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Request for Evidence

January 01, 1970

A Request for Evidence (RFE) is a request issued by the United States Citizenship and Immigration Services to petitioners for residency, citizenship, family visas, and employment visas. Examples of petitions for which a RFE may be issued are Form I-129 (alien worker authorization), Form I-140 (immigrant worker authorization), and Form I-130 (family visas).[1][2]

The RFE is intended for use in cases where the adjudicator (the person evaluating the petition) believes that there is not enough evidence to approve the petition, but also believes that the petition may be redeemable, and that there is no clear factual or statutory basis for denial.[2]

The RFE, when used, should be as clear as possible about what types of additional evidence are needed to fill in the gap, and what inconsistencies or problems have been found in the evidence submitted so far. It is not intended for use for the adjudicator's reassurance in cases where there is enough evidence to approve the petition.[1] It is sent to, and the response must be sent by, the petitioner (or the attorney representing the petitioner, in cases where the petition is filed through an attorney) rather than the beneficiary.[citation needed]

Related communications edit

Differences with NOID edit

The following are some key differences between the RFE and the Notice of Intent to Deny (NOID):[1][2]

  • Likelihood of denial: The RFE is issued when there is significant uncertainty about whether the petition will be approved, whereas the NOID is generally used when a denial is quite likely.
  • Accompanying information: A RFE comes with a list of additional types of evidence needed. A NOID comes equipped with a list of reasons for denial. While the two lists are somewhat related (insofar as a reason for denial translates to a piece of evidence that could overturn the denial) they have different framings.
  • Time given to respond: The time given to respond to a RFE is generally greater than that for a NOID.

Request for clarification edit

In cases where the USCIS simply needs answers to a few specific questions (such as a complete translation), it simply issues a Request for Clarification instead of a RFE.[1]

Types of evidence requested edit

RFEs typically request one or more of the following types of evidence:

  • ability of employer to pay
  • periods of current or prior stay in the United States
  • prior work experience
  • educational details or evaluation
  • documents supporting claims of exceptional ability or outstanding research

Response protocol edit

The time within which the response to a RFE must be sent is indicated on the RFE. It generally varies between 30 and 90 days. If no response is received within the time indicated on the RFE, the USCIS will process the application without considering the additional evidence, which in most cases means a denial (because petitions where there was enough evidence to accept should not have RFEs in the first place).[3]

The petitioner has only one chance to respond to a RFE,[4]

  • The petitioner can submit all the requested evidence.
  • The petitioner can "partially respond" by submitting some of the requested evidence. The USCIS will use the partial submission along with the earlier submission to evaluate the petition.
  • The petitioner can choose not to respond, so a final decision will be based on the original petition. This usually means a denial.
  • The petitioner can withdraw the petition.

When responding to a RFE, the petitioner may attach additional pieces of evidence over and above those explicitly requested in the RFE.

Relation with processing timeline edit

The expected processing time for petitions is generally defined as the time till an approval, denial, RFE, or NOID is issued. Therefore, the time taken while waiting for a response from the petitioner is not counted as part of the processing time. After the petitioner responds, the expected additional processing time is comparable with the processing time for a complete first application.

For petitions that request the Premium Processing Service, the expected processing time to a first response (approval, denial, RFE, or NOID) is 15 days, and the time after receiving a response to the RFE is another 15 days.[5]

See also edit

References edit

  1. ^ a b c d (PDF). United States Citizenship and Immigration Services. February 16, 2005. Archived from the original (PDF) on February 20, 2016. Retrieved January 16, 2016.
  2. ^ a b c "Policy Memorandum" (PDF). United States Citizenship and Immigration Services. June 3, 2013. Retrieved January 16, 2016.
  3. ^ "Policy Memorandum: Requests for Evidence and Notices of Intent to Deny" (PDF). USCIS. United States Citizenship & Immigration Services. 3 June 2013. Retrieved 20 March 2018.
  4. ^ . USCIS. United States Citizenship & Immigration Services. Archived from the original on 21 March 2018. Retrieved 20 March 2018.
  5. ^ "How Do I Use the Premium Processing Service?". United States Citizenship and Immigration Services. Retrieved April 4, 2015.

External links edit

  • USCIS Policy and Procedural Memoranda on Requests for Evidence (RFE) 2010-12-12 at the Wayback Machine

January 01, 1970
request, evidence, request, issued, united, states, citizenship, immigration, services, petitioners, residency, citizenship, family, visas, employment, visas, examples, petitions, which, issued, form, alien, worker, authorization, form, immigrant, worker, auth. A Request for Evidence RFE is a request issued by the United States Citizenship and Immigration Services to petitioners for residency citizenship family visas and employment visas Examples of petitions for which a RFE may be issued are Form I 129 alien worker authorization Form I 140 immigrant worker authorization and Form I 130 family visas 1 2 The RFE is intended for use in cases where the adjudicator the person evaluating the petition believes that there is not enough evidence to approve the petition but also believes that the petition may be redeemable and that there is no clear factual or statutory basis for denial 2 The RFE when used should be as clear as possible about what types of additional evidence are needed to fill in the gap and what inconsistencies or problems have been found in the evidence submitted so far It is not intended for use for the adjudicator s reassurance in cases where there is enough evidence to approve the petition 1 It is sent to and the response must be sent by the petitioner or the attorney representing the petitioner in cases where the petition is filed through an attorney rather than the beneficiary citation needed Contents 1 Related communications 1 1 Differences with NOID 1 2 Request for clarification 2 Types of evidence requested 3 Response protocol 4 Relation with processing timeline 5 See also 6 References 7 External linksRelated communications editDifferences with NOID edit The following are some key differences between the RFE and the Notice of Intent to Deny NOID 1 2 Likelihood of denial The RFE is issued when there is significant uncertainty about whether the petition will be approved whereas the NOID is generally used when a denial is quite likely Accompanying information A RFE comes with a list of additional types of evidence needed A NOID comes equipped with a list of reasons for denial While the two lists are somewhat related insofar as a reason for denial translates to a piece of evidence that could overturn the denial they have different framings Time given to respond The time given to respond to a RFE is generally greater than that for a NOID Request for clarification edit In cases where the USCIS simply needs answers to a few specific questions such as a complete translation it simply issues a Request for Clarification instead of a RFE 1 Types of evidence requested editRFEs typically request one or more of the following types of evidence ability of employer to pay periods of current or prior stay in the United States prior work experience educational details or evaluation documents supporting claims of exceptional ability or outstanding researchResponse protocol editThe time within which the response to a RFE must be sent is indicated on the RFE It generally varies between 30 and 90 days If no response is received within the time indicated on the RFE the USCIS will process the application without considering the additional evidence which in most cases means a denial because petitions where there was enough evidence to accept should not have RFEs in the first place 3 The petitioner has only one chance to respond to a RFE 4 The petitioner can submit all the requested evidence The petitioner can partially respond by submitting some of the requested evidence The USCIS will use the partial submission along with the earlier submission to evaluate the petition The petitioner can choose not to respond so a final decision will be based on the original petition This usually means a denial The petitioner can withdraw the petition When responding to a RFE the petitioner may attach additional pieces of evidence over and above those explicitly requested in the RFE Relation with processing timeline editThe expected processing time for petitions is generally defined as the time till an approval denial RFE or NOID is issued Therefore the time taken while waiting for a response from the petitioner is not counted as part of the processing time After the petitioner responds the expected additional processing time is comparable with the processing time for a complete first application For petitions that request the Premium Processing Service the expected processing time to a first response approval denial RFE or NOID is 15 days and the time after receiving a response to the RFE is another 15 days 5 See also editNotice of Intent to Deny Notice of Intent to RevokeReferences edit a b c d Interoffice Memorandum PDF United States Citizenship and Immigration Services February 16 2005 Archived from the original PDF on February 20 2016 Retrieved January 16 2016 a b c Policy Memorandum PDF United States Citizenship and Immigration Services June 3 2013 Retrieved January 16 2016 Policy Memorandum Requests for Evidence and Notices of Intent to Deny PDF USCIS United States Citizenship amp Immigration Services 3 June 2013 Retrieved 20 March 2018 Adjudicator s Field Manual Sec 10 3 General Adjudication Procedures USCIS United States Citizenship amp Immigration Services Archived from the original on 21 March 2018 Retrieved 20 March 2018 How Do I Use the Premium Processing Service United States Citizenship and Immigration Services Retrieved April 4 2015 External links editUSCIS Policy and Procedural Memoranda on Requests for Evidence RFE Archived 2010 12 12 at the Wayback Machine Retrieved from https en wikipedia org w index php title Request for Evidence amp oldid 1182070514, wikipedia, wiki, book, books, library,

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