FAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 1

We are continuing to see an increase in adjudicatory scrutiny and requests for evidence (RFEs) for many nonimmigrant and immigrant visa petitions. USCIS data shows that during fiscal year 2019, about 60% of all completed H-1B cases received an RFE as a result of the “Buy America, Hire American” Executive Order. 

Fortunately, we are also seeing that the majority of our petitions undergoing RFEs are ultimately approved after another very strong and over-documented response. 

These FAQs about RFEs are intended to answer some of the most common questions we receive about RFEs, particularly as they relate to specialty occupations H-1B petitions.

1. What is an RFE?
An RFE is a request from a government agency – typically USCIS – to provide further information
relating to a pending petition or application.

2. How long does USCIS take to adjudicate the case after the RFE response has been
filed?
If the petition was filed under premium processing, the 15-day clock will restart when the response is
received by USCIS. If the petition was filed under regular processing, it is currently taking 6-12 months
for USCIS to issue a response. Premium processing the response should be considered in some cases.

Check back soon for Part 2 of the FAQs about RFEs series!

Need assistance with an RFE? Contact Giselle Carson and the Marks Gray Immigration Team.