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The RFE Notice Said that I Do not Meet Two Criteria of EB-1A Application

Hi William,

I received a Request For Evidence (RFE) notice from USCIS for my EB-1A (EB1 Extraordinary Ability) petition. The RFE notice said that I do not meet two criteria of EB-1A application, but it did not clearly indicate what evidence I should submit with the RFE response.  How could I reply the RFE?

Answer,

Some Request For Evidence (RFE) notice will simply tell you which document that USCIS wants to you to provide in your RFE response. For example, it might ask you to provide a copy of a citation report of your published papers. Even if an RFE seems relatively straightforward, you should take this opportunity to review your application materials and supporting documents to see whether there is anything else you can send to USCIS to bolster your case.

You should consider this to be a chance to address any weaknesses in your application by sending along evidence that could be weighed in an USCIS officer’s “second review” of your case. In other instances, an RFE might cite complex provisions of U.S. immigration law and ask you to provide information to prove that you are eligible for an immigration benefit. It is essential that you understand exactly what you are being asked to prove before responding to a RFE.

It is very important that you respond to the Request for Evidence and provide as much of the requested evidence as possible by the deadline indicated on the notice. If your RFE requests more than one document, you have to send everything together in one response packet. If you do not meet the deadline, USCIS will make a decision based on the information and documents it already has, and that often means your application will be denied.









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