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Some Typical Requests and Questions
Asked in the Request For Evidence (RFE) Notice

The following are some typical requests and questions asked by USCIS immigration officers in the Request For Evidence (RFE) notice for petitions of EB1-Extraordinary Ability (EB-1A), EB1-Outstanding Researcher or Professor (EB-1B), EB1-Multinational Executives or Managers (EB-1C), National Interest Waiver (NIW), and L1 visa application or extension. Not every RFE asks all of these questions, it depends on each case and different immigration officers. 

1. Request For Evidence for EB1-Extraordinary Ability Petition

The additional evidence requested in the RFE notice of EB-1A petition often includes the following categories:

  • Sustained national or international acclaim;

  • Risen to the very top of a field;

  • Accomplishments and original contributions;

  • Independent witnesses;

  • Publications and citations; 

  • Published materials about the alien in professional or major trade publications; 

  • Awards, patents, membership; 

  • Judging of other's work;

  • Specific evidence.

The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for EB-1A petition:

1) Please note that the mere submission of three or more of the ten required items may not establish eligibility for this classification. Extraordinary ability is defined as a level of experience indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. You must submit additional evidence that clearly demonstrate that you have sustained national or international acclaim, and that your achievement have recognized as extraordinary by others in the field.

2) The record shows the petitioner has submitted several letters of recommendation in support of his visa petition. However, a successful petition is not solely dependent on support letters, so further documentary evidence showing that the petitioner's original contributions are of major significance is needed.

3) Please demonstrate how your achievements are more significant than others in the field, and are above that normally attained by somebody at your current level. To establish this, you should submit letters from independent witnesses who have not worked with you but are familiar with your impact on the filed.

4) The record shows that the petitioner has articles published and that others have cited. However, as the publication of articles is part of the career path of a research scientist, additional evidence, such as further documentation of published articles that cite them, is needed to show that the beneficiary has national or international acclaim for having extraordinary ability.

2. Request For Evidence for EB1-Outstanding Researcher or Professor Petition

The additional evidence requested in the RFE notice of EB-1B petition often includes the following categories:

  • Sustained international acclaim;

  • Outstanding ability;

  • Accomplishments and original contributions;

  • Independent witnesses;

  • Publications and citations; 

  • Published materials about the alien in professional publications; 

  • Awards, patents, membership; 

  • Judging of other's work;

  • Specific evidence.

The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for EB-1B petition:

1) The alien beneficiary shows that he has published research work and presented abstracts at workshops and conferences. The evidence does not show how this has distinguished the beneficiary and elevated him to sustained international acclaim. Please explain in more detail.

2) The evidence does not establish that beneficiary qualifies for alien of outstanding ability in sciences. You have submitted letters for various experts, and although they contain praise, the caliber of that praise is mixed. It is often the praise of senior scientist about a promising younger colleague. You wrote a significant breakthrough. Please submit copies of published articles, which cited this significant breakthrough.

3) The record contains exhibits from collaborators, colleagues, and former laboratory superiors who in varying degrees speak well of the research efforts of the alien beneficiary. Since all of the witness pool list has been connected to the beneficiary in the past, it does not suggest sustained international recognition. Please submit letters from professional unconnected to the beneficiary.

4) You indicated that the alien beneficiary has made contributions to chapters of books which are recognized as authoritative and monumental works. Please submit evidence that these articles and presentations have been cited in the published work of others or explain if that is not the case.

3. Request For Evidence for EB2-National Interest Waiver Petition

The additional evidence requested in the RFE notice of NIW petition often includes the following categories:

  • Exceptional ability and accomplishments;

  • Substantial intrinsic merit;

  • Benefits in national scope;

  • Demonstrating that the national interest would be adversely affected if a labor certification were required for the alien;

  • Serving the U.S. national interest substantially greater than others;

  • Independent witnesses;

  • Labor certification and labor shortage;

  • Publications and citations; 

  • Past achievements;

  • Specific evidence.

The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for NIW petition:

1) To show that the alien is an lien of exceptional ability in the science, arts, or business, the petition must be accomplished by at least three of the six types of evidence outlined in the Part 204.5(k)(4). Please provide evidence showing that the petitioner's work has made a significant contribution to the world of scientific research outside her immediate circle of professors, collaborators, and colleagues.

2) A precedent decision, Matter of New York State Dept of Transportation, enumerates factors that must be considered when evaluating a request for a national interest waiver. The petitioner must show that the alien seeks employment in an area of substantial intrinsic merit. Please provide supporting evidence to show that the alien seeks employment in an area of substantial intrinsic merit.

3) Submit evidence to persuasively establish that the national interest would be adversely affected if employer were required to obtain labor certification from the U.S. Department of Labor. Would a U.S. worker with the same minimum qualification be able to perform the same duties and serve the national interest to a similar degree? How will the petitioner be able to serve the national interest to a substantially greater degree than other individuals in the field? Please submit persuasive documentary evidence to substantiate your response.

4) You must establish you have a past record of specific prior achievement that justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment as a whole.

4. Request For Evidence for EB1 Multinational Executives or Managers (EB-1C) Petition

The additional evidence requested in the RFE notice of EB-1C petition often includes the following categories:

  • Beneficiary's executive or managerial capacity;

  • Beneficiary's executive or managerial job duties;

  • Beneficiary's percentage of time spending;

  • Beneficiary's U.S. company and subordinates information

  • Evidence that establishes the financial status of the U.S. organization;

  • U.S. company's organizational chart;

  • Foreign entity's organizational chart;

  • U.S. company's sufficient number of employees;

  • U.S. employer's ability to pay;

  • Petitioner's multinational character;

  • Beneficiary's foreign employer information;

  • Professional Employees.

The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for EB-1C petition:

1) Provide evidence to show the beneficiary, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year in an executive or manager capacity by a firm or corporation, or an affiliate or subsidiary. Provide evidence of the staffing level at the foreign company including position titles, duties, and educational levels of all employees.

2) Provide a copy of the beneficiary's W-2 wage-earning statements for the last year. It is unclear of the beneficiary's duties, the petitioner stated the he has the duties of an executive and a manager, please submit a definitive statement from the foreign company and the U.S. company describing the job duties of the beneficiary at the U.S. entity, including: position title, lists all daily duties, percentage of time spent on each duty, number of subordinate managers/supervisors or other employees who report directly to the beneficiary; and, a brief description of their job titles, duties and education level; if the beneficiary does not supervise other employees, specify what essential function within the organization he/she manages.

3) Submit documentary evidence to establish the qualifying corporate interrelationship between the United States business entity and the foreign business entity that employs or employed the alien. Such evidence must establish common ownership and/or control between the foreign entity and the United States entity. Evidence of a qualifying relationship may include, but is not limited to, annual reports, statements from the organization's president or corporate secretary, articles of incorporation, financial statements, and/or evidence of ownership of all outstanding stock and the stock ledger for both entities.

4) Provide petitioner's organizational chart in U.S. describing its managerial hierarchy and staffing levels and the beneficiary's position on the chart and all employees under the beneficiary's supervision by name, job tile, and description of job duties. Submit employer's Quarterly Report, for the last eight quarters. "

5. Request For Evidence for L-1A /L-1B Visa Application or Extension

RFE for L-1A Visa Application or Extension: The additional evidence requested in the RFE notice of L-1A visa application or extension often includes the following categories:

  • The beneficiary's duties of as an executive or manager in entities inside and outside the United States;

  • Company structure and organizational chart for entities inside and outside the United States;

  • The beneficiary's subordinates information;

  • The beneficiary's employment evidence;

  • Additional evidence for opening a new office/business in United States;

  • Evidence that establishes the financial status of the U.S. organization.

The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for L-1A visa application or extension:

1) The information submitted does not describe the scope and duties of the position held by the beneficiary in a qualifying capacity. Submit evidence to establish that the beneficiary has been employed abroad, by a qualifying organization, in a managerial or executive capacity for one continuous year of full-time employment within the three years prior to the filing date of the petition.

2) Submit evidence for the duties of general managerial functions, and specify exactly what the beneficiary will do. Submit evidence and an organization chart to show where, what position, and the duties the beneficiary is expected to return after completion of his/her assignment in the United States.

3) To assist us in determining whether the beneficiary is or will be employed in a qualifying managerial or executive capacity. Please provide evidence of how many subordinate supervisors are or will be under the beneficiary's management? what are the job tides and job duties of those employees?

4) Provide photographs of the interior and exterior of all the premises that you have secured for the U.S. entity. Submit evidence to show how your new company in the United States will grow to be of sufficient size to support a managerial or executive position. This evidence should demonstrate that the beneficiary, within one year of operation, will be relieved from performing the non-managerial, day-to-day operations involved in producing a product or providing a service.

RFE for L-1B Visa Application or Extension: The additional evidence requested in the RFE notice of L-1B visa application or extension often includes the following categories:

  • The beneficiary's specialized knowledge;

  • Evidence to show the scope and duties of the position held by the beneficiary in a qualifying capacity;

  • The beneficiary's one year employment with L1 visa sponsor outside the United States;

  • The beneficiary's job description, the percentage of time to be spent on each duty, level of responsibility;

  • Beneficiary's training or experience;

  • Employer's Information

The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for L-1B visa application or extension:

1) Submit probative evidence verifying that the beneficiary's specialized knowledge is uncommon, noteworthy, or distinguished by some unusual quality and is not generally known by practitioners in the beneficiary's field of endeavor. Substantiate that his advanced level of knowledge of the processes and procedures of the company distinguish him from those with only elementary or basic knowledge.

2) Submit evidence to show the beneficiary, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation, or an affiliate or subsidiary, and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that involves specialized knowledge.

3) USCIS is required to make comparison not only between the beneficiary and general labor market, but also between the beneficiary and the remainder of the petitioner's workforce. Please submit probative evidence to corroborate the statements made in its initial filings, and provide evidence to establish how the beneficiary's training, experience and job duties are materially different from those of other engineers employed by the petitioning organization or in the industry at large.

4) Submit additional information on the number of foreign national employees employed at the locations where the beneficiary will be employed, and the number of persons holding the same or similar positions as the beneficiary at the U.S. location.


 

 


More Articles about Request For Evidence (RFE) Response Process
What Is Request For Evidence (RFE) for Green Card Petition
RFE Regulations and Issues for Request for Evidence
How to Prepare RFE Response for EB1 Extraordinary Ability 
How to Prepare RFE Response for EB1 Outstanding Researcher 
How to Prepare RFE Response for EB1 Executive / Manager 
How to Prepare RFE Response for National Interest Waiver  
How to Prepare RFE Response for L-1A Visa or L-1B Visa 
Frequently Asked RFE Questions and Answers for EB-1A, EB-1B, NIW
Frequently Asked RFE Questions and Answers for EB-1C, L1 Visa
William's Answers for RFE Response Questions
USCIS Memorandum #1 on Requests For Evidence
USCIS Memorandum #2 on Requests For Evidence
Do-It-Yourself Packages for RFE of EB-1A, EB-1B, EB-1C, NIW, L1 Visa
Request For Evidence (RFE) for Green Card and Visa Application
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