During the EB-3 process, many people become concerned when they hear the term RFE (Request for Evidence). However, receiving an RFE does not mean that the case has been denied.
An RFE is a request for additional information or documentation from the relevant authority when further evidence is needed to continue reviewing the case.
So, what is an RFE, why might an EB-3 case receive one, and what should a worker do when this happens?
What Is an RFE?
An RFE (Request for Evidence) is a written request for additional evidence or documentation issued by U.S. Citizenship and Immigration Services (USCIS) during the review of a case.
This means that USCIS requires additional information before making a decision on the case.
An RFE is neither an approval nor a denial of the case.
Why Might an EB-3 Case Receive an RFE?
Depending on the individual case, USCIS may request additional information or documentation to clarify certain aspects of the filing.
Some possible reasons include:
- Certain information or documentation requires further clarification.
- Some required documents are missing.
- Additional evidence is needed to support the review of the case.
- Certain information requires further verification.
Each RFE contains specific requests based on the individual case, and not every case will receive the same type of request.
Does Receiving an RFE Mean the Case Has Been Denied?
No.
An RFE simply indicates that USCIS requires additional information before continuing its review.
If the requested information and documents are provided completely and within the required deadline, the case will continue to be reviewed in accordance with applicable procedures.
What Should You Do When You Receive an RFE?
When an RFE is received, the worker should:
- Carefully review the request.
- Coordinate with the employer and immigration attorney.
- Prepare the requested documents according to the instructions.
- Submit the response within the specified deadline.
Providing a complete and timely response is very important.
Can the Risk of Receiving an RFE Be Reduced?
There is no way to guarantee that a case will not receive an RFE.
However, preparing a complete case with accurate information and carefully reviewing all documentation before filing may help reduce additional requests caused by missing documents or incomplete information.
The Attorney’s Role When an RFE Is Issued
If a case receives an RFE, the immigration attorney will coordinate with the employer and the worker to:
- Analyze the contents of the request.
- Provide guidance on preparing the appropriate documentation.
- Prepare the response in accordance with applicable requirements.
- Submit the response to USCIS within the required deadline.
Conclusion
An RFE may arise during the review of an EB-3 case and does not mean that the case has been denied.
The important thing is to understand what the RFE means, coordinate with the relevant parties, and provide a complete response according to the instructions so that the case can continue to be reviewed.
If you would like to learn more about the EB-3 process or need assistance when an RFE is issued in your case, please contact Total Global Agency (TGA) for support from our professional team.
