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The Difference of 'Additional Evidence' and the 'Initial Evidence' for a RFE

Dr. William:

I am preparing the I-140 petition documents. Please explain the difference of 'additional evidence' and the 'initial evidence', in case of Request For Evidence (RFE). Thank you.

Answer:

If the USCIS determines that a Request For Evidence (RFE) must be issued, then the RFE will cover all needed evidence. If the RFE is for “additional evidence” which is required to assist an USCIS officer in making a decision rather than an RFE for “initial evidence” which is required to make a petition case.

If the RFE is for “initial evidence” which is requested by an USCIS officer to determine whether or not the petition meets the basic requirements, then the processing of application will be put on hold until the information and evidence are received. The applicant will only be entitled to the interim benefits after receipt of the requested evidence.




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