H-1B RFE
Got an H-1B RFE? What it means and how to respond
A Request for Evidence means USCIS needs more proof before it decides. It is not a denial. Here are the topics H-1B RFEs usually cover, the deadline rules and what to do this week.
Last checked October 2026 · Sources
- Longest RFE deadline
- 12 weeks (84 days)
- Extensions
- Not allowed
- Premium clock after reply
- New 15 business days
- Legal fee
- Quoted on request
Quick answer
What should I do if I get an H-1B RFE?
Read the deadline on the notice first. USCIS can give at most 12 weeks (84 days) for an RFE, plus 3 days if it was mailed, and it cannot extend it. Then list each issue the RFE names. Common H-1B topics are specialty occupation, the bona fide job offer and whether the LCA matches the petition. Send one complete response.
- An RFE is a request for more proof, not a denial.
- Send everything together, with the original notice.
- A partial reply is treated as a request to decide on the record.
- With premium processing, a new 15 business day clock starts when USCIS receives your reply.
Common topics
What H-1B RFEs usually ask about
These are the requirements an H-1B petition must prove under 8 CFR 214.2(h)). An RFE names the ones USCIS thinks are not yet shown. We do not publish RFE rates.
| Topic | What USCIS must see | Evidence often used (practical guidance) |
|---|---|---|
| Specialty occupation | The job needs a bachelor’s or higher degree in a directly related specific specialty, or its equivalent. It must meet at least 1 of 4 criteria. A general degree alone is not enough. | Detailed duties with time spent on each, the degree required, industry norms, the employer’s hiring history, an expert opinion |
| Your qualifications | A US degree in the specialty, a foreign equivalent, a full license, or equivalent education, training and experience | Diplomas, transcripts, a credential evaluation, experience letters |
| Bona fide job offer | The employer has a real job for you in the US, a legal presence in the US and an IRS tax ID. USCIS can ask for contracts. | Offer letter, org chart, contracts or work orders for third-party work, proof of the employer’s office and business |
| LCA match | A certified Labor Condition Application that properly corresponds with the petition | The certified LCA, and proof that its occupation, worksite and wage match the petition. An amended LCA and petition if the worksite changed. |
| Owner-beneficiaries | If you own more than 50% of the petitioner, you must do specialty occupation work most of the time | Ownership records, duty breakdown |
Sources: 8 CFR 214.2(h)(4)(ii), (h)(4)(iii)(A) to (C) and (F), and (h)(4)(iv)(C)(4)), LCA rule in 8 CFR 214.2(h)(4)(i)(B)(4)(i)(B)), and the H-1B modernization rule (effective January 17, 2025). That rule removed the reference to an employer-employee relationship from the definition of US employer and requires a bona fide job offer instead.
Deadlines
H-1B RFE deadline rules
The date printed on your notice is the one that counts.
| Rule | What it says | Source |
|---|---|---|
| Longest RFE response time | 12 weeks (84 days) | 8 CFR 103.2(b)(8)(iv)(8)(iv)) |
| Longest NOID response time | 30 days | 8 CFR 103.2(b)(8)(iv)(8)(iv)) |
| Extra time | Not allowed | 8 CFR 103.2(b)(8)(iv)(8)(iv)) |
| Notice sent by mail | 3 days are added | 8 CFR 103.8(b)) |
| Your three choices | Full response, partial response with a request for a decision, or withdraw | 8 CFR 103.2(b)(11)(11)) |
| No reply in time | USCIS can deny as abandoned, on the record, or both | 8 CFR 103.2(b)(13)(13)) |
| Premium processing | The clock stops. A new 15 business day period starts when USCIS receives your reply. | 8 CFR 106.4(f)(3)(3)), USCIS |
The USCIS Policy Manual describes the same limits: Volume 1, Part E, Chapter 6. More on both notices: RFE and NOID response.
Act now
What to do this week
Practical guidance, not legal rules.
-
Find the due date
Day 1Note the response deadline on the notice and count back. Plan to have the package arrive early.
-
List every issue
Day 1The RFE should name each requirement not yet shown and why. Make one line per issue.
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Get the employer involved
Day 2Most H-1B evidence comes from the employer: duties, org charts, contracts, the LCA. Name one person to own it.
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Gather and fix evidence
Days 2 to 5The reply must show you were eligible when the petition was filed. New facts after filing cannot fix an old gap (8 CFR 103.2(b)(12)(12))).
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Check your status if you are in the US
Day 3If the petition asks to extend or change your status, keep proof that you kept status, such as pay stubs.
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Talk to an attorney
This weekA partner-firm attorney reviews the notice and gives a flat quote for the response before you sign.
FAQ
Questions people ask
The deadline is on your notice. The rules cap it at 12 weeks (84 days), plus 3 days if the notice was mailed. No extensions are allowed.
No. It means USCIS needs more evidence to decide. A clear, complete reply gives you the best chance, but no one can promise the outcome.
The premium clock stops when the RFE is issued. A new 15 business day period starts when USCIS receives your response.
No. Send everything at once with the original notice. A partial reply is treated as a request for a decision on the record.
We do not publish statistics. The rules require proof of specialty occupation, your qualifications, a bona fide job offer and a matching LCA, so RFEs usually focus on one or more of those.
It depends on your situation, such as whether a timely extension was filed. Ask a partner-firm attorney to check your dates.
Have an attorney read your RFE
H-1B RFE responses are handled by licensed attorneys at our independent partner firm. Green Card Guide is not a law firm. You get a flat fee quote before you sign.
Sources · checked October 2026
- 8 CFR 103.2(b)(8) to (b)(13): RFEs and NOIDs (eCFR)
- 8 CFR 103.8(b): Effect of service by mail (eCFR)
- 8 CFR 106.4(f): Premium processing timeframes (eCFR)
- 8 CFR 214.2(h): H-1B requirements (eCFR)
- Federal Register, Modernizing H-1B Requirements final rule (Dec 18, 2024, effective Jan 17, 2025)
- USCIS, H-1B Specialty Occupations (updated 09/21/2026)
- USCIS Policy Manual, Volume 1, Part E, Chapter 6: Evidence
- USCIS, How Do I Request Premium Processing? (updated 03/23/2026)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
