What is a Request for Evidence (RFE)?
After reviewing your application, sometimes USCIS will require more information or clarification on certain items before proceeding with a decision to approve or deny the application. If this is the case, they’ll issue a Request for Evidence, or RFE. Unlike a Notice of Intent to Deny (NOID), an RFE does not necessarily mean your application will be denied. Crafting an appropriate and timely response, however, is critical to avoid denial and receive a favorable decision from the USCIS adjudicator.
Types of RFEs
RFEs can vary greatly in the extent and complexity of the adjudicator’s request. Some RFEs simply request missing documents that were not received by USCIS.
In other instances, an RFE might center around complex provisions of U.S. immigration law and the EB-5 program specifically. These RFEs may require that project sponsors provide information proving program eligibility, elaborating on the nature of the new commercial enterprise, or defending the methodology of how job creation outputs were determined. Understanding exactly what is being asked is critical to adequately respond to an RFE.
If a project sponsor is unsure of what evidence should be submitted to USCIS, consult industry professionals who can help review the RFE and assemble the appropriate documentation and response.
Our Process for Responding to RFEs
Our team has extensive experience in helping project sponsors review and craft appropriate RFE response packages. Once engaged, our team will work directly with you to review the RFE and outline the best course of action. We’ll guide you through each step of the process to ensure the appropriate documentation is included in the response and we’ll draft a response letter to outline the contents of the submission and a summary of the response.
Responding to RFEs in a timely, organized, and professional manner is crucial to avoid a NOID and ensure a favorable decision by the USCIS adjudicator. If you’ve received an RFE and need assistance, email Erin Osborne directly at firstname.lastname@example.org to get started.
Why Work with Us
EB-5 Project Developers and Regional Centers Across the Country Consistently Choose to Work with Us
Most of our clients who engage us to assist with RFEs are seasoned veterans in the EB-5 industry. They understand the gravity of RFEs and the implications an inadequate response can have on their project, their brand, and their investors’ chances of obtaining Green Cards.
Our clients are looking for a team that can provide fast, accurate solutions to their issues without multiple rounds of follow ups from USCIS.
EB-5 project sponsors and developers should research different firms before engaging professionals to assist with RFE responses. Engaging the wrong team could jeopardize the immigration status of investors and could cause irreparable damage to project sponsors’ reputations.
If you’d like a free consultation, please start by completing the form.