Receiving a Request for Evidence (RFE) on your EB-1 extraordinary ability green card petition can be stressful. While an RFE is not a denial, it is an opportunity to strengthen your case and address USCIS concerns. In 2025, USCIS continues to apply stricter review standards for EB-1 petitions. Knowing what officers expect and how to respond can make the difference between approval and denial. Below, we answer the most frequently asked questions (FAQs) about EB-1 RFE responses and share strategies that work in 2025.
What Is an EB-1 RFE?
An RFE is a notice from USCIS stating that your EB-1 green card petition lacks sufficient proof. Instead of denying your case, USCIS gives you the chance to submit additional documents or legal arguments.
Why Did I Get an EB-1 RFE?
Common reasons include:
- Weak documentation of extraordinary ability criteria (media coverage, judging, original contributions).
- Lack of evidence for a leading or critical role in your organization.
- Questions about whether your work has national or international acclaim.
- Inconsistencies with prior immigration filings or resumes.
- Failure to satisfy the final merits determination standard.
What Does USCIS Expect in an EB-1 RFE Response in 2025?
In 2025, USCIS expects:
- Clear, organized evidence addressing each concern raised.
- Objective third party proof, such as media articles, industry statistics, or letters from independent experts.
- Detailed recommendation letters showing how your work impacts the industry.
- Legal arguments that connect your evidence directly to USCIS’s EB-1 criteria.
- Evidence that demonstrates sustained national or international recognition, not just isolated achievements.
What Should a Strong EB-1 RFE Response Include?
A successful EB-1 RFE response should include:
- Cover letter/brief outlining your legal arguments.
- Organized exhibits (labeled and indexed for USCIS review).
- New or stronger evidence of extraordinary ability.
- Clarifications for any inconsistencies USCIS identified.
- Extra criteria evidence to go beyond the minimum three, strengthening your case.
Can You Provide a Sample EB-1 RFE Response Strategy?
Yes while every case is different, here’s a sample strategy:
- Identify USCIS concerns (“USCIS states that your media coverage is insufficient”).
- Address each concern directly (submit additional independent media articles, circulation data, and expert commentary).
- Add supplemental evidence to strengthen weaker areas (for example, if “high salary” was questioned, add industry reports comparing your pay).
- Cite USCIS policy and case law to support why your evidence qualifies.
- Organize the response so officers can easily follow your arguments.
How Much Time Do I Have to Respond?
Typically, USCIS gives you 87 days to respond to an EB-1 RFE. Missing the deadline almost always results in denial.
Can I Win an EB-1 Case After an RFE?
Yes. Many applicants win EB-1 approvals after an RFE. In fact, some of the strongest cases come after USCIS challenges applicants to provide clearer, stronger evidence.
Should I Hire a Lawyer for My EB-1 RFE?
Yes. Responding to an RFE is often more complex than the original filing. We can:
- Review the RFE and identify weaknesses.
- Gather new, targeted evidence.
- Draft persuasive legal arguments.
- Organize your response for maximum impact.
Don’t Risk a Denial. Let Us Fight for Your Green Card
An EB-1 RFE in 2025 is not the end of the road. It’s an opportunity to rebuild and win your case. With the right response strategy, many applicants overcome RFEs and achieve EB-1 approval. If you’ve received an EB-1 RFE, don’t take chances. Contact us at 305-515-0613 or email info@messersmithlaw.com today. We have successfully responded to EB-1 RFEs and won approvals for clients worldwide.