Employment-based immigration is a powerful tool for organizations seeking top global talent. However, the process involves multiple layers of documentation, strict requirements, and detailed evidence that must satisfy U.S. Citizenship and Immigration Services (USCIS). One of the most common obstacles employers and applicants face is the issuance of a Request for Evidence (RFE).
An RFE does not mean a case is denied, but it does signal that USCIS believes additional documentation or clarification is needed. RFEs delay approval, create extra administrative burdens, and increase stress for both employers and applicants. In some cases, they can even jeopardize the success of the petition.
Working with an experienced immigration attorney significantly reduces the likelihood of receiving an RFE. These professionals understand USCIS expectations, common pitfalls in petitions, and the strategies needed to ensure that applications are complete, accurate, and compelling.
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Why RFEs Occur in Employment-Based Immigration
Missing or Insufficient Documentation
USCIS requires detailed evidence for most employment-based visa categories. Missing forms, incomplete job descriptions, or inadequate proof of qualifications are among the most common reasons for RFEs. Even small inconsistencies can raise concerns for adjudicators.
Inconsistent Information
A simple mismatch between job titles, dates, salaries, or work history can trigger an RFE. USCIS officers scrutinize every detail and expect full consistency across all submitted documents, including internal company records.
Unclear Job Duties
Employment-based visas like H-1B, EB-2, and EB-3 require applicants to demonstrate that the job qualifies as a specialty occupation or advanced professional role. If job duties appear too vague or generic, USCIS may issue an RFE seeking clarification.
Employer Eligibility Questions
Sometimes USCIS requests additional proof that the sponsoring employer can pay wages, has a legitimate business structure, or is engaged in active operations.
Questions About the Applicant’s Background
RFEs may also occur if USCIS has doubts about the applicant’s education, work experience, or licensure. If degrees or credentials come from foreign institutions, further evaluation may be required.
How an Immigration Attorney Helps Avoid RFEs
An experienced Chicago employment immigration lawyer provides critical support in preparing employment-based petitions with accuracy, clarity, and strategic detail. Their knowledge of common RFE triggers allows them to craft submissions that answer questions before they arise.
Ensuring Complete and Accurate Documentation
Immigration attorneys review every document to ensure accuracy and completeness. They verify job titles, employment dates, salary amounts, and supporting evidence to prevent discrepancies. By organizing documentation properly and anticipating USCIS requirements, attorneys reduce the risk of missing information.
Crafting Strong Job Descriptions
One of the most frequent RFE triggers is a vague or insufficient job description. Attorneys work closely with employers to craft detailed job duties that clearly demonstrate how the role meets specialty occupation criteria or advanced position requirements.
Job descriptions must balance clarity and specificity, ensuring USCIS understands the complexity and skill level required for the role.
Preparing Persuasive Legal Arguments
Legal briefs and supporting letters drafted by attorneys often serve as the backbone of a successful petition. These narratives explain why the applicant qualifies, how the employer meets the legal criteria, and why the petition should be approved without further questioning.
Attorneys know how to frame a case in a way that aligns with USCIS regulations and adjudication trends.
Coordinating Expert Evaluations
For foreign degrees or specialized roles, attorneys arrange professional evaluations to verify educational equivalency or confirm that experience meets the required skill level. These third-party evaluations help prevent RFEs related to eligibility doubts.
Anticipating USCIS Trends
Immigration policies and enforcement priorities shift frequently. Attorneys stay up to date on the latest adjudication trends, common RFE patterns, and policy updates. This insight enables them to adjust petition strategies proactively rather than reactively.
Reviewing Employer Compliance
Employers must demonstrate financial stability, proper wage payment, and compliance with labor regulations. Attorneys help verify employer documents, such as tax returns, organizational charts, or payroll records, ensuring they meet USCIS expectations.
When employer documentation is insufficient or unclear, attorneys guide companies on strengthening their records before filing.
Providing Clear and Organized Submissions
USCIS officers often appreciate petitions that are easy to review. Attorneys package submissions with logical organization, labeled exhibits, and clear explanations. This reduces the need for officers to follow up with additional questions—a key factor in avoiding RFEs.
How Attorneys Strengthen Specific Employment-Based Cases
H-1B Specialty Occupation Visas
For H-1B visas, USCIS often questions whether the position truly requires a bachelor’s degree in a specific field. Attorneys help demonstrate how technical, analytical, or specialized tasks satisfy this requirement through detailed evidence.
They also ensure compliance with Labor Condition Application (LCA) requirements to prevent wage-related RFEs.
L-1 Intracompany Transfers
RFEs commonly occur when USCIS questions whether the applicant meets managerial, executive, or specialized knowledge requirements. Attorneys help clarify the employee’s role abroad and in the U.S., ensuring consistency in job duties and organizational structure.
EB-2 and EB-3 Employment-Based Green Cards
Labor certification (PERM) cases may receive RFEs if recruitment documentation is incomplete or job requirements appear too restrictive. Attorneys help employers demonstrate lawful recruitment processes and provide evidence that no qualified U.S. workers were available.
Extraordinary Ability and National Interest Waiver Cases
These cases require extensive documentation of achievements, publications, awards, and industry impact. Attorneys ensure the evidence is strong, well-presented, and persuasive, minimizing the risk of RFEs requesting additional proof.
The Cost of Receiving an RFE
Delays in Case Processing
An RFE can delay a case by weeks or months, affecting business operations, hiring plans, and the applicant’s work authorization. Companies relying on foreign talent may face productivity gaps or interrupted workflows.
Increased Legal and Administrative Costs
Responding to an RFE often involves gathering new evidence, revising supporting documents, and drafting detailed responses. This adds time and cost for both the employer and the applicant.
Higher Risk of Denial
While many RFEs can be successfully resolved, they increase scrutiny. A weak response may lead to denial, extending recruitment delays or forcing companies to restart the entire process.
When RFEs Still Occur Despite Preparation
Even with strong preparation, some cases may receive RFEs due to shifts in policy, adjudicator interpretation, or complex case factors. In these situations, having an attorney becomes even more valuable. Lawyers can craft targeted RFE responses that address USCIS concerns clearly and effectively, improving the chance of approval.
Why Early Legal Guidance Makes a Difference
Working with an immigration attorney from the beginning is the most effective way to avoid RFEs. By anticipating issues, organizing strong documentation, and aligning petitions with current legal standards, attorneys help employers secure faster approvals with fewer complications.
For businesses that rely on global talent, minimizing RFEs is not just a paperwork advantage—it is a competitive advantage.
