H-1B RFE Response: What It Is and How We Can Help
- Shan Potts
- Jul 22, 2025
- 2 min read
An H-1B Request for Evidence (RFE) is a formal notice from U.S. Citizenship and Immigration Services (USCIS) asking for more information before deciding on your H-1B visa petition. While an RFE is not a denial, it is a critical moment in the visa process. A poorly prepared or incomplete H-1B RFE response can lead to a denial—even if your initial petition was strong.
RFEs are becoming increasingly common as USCIS intensifies its scrutiny of employment-based visas. Some of the most frequent reasons for receiving an RFE include:
Questions about whether the job qualifies as a “specialty occupation.”
Insufficient evidence of the employer-employee relationship.
Inadequate documentation of the applicant’s educational qualifications.
Issues with wage level requirements or employer financial viability.
Why the Right Response Matters
A strong H-1B RFE response is essential to ensure your petition moves forward. USCIS gives applicants a fixed deadline to respond, and missing this deadline results in automatic denial. Even when the response is submitted on time, failing to address every point raised by USCIS can result in rejection.
Responding effectively involves more than just submitting documents. It requires:
A detailed understanding of USCIS adjudication trends.
The ability to craft persuasive arguments that meet the legal standards for approval.
Anticipating potential objections and proactively addressing them.
Because USCIS policies shift frequently, having a legal expert prepare your H-1B RFE response dramatically increases your chances of success.
How Shan Potts Law Offices Can Strengthen Your H-1B RFE Response
Shan Potts Law Offices has built a reputation for successfully navigating complex immigration challenges. Our team now offers specialized H-1B RFE response services to support employers and skilled professionals who need precise, well-prepared responses.
When you work with us, you get:
A comprehensive review of the RFE to pinpoint exactly what USCIS is questioning.
Strategic evidence gathering that directly addresses every item in the notice.
Attorney-drafted legal arguments that strengthen the overall petition beyond the initial filing.
Our goal is simple: to turn an RFE—often seen as a setback—into an opportunity to make your case stronger.
Steps for a Successful H-1B RFE Response
If you receive an RFE, here’s what you should do right away:
Read the notice carefully. Understand every piece of information USCIS is requesting.
Start gathering documentation immediately. Time is critical, and the deadline is non-negotiable.
Consult with an experienced immigration attorney. A qualified lawyer will know how to close gaps, strengthen weak points, and create a cohesive narrative.
Next Steps
The H-1B process is highly competitive, and a single RFE can feel like a major obstacle. But with the right guidance, your petition can still succeed. Shan Potts Law Offices has the expertise to craft a winning H-1B RFE response, ensuring your application gets the best chance of approval.
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