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Responding to Request for Evidence (RFE): Best Practices for EB-1A Applicants

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The Dreaded RFE: A Normal Part of the Process

The envelope arrives with that distinctive USCIS logo, and your heart sinks. After months of gathering documentation, carefully crafting your petition, and anxiously waiting, you've received a Request for Evidence (RFE) for your EB-1A application.

Take a deep breath. This isn't the end of the road—far from it.

An RFE simply means USCIS needs additional clarification or documentation before making their final determination.

Understanding Why You Received an RFE

Before crafting your response, it's crucial to understand exactly what the USCIS is asking for. RFEs for EB-1A petitions typically fall into several categories:

1. Insufficient Evidence of Extraordinary Ability

The officer may believe you haven't fully demonstrated that you meet at least three of the ten criteria for extraordinary ability. This could mean:

  • Your evidence wasn't strong enough for particular criteria
  • Documentation was missing or incomplete
  • The significance of your achievements wasn't adequately explained

2. Qualifying for the Two-Step Analysis

Even if you technically meet three criteria, the officer may question whether your achievements rise to the level of "extraordinary ability" in the field. This requires demonstrating sustained national or international acclaim and recognition.

3. Lack of Continued Work in the Field

USCIS must be convinced you'll continue working in your area of expertise in the United States.

4. Questions About Evidence Authenticity

Occasionally, USCIS may request original documents or additional verification.

The Strategic Response: Your 8-Step Action Plan

Receiving an RFE isn't just a challenge—it's an opportunity to strengthen your case. Follow these steps for the best chance of success:

Step 1: Read the Entire RFE—Twice

The RFE will specify exactly what additional evidence is required. Read it carefully, highlighting key requests and noting deadlines. The response deadline is non-negotiable; missing it will result in denial.

Step 2: Organize a Response Strategy

Create a checklist based on each requested item. For example:

□ Additional evidence of judging the work of others
□ Clarification of role in research publications
□ Evidence of original contributions of major significance
□ Documentation of high salary relative to others in the field

Step 3: Gather New Evidence

Now is the time to gather any additional documentation that directly addresses the officer's concerns. This might include:

  • Missing recommendation letters from experts who can specifically address the criteria in question
  • Additional citations or impact metrics for your work
  • Press coverage or media recognition you may have overlooked
  • Award certificates with translations and explanations of significance
  • Membership documentation with detailed proof of exclusive requirements

Step 4: Reframe Existing Evidence

Sometimes the issue isn't missing evidence but rather insufficient context:

  • Create evidence crosswalks that explicitly show how each piece of documentation satisfies specific criteria
  • Highlight key passages in recommendations or reviews
  • Add contextual information about the prestige of journals, conferences, or organizations in your field
  • Provide field-specific explanations that help officers understand norms in your area of expertise

Step 5: Craft a Compelling Cover Letter

Your response should begin with a professional cover letter that:

  • Acknowledges receipt of the RFE
  • Briefly summarizes your qualifications
  • Provides a roadmap to your response
  • Thanks the officer for the opportunity to clarify your extraordinary abilities

Step 6: Organize Your Response Methodically

USCIS officers appreciate well-organized responses that make their job easier:

  • Mirror the RFE structure exactly, addressing each point in the order presented
  • Tab and label all exhibits clearly
  • Create a detailed index of all submitted materials
  • Highlight relevant passages in lengthy documents

Step 7: Review Before Submission

Before sealing that envelope:

  • Ensure completeness by double-checking against the RFE requirements
  • Verify translations of any non-English materials
  • Make copies of everything for your records
  • Check formatting for readability and professionalism

Step 8: Submit Properly and Track Delivery

  • Send your response via a tracked delivery method
  • Keep delivery confirmation for your records
  • Note when your case status should update online

Common RFE Issues and How to Address Them

"Your accomplishments don't rise to the level of extraordinary ability"

This requires demonstrating why your achievements are exceptional. Consider:

  • Comparing your metrics to field averages
  • Explaining the selective nature of your recognitions
  • Providing context about competition or acceptance rates
  • Adding expert testimony about field standards and how you exceed them

"Insufficient evidence of original contributions of major significance"

This criterion often receives scrutiny. Address by:

  • Documenting how others have implemented or built upon your work
  • Providing impact metrics (downloads, adoptions, citations)
  • Including expert testimonials specifically addressing how your work has changed the field
  • Demonstrating commercial success resulting from your innovations

"The publications you've judged aren't prestigious enough"

Enhance this evidence by:

  • Explaining selection processes for reviewers
  • Providing journal impact factors or conference acceptance rates
  • Including invitation letters highlighting why you were selected
  • Documenting the number of manuscripts reviewed

Psychological Aspects: Maintaining Perspective

An RFE can feel personal and discouraging. Remember:

  • This is a normal part of the process for many successful applicants
  • The officer isn't questioning your worth but simply needs additional documentation
  • View this as an opportunity to build a stronger case
  • Stay positive and focused on the technical aspects of the response

When to Seek Professional Help

While many applicants successfully respond to RFEs independently, consider consulting an immigration attorney if:

  • The RFE appears unusually complex or extensive
  • You're unsure about legal terminology or requirements
  • The requested evidence seems impossible to provide
  • You've already submitted everything you believe is relevant
  • The deadline is approaching and you need assistance organizing materials

Final Thoughts: The Path Forward

Remember that an RFE is not a rejection—it's a request for dialogue. Many extraordinary individuals have received RFEs and gone on to approval.

Stay methodical, thorough, and confident in your qualifications. Document everything meticulously, explain context clearly, and help the officer understand not just what you've accomplished, but why those accomplishments demonstrate extraordinary ability.

The road to extraordinary ability recognition may have this additional curve, but with careful navigation, you'll reach your destination.

This article provides general information and does not constitute legal advice. Immigration regulations and processing times change frequently, and individual cases may vary.