Quick Strategies for Effectively Responding to an I-140 RFE

A woman with glasses and hat walking through an airport terminal.
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

Getting a Request for Evidence (RFE) on your I-140 petition is like hitting a yellow traffic light. It’s a signal to slow down, review your case, and provide the additional proof needed by the United States Citizenship and Immigration Services (USCIS) to make a decision. Whether you’re claiming extraordinary ability or requesting a national interest waiver, responding effectively to an RFE is crucial to keep your immigration process on track.

In this article, we’ll guide you through handling an RFE, avoiding common pitfalls, and maintaining momentum in your immigration journey.

Key Takeaways

  1. Precision and Thorough Evidence: Increases the chances of a favorable USCIS outcome.
  2. Timely and Organized Responses: Demonstrates attention to detail and commitment.
  3. Legal Assistance: An immigration attorney can provide crucial support.
  4. Post-RFE Monitoring: Stay informed about your application’s status and next steps.
  5. Understanding Denial: If your response leads to denial, understand the reasons and consider reapplication or appeal.

Understanding the I-140 RFE to Prepare an Effective Response

Receiving an RFE can feel overwhelming, like an unexpected pop quiz. But don’t worry, many have successfully navigated this hurdle. The key is to thoroughly understand USCIS’s concerns and gather solid evidence to address them. Treat the RFE as a detailed checklist from USCIS requesting more proof of your claims.

Identifying Key Issues in the RFE Notice

First, stay calm and carefully read through the RFE notice. Identify what information or documentation USCIS finds missing or needs further clarification. This notice serves as your roadmap, guiding where to focus your efforts.

Steps to Address Common Issues:

  • Employment History: Verify your timeline and gather documents that showcase your expertise and job roles.
  • Academic Qualifications: Consider obtaining an independent evaluation to validate your education if it’s questioned.

Aligning Your Response to USCIS Concerns

Crafting a response that aligns with USCIS concerns is like hitting the bullseye in target practice. Your response should be a coherent narrative that supports your petition, speaking directly to the issues raised.

Collecting Appropriate Evidence and Documentation

Stick strictly to what the RFE is asking for. Whether it’s financial statements, letters from previous employers, or proof of academic qualifications, ensure all documents are relevant, valid, and tell a consistent story.

Timely Reaction to I-140 RFE for a Swift Turnaround

The moment you receive an RFE, the clock starts ticking. Making the RFE a priority and integrating it into your schedule is critical. Setting internal deadlines helps manage the process efficiently and ensures your response is submitted well before the USCIS due date.

Prioritizing the RFE in Your Schedule

Set aside specific hours for RFE-related tasks and communicate clearly with any involved parties, such as your employer or lawyer. This approach ensures you meet the deadlines without unnecessary stress.

Setting Internal Deadlines to Meet USCIS Timeframes

Break down the response process into actionable steps and establish preparation milestones. Allocate time for gathering evidence, writing your response, and double-checking completeness. Aim to submit your response a couple of weeks before the USCIS deadline to cushion against any unforeseen delays.

Tracking Your Response Submission

After submitting your response, use delivery confirmation services to ensure it reaches USCIS. Consider using premium processing for status updates, providing extra assurance that your response is under review.

Collaborating with Immigration Lawyers on RFE Responses

An I-140 RFE can feel like a significant obstacle. Partnering with a skilled immigration attorney can be a game-changer, providing expertise to address USCIS concerns effectively.

Choosing the Right Attorney for I-140 RFE Assistance

Select an attorney with a strong focus on immigration law and a track record of resolving RFEs successfully. This choice ensures your submissions are complete, compelling, and compliant with USCIS requirements.

Coordinating Efficiently with Legal Experts

Maintain clear communication with your lawyer to navigate specific requirements efficiently. A collaborative approach ensures your submission is timely and effectively addresses all USCIS points.

Reviewing the Drafted Response with Your Attorney

Before sending off your response, have your attorney review it to ensure it meets all legal requirements and maximizes your chances of a favorable outcome.

organize documents to protect your identity

Organizing Your Documents for Clarity and Precision

Careful preparation is key to responding to an I-140 RFE. Ensure all evidence is relevant, valid, and presented clearly.

Ensuring Document Relevance and Validity

Every document should directly support your case, be up-to-date, and comply with USCIS regulations. Translate and certify non-English documents, check expiration dates, and use certified copies as required.

Presenting Evidence in a Clear and Organized Manner

Organize your documents logically and clearly, reflecting the aspects of the RFE they address. This meticulous presentation helps the adjudicator navigate through your information efficiently.

Using Professional Language in Your RFE Submission

Use precise, respectful language in your response. Clear communication underscores your professionalism and helps the adjudicator review your case objectively.

Building a Strong Case with Supplemental Evidence

Strengthen your case by providing additional documents that support your petition. This can include updated letters of recommendation, detailed reports on projects, and legal precedents.

Identifying Additional Proofs to Support Your Petition

Gather comprehensive evidence that aligns with USCIS requirements. This could include recent letters of recommendation, research reports, or awards that highlight your qualifications.

Addressing Gaps in Your Original I-140 Filing

Identify and rectify any deficiencies in your initial filing. Secure new or updated documents that provide additional context or clarification.

Documenting Legal Precedents and Case Laws

Citing legal precedents and relevant case laws can bolster your position, aligning your petition with established legal frameworks.

Preparing for Potential Outcomes Post-RFE Submission

After submitting your response, stay informed about your application’s status and be prepared for subsequent steps, whether approval or denial.

Anticipating the Approval Process

Monitor your application status and keep your records up-to-date. Preparation can be decisive in avoiding hitches as you move toward a favorable outcome.

Understanding the Next Steps if the RFE Leads to a Denial

If your response leads to denial, evaluate the reasons and consider reapplication or appeal. Consult with your lawyer to review the denial notice and prepare a solid case for an appeal if necessary.

Exploring Options for Reapplication or Appeal

Reapplication or appeal depends on your circumstances and the details in the USCIS denial notice. A knowledgeable immigration lawyer can guide you through this process.


Effectively responding to an I-140 RFE is crucial in advancing your employment-based residency petition. Key strategies include understanding USCIS queries, aligning your evidence with their concerns, and organizing your response meticulously. Collaborating with skilled attorneys, supplementing your petition with additional proof, and preparing for potential outcomes will help you navigate the complex terrain of immigration petitions confidently and efficiently.

Scroll to Top