Request for evidence

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Request For Evidence (RFE), as pertinent to immigration processing, is a formal response from USCIS, issued when insufficient of suspicious data is found, typically in I-140 or I-485 petitions.

RFE and petition processing is a fairly volatile area in the US Immigration Law, and changes there occur almost yearly.

As of December 2007, a typical RFE is expected to be addressed in 12 weeks from the date issued^{[citation needed]}. Based upon the response from the attorney or the petitioner, INS subsequently makes a decision to adjudicate or deny the petition.

Some law firms provide do-it-yourself packages for most complex RFE's, covering individuals filing in the "exceptional abilities" category.

RFE typically contests:

lack of supporting documents
ability of employer to pay
windows in legal stay in the country
prior work experience
petition information matching the referenced Labor Certification
educational evaluation
documents supporting the exceptional abilities

RFE does not contest lack of payment, or missing forms. INS would normally relate to the submitting party directly upon receipt of the original package.