An RFE (Request for Evidence) is a notice from USCIS indicating that the officer reviewing a petition or application cannot make a decision based on what was submitted and is giving the applicant an opportunity to supplement the record. According to USCIS practice (Policy Manual, Vol. 1, Pt. E; 8 CFR 103.2(b)(8)), the notice is issued on Form I-797E, Notice of Action. Receiving an RFE does not mean a denial has been issued — the case remains pending. From the moment USCIS issues the RFE, adjudication is paused until a response is received or the deadline passes.
How the Process Works
USCIS issues an RFE when the materials on file are insufficient for a decision. As USCIS practice describes it, the notice contains an introductory section summarizing the facts of the case, a section citing applicable law and eligibility requirements, a list of evidence already submitted, and a section specifying what additional evidence is required. Respondents may reply fully, partially, or not at all; a complete response is described as the standard approach.
The response deadline is stated in the RFE itself. Under USCIS practice, the standard maximum is up to 87 days, accounting for mail delivery, and extensions beyond that maximum are not granted. General rules governing filing and adjudication are described in 8 CFR 103.2. Information about USCIS forms and fees is available in the USCIS forms and fees section.
Timelines After a Response Is Submitted
According to USCIS practice, once a response is received the online case status updates to "Response to USCIS' Request for Evidence Was Received," and the case returns to the adjudication queue. How long adjudication takes after that depends on the form type and USCIS workload; current processing time benchmarks are published in USCIS Processing Times. For cases with premium processing, the premium processing clock resets when USCIS receives the RFE response.
How a Response to an RFE Is Typically Prepared
The general sequence applicants follow: read the entire notice; review the Evidence Submitted list; use the Evidence Lacking section to gather the requested documents or permissible alternatives; assemble everything into one complete package with the original RFE notice on top; and send the package via trackable delivery with enough lead time before the stated deadline.
What Is an RFE and What Does It Mean?
An RFE (Request for Evidence) is a request for additional evidence that USCIS issues when an officer cannot make a decision based on what was filed. As USCIS practice describes it, the notice is issued on Form I-797E, Notice of Action. The case remains pending while the RFE is outstanding, and the applicant is given an opportunity to supplement the record.
What Happens If You Don't Respond to an RFE by the Deadline?
According to USCIS, if an applicant does not respond by the stated deadline, USCIS proceeds to a decision based on the existing record, which typically results in a denial. The deadline is specified in the notice itself; the standard maximum is up to 87 days accounting for mail delivery, and extensions beyond that maximum are not granted.
Is an RFE a Denial?
No. As USCIS practice describes it, receiving an RFE does not mean the petition or application has been denied — the case remains pending, and USCIS is providing an opportunity to supplement the record. In June 2021, USCIS discontinued a prior policy that had allowed denials on cases with insufficient initial evidence without first issuing an RFE or NOID; current practice is to issue an RFE before denying when additional documentation could lead to approval. This is the policy in effect as of June 2021; it is subject to revision by the administration.
What Is the Difference Between an RFE and a NOID?
As USCIS practice describes it, a NOID (Notice of Intent to Deny) signals that USCIS is prepared to deny based on the existing record: the submitted evidence was received but did not establish eligibility, and a response to the NOID represents the last opportunity before a decision is issued. A NOID explains why USCIS considers eligibility unestablished and generally allows approximately 30 days to respond. USCIS describes a NOID as significantly more serious and urgent than an RFE. USCIS also separately describes an RFIE (Request for Initial Evidence), which is issued when a primary piece of evidence specified in the form instructions is missing. A different situation entirely arises when a submission lacks a signature or the required fee — in those cases USCIS rejects the filing at intake rather than issuing an RFIE.