Executive Summary
- An RFE is a USCIS request for additional documentation or clarification on a pending petition. It is not a denial and does not mean the petition will be denied.
- RFEs are common across H-1B, I-140, O-1, and other petition types. Receiving one does not mean something went wrong. Some categories attract them more than others regardless of petition quality.
- HR's role when an RFE arrives is to stay calm, notify the attorney immediately, and gather any HR-specific documentation the attorney needs quickly. HR does not respond to the RFE.
- The employee will be anxious. HR's job is to give them accurate information about what an RFE is and what happens next, without speculating on the outcome.
What an RFE Is
A Request for Evidence is a notice from USCIS asking the petitioner to submit additional documentation or address specific questions about a pending petition. It is not a denial. USCIS issues an RFE when the adjudicator believes more information is needed before making a decision.
An RFE comes with a response deadline. Missing that deadline or submitting an inadequate response can result in denial. Responding thoroughly and on time gives the petition a full opportunity for approval.
RFEs are issued across many petition types including H-1B, I-140, O-1, and L-1. In some categories and during periods of heightened scrutiny, RFE rates are high enough that receiving one should not be treated as a signal that the case is in trouble.
What Triggers an RFE
RFEs are triggered for a range of reasons. Some are specific to the petition type. Some reflect general USCIS scrutiny patterns. Common triggers include:
- The initial petition lacked sufficient documentation for one or more elements
- The employee's role is in a specialty occupation category that USCIS frequently questions
- There is an inconsistency between documents submitted (job description, salary, degree, etc.)
- USCIS requires more evidence to establish the employer's ability to pay
- The petition relies on an unconventional argument that the adjudicator wants more support for
Understanding what triggered the RFE is the attorney's job. HR's job is to respond quickly to whatever the attorney needs.
What HR Should Do When an RFE Arrives
Step 1: Notify the attorney immediately. If the RFE comes to HR rather than directly to the attorney, forward it the same day. Every day of the response window is valuable. Do not hold it while reviewing or discussing internally.
Step 2: Read the RFE summary from the attorney. The attorney will translate the RFE into plain language and identify what is needed to respond. HR should read this summary carefully and flag immediately if any of the requested items fall within HR's domain, such as payroll records, employment verification letters, organizational charts, or documentation of the company's financials.
Step 3: Deliver HR's portion of the response as quickly as possible. The attorney sets the response deadline. HR should deliver its portion well before that date, not on it. RFE responses are complex documents that take time to assemble. The attorney cannot finalize the response until all supporting materials are in hand.
Step 4: Brief the employee. The employee needs to hear what an RFE is, in plain language, before they start interpreting it themselves. A short conversation that covers the following is usually enough:
- An RFE is a request for more information, not a denial
- The attorney is preparing a response
- There is a deadline and the company is treating it as a priority
- You will follow up once the response is submitted
Do not speculate on the outcome. Do not imply that the RFE is the attorney's fault. Do not promise it will be approved.
Step 5: Follow up after the response is submitted. Once the attorney submits the response, let the employee know. They have been waiting and wondering. A short message confirming the response has been filed and that USCIS will now review it closes the loop and reduces the ambient anxiety the employee has been carrying.
What HR Should Not Do
Do not respond to the RFE directly. The RFE response is a legal document prepared by the attorney. HR does not draft, edit, or submit it.
Do not speculate with the employee about what USCIS is looking for or why. HR does not know the adjudicator's reasoning and should not guess. Speculation creates anxiety and can put things on the record that complicate the case.
Do not delay gathering HR documents. If the attorney needs payroll records, an employment verification letter, or an organizational chart, those should be provided within 24 to 48 hours of the request. The attorney is working against a deadline and every day matters.
Do not treat the RFE as a crisis in front of the employee. HR's visible calm is part of what makes the employee feel the situation is being handled. If HR is visibly anxious or unclear about what an RFE is, the employee's anxiety will escalate accordingly.
Documents HR Is Commonly Asked to Provide
When an RFE arrives, the attorney may ask HR for some or all of the following depending on the petition type:
- Employment verification letter confirming the employee's role, start date, and salary
- Payroll records or pay stubs covering a specific period
- Organizational chart showing where the employee sits within the company
- Evidence of the company's financial health (audited financials, tax returns, annual report)
- Documentation of the position's requirements (job description, internal postings)
- Any change in the employee's role, title, salary, or worksite since the original filing
HR should have most of these readily accessible. If any of these documents require time to compile, flag that to the attorney immediately so the timeline can be managed.
Managing the Employee Through the Wait
After the RFE response is submitted, the employee enters a second waiting period while USCIS reviews the response. For some petition types this takes weeks. For others it can take months. This is a stressful period for the employee, and HR should be proactive about it.
A few things that help:
Set expectations on timing. Ask the attorney for a rough estimate of how long USCIS typically takes to respond after an RFE response is submitted. Give the employee that range so they are not checking their inbox every day expecting an immediate answer.
Check in periodically. A brief message every few weeks confirming that there is no update yet, but that HR is monitoring the case, goes further than most HR leaders realize. The employee is not asking for news. They are asking to feel that someone is paying attention.
Know what comes next. After an RFE response is submitted, USCIS can approve the petition, deny it, or in some cases issue a Notice of Intent to Deny. Ask the attorney to walk you through what each outcome means and what the company's options are in each scenario. Having that conversation before the decision arrives means HR is prepared rather than reactive when the answer comes.
Frequently Asked Questions
How long does HR have to respond to an RFE?
The response deadline is set by USCIS and stated in the RFE notice. The attorney manages this deadline. HR's responsibility is to deliver any requested documents to the attorney as quickly as possible, ideally within the first week of the RFE being received, so the attorney has maximum time to build the response.
Does receiving an RFE mean the petition will be denied?
No. Many petitions that receive RFEs are ultimately approved. The response is an opportunity to address USCIS concerns fully. The outcome depends on the quality of the response and the strength of the underlying case.
Can we use premium processing to speed up the RFE response review?
This depends on the petition type and how it was originally filed. Ask the attorney whether premium processing applies to your specific situation and whether any options exist to expedite the review after the response is submitted.
Should we tell the employee's manager about the RFE?
This depends on whether the manager needs to know for business continuity reasons. Ask the attorney whether the RFE has any implications for the employee's timeline or work authorization before deciding what to share. If there are timeline implications, the manager should be informed at a high level. HR should not share the legal details of the RFE with the manager. A simple "we received a request for additional documentation from USCIS, we are responding, and we will update you if there are any timeline implications" is usually sufficient.
What if the RFE response does not result in an approval?
The attorney will assess what options are available and advise on next steps. HR's role at that point is to ask the attorney what the timeline implications are for the employee's work authorization, and to support the attorney with whatever documentation the next step requires. Do not communicate anything to the employee until the attorney has had a chance to assess the situation and advise.
Key Takeaway
An RFE is not an emergency. It is a step in the process that requires a focused, organized response from the attorney and timely support from HR. The teams that handle RFEs best are the ones that already have their documents organized, respond to attorney requests quickly, and communicate clearly with the employee without creating additional anxiety. The teams that struggle are the ones that treat every RFE as a crisis. The difference is almost entirely preparation and calm.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration processing times and policy rules change frequently. All information referenced reflects conditions as of March 2026. Consult a qualified immigration attorney for guidance on specific employee cases.
.svg)
