Navigating RFEs: Strategies to Respond and Strengthen Your EB-1A Case

Receiving an RFE on your EB-1A petition can be unsettling—but it’s often a routine part of the process, not a final “no.” An RFE gives you the opportunity to clarify ambiguities, fill documentation gaps, and reinforce your case. In this guide, we’ll walk through a structured, five-step approach to turn an RFE into a successful outcome: from decoding the notice to crafting a focused response package. Follow these best practices to minimize delays, reduce stress, and maximize your chance of approval on second submission.

1. Understand the RFE Notice and Deadline

1. Read Carefully

   • Identify each item USCIS is requesting. RFEs typically list deficiencies by form section or criterion—e.g. “Lack of sufficient evidence under Criterion 5: Original Contributions.”

2. Note the Deadline

   • Most EB-1A RFEs allow 87 days from the date of issue. Mark this date clearly in your calendar.

3. Determine Scope

   • Is this a narrow RFE (one criterion) or a broad RFE (multiple criteria)? Your response strategy will differ.

Pro Tip: Don’t assume you need to re-submit your entire petition. Focus on the specific points raised.

2. Conduct a Root-Cause Analysis

1. Match Requests to Original Petition

   • Compare the RFE items against your submitted evidence matrix. Where did documents fall short or get overlooked?

2. Identify Gaps

   • Was a document missing, illegible, or insufficiently annotated? Did you fail to tie an award or publication explicitly to a criterion?

3. Consult with Your Team

   • Bring in your consultant or attorney to validate your analysis. A fresh set of eyes often catches overlooked issues.

Example: If USCIS requests “proof of sustained acclaim,” check your timeline of awards and media mentions; you may need to add a chronological summary or additional press clippings.

3. Gather and Organize Supplementary Evidence

1. Targeted Document Collection

   • Only collect evidence that directly addresses the RFE items. Avoid “dumping” unrelated files.

2. Enhance Existing Evidence

   • For partially acceptable items (e.g., an award certificate with no date), supply a clearer copy or a press release that confirms date and significance.

3. Use a Clean Folder Structure

   swift

   CopyEdit

   /RFE_Response/ /01_Cover Letter.pdf /02_Evidence Index.pdf /03_Criterion5_Original_Contributions/ - Patent_Grant.pdf - Licensing_Agreement.pdf /04_Criterion3_Published_Material/ - NYT_Article.pdf - GlobalNews_Transcript.pdf

4. Create an Evidence Index

   • A one-page table listing each RFE point, the new evidence file, and its location. This helps the USCIS officer verify responses quickly.

4. Draft a Clear, Concise Response Letter

1. Use Professional Letterhead

   • Mirror your original petition’s formatting to maintain consistency.

2. Structure by RFE Point

   • Break your response into sections matching each RFE item (e.g., Response to RFE Item 1: Criterion 5).

3. Cite Evidence Precisely

   • For each point, write:

     “In response to Item 1, please see Patent_Grant.pdf (Tab 3, Page 2), which demonstrates …”

4. Keep It Concise

   • Officers appreciate brevity. A 2–3 sentence explanation per item, coupled with the index, is sufficient—avoid unnecessary narrative.

5. Review, Submit, and Follow Up

1. Internal Peer Review

   • Have your consultant or attorney proofread the response package against the original RFE notice.

2. Check Submission Requirements

   • Confirm whether USCIS requires paper submission or if e-filing is allowed. Ensure you include the correct RFE notice number on the cover letter and all mailing labels.

3. Track Delivery

   • Use UPS/FedEx with tracking and signature confirmation. Save receipts and tracking numbers.

4. Set Post-Submission Reminders

   • Note the expected USCIS decision window (typically 60 days). Schedule a check-in in 45 days to avoid surprises.

Conclusion

An RFE on your EB-1A petition isn’t a roadblock—it’s a course correction. By systematically interpreting the notice, conducting a root-cause analysis, gathering precisely targeted evidence, and submitting a clean, indexed response, you can overcome initial objections and move confidently toward approval. Remember: clarity, relevance, and organization are your best allies.

Ready for expert support on your RFE response? Explore our RFE Support & Review Service or Book a Consultation today—and let’s transform your RFE into a success story.