start date?”
Here’s the truth: how you respond to an RFE can make or break your H1B case. This is the moment to stay cool, get organized, and treat the next few days like you’re prepping for the biggest presentation of your life. Because in a way—you are.
Let’s break it down.
🗂 Step 1: Read the RFE Like a Lawyer (Or With One)
First things first—read every single word of that RFE. Don’t skim it. Don’t guess what it means. Every RFE spells out exactly what USCIS wants and why they’re not yet convinced.
Pay attention to:
- The specific issues flagged (e.g., specialty occupation, client relationship)
- The types of evidence requested
- The tone—some RFEs are harsher than others
- Your deadline (usually 60 to 87 days)
📌 Tip: If you’re unsure about the legal terms, get help from a qualified immigration attorney. This isn’t the time to wing it.
📁 Step 2: Build a Killer Response Packet
This is where most people either win or lose. Your response should be clear, complete, and convincing.
Here’s what to include:
- A cover letter that summarizes your argument
- Each piece of requested evidence, labeled and organized
- Expert opinions or evaluations if needed (especially for degrees, job roles, wage levels)
- Supporting documents: contracts, letters, org charts, project plans, academic evaluations, etc.
📎 Everything should connect directly to the issue raised. No fluff. No missing links.
🚫 Step 3: Don’t Make These Common Mistakes
- Ignoring vague language — If USCIS asks for something unclear, respond with more than enough detail.
- Sending too little — “Less is more” does not apply here. You want to over-explain, not under-deliver.
- Missing deadlines — If you’re even a day late, your petition could be denied without further notice.
- Sending evidence in the wrong format — USCIS is picky. Make sure it’s printed, organized, and shipped exactly as they ask.
🤝 Step 4: Work With an Immigration Attorney
Even if you didn’t use one for the initial petition—this is your moment to get pro help. Lawyers who specialize in H1Bs know how to phrase things, what USCIS wants to hear, and how to frame your case for success.
Seriously, don’t go it alone if you don’t have to.
📤 Step 5: Submit It Like a Pro
Send your RFE response:
- With a tracking number
- In hard copy (no email)
- With clear labels and a table of contents if it’s a big packet
- Before the deadline—even one day early is better than one hour late
Bottom line? Treat your RFE response like a job application that could change your life. Because it kinda is.
📊 H1B RFE Trends and Statistics (2020–2025)
If it feels like H1B RFEs have become the norm instead of the exception—you’re not imagining things. Over the past five years, USCIS has shifted its approach, and RFEs have gone from “rare and alarming” to “expected and annoying.” 😒
Let’s break down what’s been happening—and what 2025 looks like so far.
📈 RFE Rates by Fiscal Year
Here’s the tea. Between FY 2020 and FY 2022, we saw sky-high RFE rates—nearly 40% of H1B petitions received one. Under the Trump administration, scrutiny peaked, especially for tech roles and third-party placements.
Then came 2023–2024:
- RFEs slightly declined thanks to policy shifts and lawsuits pressuring USCIS to be more transparent.
- But don’t get too comfy—the rate still hovered around 25%–30%.
Now in 2025, early data shows:
- 27–29% of H1B petitions are receiving RFEs
- First-time applicants are slightly less targeted than transfers or extensions
- Complex roles like Business Analyst or Data Scientist still face more scrutiny than traditional Software Engineer roles
So yeah—it’s better than before, but still far from smooth sailing.
✅ Approval Rates After RFE Response
Here’s the good news: most RFEs don’t end in denial. According to USCIS data and immigration attorneys on the ground:
- 70%–80% of H1B petitions that respond properly to RFEs get approved
- Strongest success rates come from cases with legal guidance and detailed documentation
- Poorly drafted or rushed responses = much higher chance of denial
So if you get one, don’t freak—just respond like a champ.
🧬 Industry Trends: Who Gets Targeted?
Some fields are RFE magnets. Why? USCIS loves to nitpick roles that might be too “general” or “non-specialized.”
Top industries flagged:
- IT & Consulting (especially roles involving client work or offsite assignments)
- Business & Finance (analyst roles often get pushed back)
- Marketing & Comms (USCIS still doubts these require a specific bachelor’s degree)
STEM fields like engineering and software development tend to fare better—if the job duties are detailed clearly.
🏛️ Political Impact: Why Policy Still Matters
The Trump era brought rigid memos, stricter adjudication, and denial-first culture. Many of those policies were later rescinded, but some mindsets linger inside USCIS.
2025 is a rebuilding year—policies are more relaxed on paper, but officers still vary wildly in how they interpret RFEs.
Bottom line? H1B approval is part luck, part prep, and part knowing what trends to expect.
Next, let’s get practical and show you how real people respond and win.
📄 Sample RFE Scenarios and Winning Response Strategies
You know what makes RFEs less scary? Seeing how other people beat them. Let’s dig into realistic H1B RFE scenarios and how people turned a frustrating obstacle into a glowing approval notice. Because yes—it happens all the time when you play it smart.
🧪 Scenario 1: “Specialty Occupation” for a Data Analyst Role
The RFE Said:
“USCIS is not convinced that a Data Analyst position qualifies as a specialty occupation that requires a bachelor’s degree.”
What Worked:
- The employer submitted detailed job duties—not generic tasks, but in-depth explanations showing how statistical modeling, database querying, and forecasting techniques require specialized training.
- They attached job ads from competitors showing similar roles required a degree in math, statistics, or computer science.
- An expert opinion letter from a university professor broke down why the job couldn’t be done without a bachelor’s degree or higher.
- They even included a chart mapping the employee’s coursework to the skills needed on the job. (🔥 Nice touch.)
Result: Approval granted within 3 weeks of submission.
👨💼 Scenario 2: Third-Party Placement for a Software Developer
The RFE Said:
“USCIS needs proof of employer-employee relationship and work assignments at the third-party client location.”
What Worked:
- They provided a signed client letter with exact project details, job title, daily responsibilities, and worksite location.
- They submitted contracts between the petitioner and the staffing agency, and the agency and the end-client (a clean documentation chain).
- The employer included proof of supervision: weekly reports, communication logs, and task assignment emails.
- An org chart showed the worker’s direct supervisor and their role at the end-client’s site.
Result: RFE overcome, petition approved.
🎓 Scenario 3: Degree Doesn’t Match Job Title
The RFE Said:
“Beneficiary holds a degree in Mechanical Engineering, but the position offered is in Software QA.”
What Worked:
- The team submitted a professional credential evaluation showing coursework in programming and software systems.
- They added letters from previous employers verifying QA experience.
- An expert opinion letter explained how modern engineering degrees include substantial CS education.
- They broke down the H1B candidate’s actual job duties and how they required technical knowledge covered in his degree and work history.
Result: USCIS approved the petition with zero follow-up.
💡 Bonus Strategy: The Cover Letter That Seals the Deal
Every winning RFE packet included a well-structured, professional cover letter. It should:
- Recap the original issue
- List exactly what evidence is included
- Clearly link every document to the USCIS concern
- Be confident, clear, and respectful (but persuasive AF)
Moral of the story? 📌
There’s no “one-size-fits-all” RFE response. But when you understand the issue, gather airtight evidence, and speak USCIS’s language, your odds go way up.
You’ve seen how to defend yourself. Now let’s talk about prevention 🛑
💡 Tips to Avoid RFEs When Filing Your H1B Petition
You know what’s better than winning an RFE? Never getting one in the first place.
And no, it’s not about luck. It’s about planning like a pro and thinking like a USCIS officer before you hit “submit.”
If you’re getting ready to file—or helping someone who is—these tips can seriously save you months of headaches.
🧾 1. Nail the Job Description
This is the most common RFE trap. Vague job titles or generic duties raise red flags.
✅ Do this instead:
- Get specific. Include tools, techniques, platforms, and actual tasks.
- Show why a degree is essential—don’t just say “software developer,” say “uses Java to build distributed cloud systems.”
- Align duties with the Specialty Occupation criteria under 8 CFR 214.2(h)(4)(ii).
🚫 Avoid copy-pasting from other petitions or internal HR docs—they’re not written for USCIS.
💼 2. Pick the Right SOC Code and Wage Level
Your job code and wage level must match your position and experience. Mismatches = instant suspicion.
✅ Use the DOL’s wage data and select a wage level that reflects the job’s complexity.
Level I is often fine for junior roles—but ONLY if you justify it.
📌 Pro tip: Add a paragraph in your petition explaining why the wage level makes sense based on the candidate’s background and job expectations.
📑 3. Get the Client Letter Before You File (if applicable)
If you’re working at a third-party site, a signed, specific client letter is GOLD. Don’t wait until USCIS asks for it—include it with the initial filing.
The letter should:
- Confirm job title and duties
- List the worksite location
- Specify project duration
- Acknowledge the petitioner’s control over the employee
🎓 4. Include Degree Evaluations Proactively
If the beneficiary’s degree is:
- From a non-U.S. institution
- Not an exact match for the job title
…go ahead and include a credential evaluation in the initial petition. It helps avoid confusion and shows you’re serious about proving qualifications.
📂 5. Organize Your Petition Like a Boss
Don’t dump papers and hope for the best.
✅ Use tabs, labels, a table of contents.
✅ Include a cover letter that walks USCIS through your case.
✅ Double-check every document for consistency—spelling, dates, job titles, addresses.
Remember, adjudicators go through hundreds of cases. Make it easy for them to say yes.
🤝 6. Work With a Lawyer (Especially for Complex Cases)
It’s not always required—but it can seriously lower your RFE risk.
Immigration attorneys know the patterns, the traps, the templates. And they know how to pre-respond to common USCIS doubts before the RFE ever hits your mailbox.
No strategy is foolproof, but if you follow these steps, your chances of sailing through without an RFE are way higher. And even if you still get one—you’ll be ready.
📚 H1B Visa RFE Resources for Employers and Applicants
You don’t need to face an RFE with just Google and panic. Whether you’re an HR manager, a startup founder trying to keep your talent, or the H1B hopeful yourself—having the right tools makes a huge difference.
Here are the best places to find help, examples, and support when dealing with H1B RFEs in 2025:
🏛️ 1. Official USCIS RFE Guidance
Yes, it’s dry. Yes, it’s useful.
✅ Link: USCIS RFE Overview
This page breaks down the basics: timelines, delivery methods, and what happens if you don’t respond.
📝 They won’t give you strategy—but they will tell you the rules.
📂 2. Sample RFE Response Letters
Want to see what a real RFE response looks like? Some legal blogs and immigration forums post sanitized templates.
Try:
⚠️ Heads up: These are examples, not one-size-fits-all templates. Always adapt to your case.
⚖️ 3. Legal Support Platforms
If you’re not working with an immigration attorney yet, now might be the time.
Trusted firms that offer RFE help:
- Fragomen LLP
- Murthy Law
- Siskind Susser
- ImmigrationGirl.com (by attorney Emily Neumann)
- Boundless Immigration (if you’re going the DIY + legal check route)
Many of these offer free consultations or affordable one-time RFE review services.
🧠 4. Educational Tools & Webinars
Want to level up your H1B knowledge? These resources break it down in plain English:
- YouTube Channels like H1B Guy, Immigration for Tech
- AILA (American Immigration Lawyers Association) – tons of professional insights
- LinkedIn Events – many law firms host live sessions on H1B trends and RFE strategies
🤝 5. Peer Support Groups
Sometimes, what you need most is someone who’s been there.
Try:
- Reddit’s r/immigration or r/h1b
- WhatsApp/Telegram groups (search: “H1B RFE 2025”)
- Facebook groups like “H1B Visa Discussion Forum”
You’ll find people swapping stories, sharing updates, and offering tips based on real experiences.
💬 Bonus: What to Ask a Lawyer When You Get an RFE
- How serious is this RFE?
- What’s our strongest evidence for this specific issue?
- Have you handled this type before—and what was the outcome?
- Should we consider premium processing to speed things up?
- What are our odds, realistically?
Information is power—and having the right links, questions, and examples makes a tough process feel just a little less overwhelming.
✅ Conclusion: Turning an RFE Into an Approval
Getting an H1B RFE can feel like a punch to the gut—but let’s be clear: it’s not a rejection. It’s a second chance. A curveball, sure. But one you can absolutely hit out of the park if you respond with clarity, evidence, and confidence.
In 2025, RFEs are part of the game. They don’t mean your case is weak. They mean USCIS wants more—and you have the power to give it to them.
Let’s recap your keys to success:
- Know why RFEs happen—and stay ahead of common triggers
- Respond with organized, tailored evidence (no fluff, no filler)
- Work with legal pros when it counts (hint: during the RFE stage, it always counts)
- Avoid RFEs entirely when you can—by filing smarter from the start
- Lean on community, resources, and expert guidance to navigate the maze
Thousands of H1B petitions that get RFEs go on to be approved. Yours can be one of them.
So take a breath. Get your docs in order. Talk to your team. And face this head-on.
Because the RFE isn’t the end—it’s just the middle of your approval story. And you’ve got what it takes to finish it strong.
🧳 Next Step?
Download your RFE checklist, connect with an attorney, or share this guide with someone going through it. The more we learn, the fewer denials we face—together.
📚 Further Reading: Master Your H1B Visa Journey
Want to dive deeper into H1B visas, RFEs, and winning strategies? Here are some resources and guides to help you stay one step ahead:
🧠 In-Depth Guides on H1B and RFEs
- ✅ How to Write a Strong RFE Response for H1B
- ✅ Top 10 Reasons USCIS Issues RFEs
- ✅ Sample RFE Responses and USCIS Expectations
📊 Official Sources & Policy Updates
- 📄 USCIS RFE Overview Page
- 🧾 USCIS H1B FY 2025 Cap Season Updates
- 📘 8 CFR §214.2(h) – Regulatory Text on H1B Visas
📺 Watch and Learn
💬 Connect with the H1B Community
- 🔍 Reddit: r/h1b – Real talk from real applicants
- 📱 [Telegram Groups: “H1B Visa Help” or “RFE 2025 Support”] – Search in your Telegram app
- 👥 Facebook Group: H1B Visa Discussion Forum
⚖️ Find Professional Support
- 🧑💼 Murthy Law Firm – RFE Representation
- 🧑💼 Fragomen – H1B Petition Assistance
- 🧑💼 Siskind Susser – Tech & Startup Immigration