You received an RFE on your H-1B petition. This is what it means and what to do next.

A Request for Evidence (RFE) is a formal notice from USCIS indicating that more information is needed before a decision can be made on your H-1B petition. It does not mean your case will be denied, but it requires a careful, comprehensive response.

Overview

USCIS issues RFEs when the initial petition does not contain sufficient evidence to establish eligibility. In recent years, RFE rates on H-1B petitions have increased significantly as USCIS has tightened adjudication standards. The most common RFE categories involve the specialty occupation requirement, wage level consistency, the employer-employee relationship, and the beneficiary’s qualifications.

The specialty occupation RFE is the most frequently issued type. USCIS questions whether the position truly requires a bachelor’s degree in a specific field of study. This issue intensified after USCIS policy changes that raised the bar for what qualifies as a specialty occupation. Officers now routinely compare job duties against the Department of Labor’s Occupational Outlook Handbook and O*NET data, and positions that accept degrees in a wide range of unrelated fields face particular scrutiny.

Wage level RFEs have also become more common, especially for positions filed at Level I (entry-level) wages. USCIS frequently questions whether a position described with complex duties is consistent with an entry-level wage classification. Under the new wage-weighted lottery system, wage level accuracy has taken on additional importance.

Once you receive an RFE, the petition is paused. The petitioning employer has 84 days (approximately 12 weeks) from the date of the RFE to file a response. If USCIS does not receive a timely response, it may deny the petition based on the existing record.

What to do when you receive an H-1B RFE

Your Rights Under California Law

Both employers and H-1B beneficiaries have important rights when responding to an RFE.

Right to respond fully

USCIS must give you the full 84-day response period. An RFE cannot be issued with an unreasonably short deadline. You have the right to submit any and all evidence that supports your eligibility, even if the RFE does not specifically request a particular type of evidence.

Right to continued employment during RFE pendency

If you are already working in H-1B status (for example, on an extension or amendment), an RFE does not terminate your work authorization. You may continue working while the RFE response is pending, as long as your underlying H-1B status remains valid.

Right to appeal a denial

If your petition is denied after an RFE response, you have the right to file a motion to reopen or reconsider with USCIS, or appeal to the Administrative Appeals Office (AAO). Understanding the specific denial grounds determines which option is most likely to succeed.

How California Law Applies

USCIS evaluates H-1B petitions under the specialty occupation standard defined in INA § 214(i) and 8 CFR § 214.2(h)(4)(ii). A specialty occupation must meet at least one of four regulatory criteria: a bachelor’s degree in a specific field is the minimum entry requirement for the position; the degree requirement is common in the industry; the employer normally requires a degree; or the duties are so specialized that a degree is required to perform them.

When evaluating RFE responses, USCIS officers apply a preponderance of evidence standard — meaning the evidence must show that eligibility is “more likely than not.” This is a lower standard than beyond a reasonable doubt, but it still requires clear, specific evidence rather than general assertions.

The H-1B Modernization Final Rule, effective January 17, 2025, refined the specialty occupation definition and introduced the concept of “directly related specific specialty.” This means the position must require knowledge in a specific, narrow field rather than a broad academic discipline. Positions that accept degrees in business, liberal arts, or general sciences without further specificity are more likely to receive RFEs.

The Legal Process

When USCIS issues an RFE, the H-1B petition is paused. No decision — approval or denial — will be made until USCIS either receives the response or the deadline passes. The petitioning employer receives the RFE and is responsible for filing the response.

After the response is received, USCIS logs receipt and the case status updates to “case is being actively reviewed.” A reviewing officer examines the response and new evidence alongside the original petition. The officer may approve the petition, deny it, or in some cases issue another RFE on a different issue.

For cases filed with premium processing, USCIS must take action within 15 business days of receiving the RFE response. For standard processing, there is no guaranteed timeline — adjudication times vary by service center and workload.

What Documentation Matters

An effective RFE response typically includes:

• Expert opinion letter — An opinion from a recognized expert in the field explaining why the position requires a specific degree. The expert should address the position’s complexity, the field of study required, and industry standards.
• Detailed position description — An expanded description of the job duties, showing the specialized knowledge required and how each duty connects to a specific field of study.
• Industry job postings — Similar positions at other companies that require a specific degree, demonstrating that the degree requirement is common in the industry.
• O*NET and OOH data — Occupational data from the Department of Labor supporting the specialty occupation classification.
• Compensation data — For wage level RFEs, salary surveys and compensation analyses supporting the wage level classification.
• Organizational chart and project documentation — For employer-employee relationship RFEs, documentation showing the employer’s supervision and control over the H-1B worker’s activities.

Frequently Asked Questions