EB1A RFEs Explained: How to Prevent RFEs in EB1A Applications?
The Request for Evidence (RFE) signifies that USCIS requires additional evidence to decide on your case; it does not imply the denial of your application.
Upon receiving an EB1A RFEs, promptly respond within the deadline; failure to do so may result in USCIS denying your application.
What are the Key Elements in the EB1A RFE?
The USCIS provides clear guidance on the situations in which an officer can issue an EB1A RFEs to the applicant.
Furthermore, RFEs are not entirely new documents written by officers; instead, they utilize RFE templates and customize them to the specifics of the EB1A case to request additional information and documentation.
Law
The RFEs notice starts with the law. This part contains quotations from sections such as the Immigration Nationality Act (INA) and other US immigration laws related to the type of application you submitted.
This part usually delves into the eligibility requirements for that particular category of application you have applied for.
Submitted Evidence
In this section, USCIS lists all the evidence you submitted in your EB1A case to support your application.
You should carefully read this section to determine whether they have included all the evidence you have already submitted.
If you find that they fail to mention any submitted evidence, then you need to send that missing evidence when responding to the RFEs.
Lack of Evidence
This part is lengthy and includes:
- Lists all additional evidence that USCIS needs to decide on your case.
- Explain the requirements that you have not fulfilled with the already submitted evidence.
- Specifies alternative options for the requested documents.
- Make sure you carefully review this section so that you can respond to the EB1A RFEs with the necessary information to support your application.
Respond Within the Deadline
At the end of the notice, they mention the deadline for the RFE and the mailing address to which you need to send your RFEs. Moreover, your RFE should reach USCIS within the deadline; the postmarked deadline date will not be considered.
In this part, they also mention the consequences of failing to respond to the RFEs within the deadline, which is that USCIS will review your petition with the evidence already submitted, which may likely result in the denial of the application.
How do you Prepare for your EB1A RFEs Response?
Here is a quick guide to how you can respond to RFEs for a green card :
1. The first page of the RFEs package should be your original RFEs notice
2.When providing photocopies of documents from the initial application, ensure to specify their origin as the original submission.
3. Combine multiple documents intended for RFEs into a single package for submission.
4. If you have provided alternative options for any documents, you should mention the reason why you cannot access that particular evidence and submit alternative evidence.
Upon receiving an RFEs, stay calm and respond within the deadline specified. If days are mentioned, calculate from the date the RFE is issued, not when you receive it.
Tips to Avoid EB1A RFEs
Although an RFEs may not result in a denial of your EB1A application, responding to RFEs requires time and effort, potentially delaying the processing of your application.
Make sure you submit all essential documents and evidence needed for the EB1A application to avoid RFEs. To assist you in this process, we provide several tips to help prevent RFEs in your application:
1. Include all the Required Evidence for EB1A
Refer to the I-140 instructions to determine the documents and evidence needed for the EB1A petition to avoid RFEs.
Additionally, thoroughly review the USCIS policy manual to clearly understand eligibility requirements and seek help from experts as needed, enabling you to submit robust evidence for EB1A.
Similarly, for the I-485 application, utilize the Form I-485 instructions to submit all necessary documents.
2. Provide Evidence of Legal Entry
If you are applying for an Adjustment of Status application within the US, you must submit proof of legal entry to the US, such as a stamped passport copy or I-94 arrival and departure record.
3. Include Document Translations
If you have any documents in a language other than English, provide an English translation done by a qualified translator. Additionally, include a written statement from the translator affirming the accuracy of the translation, along with their name, address, and signature.
Conclusion
In EB1A, many aspirants receive RFEs, as they fail to submit strong evidence necessary to meet EB1A requirements.
When addressing an EB1A RFE, remember that you cannot introduce entirely new evidence. You can only submit documentation that supports the claims made in the original EB1A petition.
For example, if an RFEs is issued indicating that certain press articles you submitted are not sufficient to meet the EB1A press criteria standards, then you can only submit proof to support the evidence already submitted.
Thus, you cannot submit new press articles that you obtained after submitting your EB1A petition.
That said, in the Smart Green Card VIP plan, we ensure that every piece of evidence you collect establishes extraordinary ability for qualifying EB1A. As a result, the majority of the Smart Green Card members achieved EB1A approval without encountering RFEs.
If you are seeking support to build your compelling EB1A profile, then explore the Smart Green Card VIP plan.
- SGC
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